justicedao/ipfs_state_laws huggingface dataset:
647-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 647-040-0130 and OAR 647-040-0140, the Oregon Processed Vegetable Commission shall provide to a qualified member of the Oregon Processed Vegetable Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Processed Vegetable Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Processed VegetableCommission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OPVC 3-2021, adopt filed 12/03/2021, effective 01/01/2022 OPVC 2-2021, temporary adopt filed 09/20/2021, effective 09/24/2021 through 12/31/2021
647-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 647-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Processed Vegetable Commission shall provide to a non-qualified member of the Oregon Processed Vegetable Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 647-040-0140, the Oregon Processed Vegetable Commission shall provide to a non-qualified member of the Oregon Processed Vegetable Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Processed Vegetable Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Processed VegetableCommission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OPVC 3-2021, adopt filed 12/03/2021, effective 01/01/2022 OPVC 2-2021, temporary adopt filed 09/20/2021, effective 09/24/2021 through 12/31/2021
647-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Processed Vegetable Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OPVC 3-2021, adopt filed 12/03/2021, effective 01/01/2022 OPVC 2-2021, temporary adopt filed 09/20/2021, effective 09/24/2021 through 12/31/2021
647-040-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Processed Vegetable Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $2,000 must be authorized by the Oregon Processed Vegetable Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OPVC 3-2021, adopt filed 12/03/2021, effective 01/01/2022 OPVC 2-2021, temporary adopt filed 09/20/2021, effective 09/24/2021 through 12/31/2021
648-001-0010 PROCEDURES FOR NOTICES OF PROPOSED RULEMAKING Before adopting, amending or repealing any permanent rule, the Oregon Hemp Commission will give notice of the intended action: (1) By causing the notice to be published in the Secretary of State’s Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule; (2) By providing a copy of the notice to persons on the Oregon Hemp Commission’s interested parties list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By providing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in a commission’s rulemaking and publications whose readers have an interest in commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 183.335 & ORS 183.341(4) History: HEMP 1-2022, adopt filed 06/27/2022, effective 07/20/2022
648-010-0020 Assessments A ll Producers and Vertically Integrated Producers shall pay to the Commission the Assessment at the following rates: (1) Hemp biomass used for cannabinoid extraction: 1% of the Dollar Value; (2) Hemp biomass used as fiber for textiles, rope, paper, plastics, hempcrete, or other building or fiber materials: 1% of the Dollar Value ; (3) Hemp biomass used as animal feed: 1% of the Dollar Value ; (4) Hemp biomass used for flower: 1% of the Dollar Value; (5) Hemp seed for planting: 1% of the Dollar Value; (6) Hemp seed used as grain: 1% of the Dollar Value; (7) Hemp seedlings, cuttings, clones: 1% of the Dollar Value; (8) Hemp seed for human consumption: 1% of the Dollar Value ; and (9) Hemp seed for pressing or processing into oil: 1% of the Dollar Value . Statutory/Other Authority: ORS 571.406(3), ORS 571.423 & ORS 571.447 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 - 571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-010-0030 Effective Dates of Assessments The Assessment required by OAR 648-010-0020, and the Assessment Report required by OAR 648-010-0040 applies to all Hemp produced in Oregon and Sold Commercially or Transferred Internally, except for Hemp that Is subject to a Casual Sale, on or after January 1, 2023. Statutory/Other Authority: ORS 571.406(3), ORS 571.423 & ORS 571.447 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 - 571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-010-0040 Reports and Payments of Assessment Moneys ( 1) All Producers and Vertically Integrated Producers shall make an accurate Assessment Report to the Commission on forms approved by and provided by the Commission. (2) For all Hemp Sold Commercially or Transferred Internally, the Producer or Vertically Integrated Producer shall complete and file an Assessment Report and pay the Assessment to the Commission quarterly as follows: (a) for sales or transfers in January, February, and March, the Assessment Report and Assessment must be submitted on or before the April 15; (b) for sales or transfers in April, May, and June, the Assessment Report and Assessment must be submitted on or before July 15, (c) for sales or transfers in July, August, and September, the Assessment Report and Assessment must be submitted on or before October 15, and (d) for sales or transfers in October, November, and December, the Assessment Report and Assessment must be submitted on or before January 15. (e) For purposes of this section (2) of this rule, Assessments submitted via postal mail shall be considered timely If postmarked on or before the quarter's deadline in which the assessment is due. (3) If a Producer or Vertically Integrated Producer has not Sold Commercially or Transferred Internally Hemp during the quarter, the Producer or Vertically Integrated Producer shall complete and file an Assessment Report at by the date indicated in section (2) indicating on the Assessment Report that no Hemp was Sold Commercially or Transferred Internally during the quarter. (4) Assessment Reports filed with the Commission are confidential to the extent allowed by ORS 192.345(5). (5) The Commission shall maintain Assessment Reports filed with the Commission pursuant to OAR 166-350-0010. (6) A Producer or Vertically Integrated Producer who believes that the amount of an Assessment was incorrect may apply to the Commission for a refund not later than 60 days after the date on which the person paid the Assessment. NOTE: Blank Assessment Reports referenced are available from the Commission. Statutory/Other Authority: ORS 571.406(3), ORS 571.423, ORS 571.447 & ORS 571.468(4)(b) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 - 571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-010-0050 Penalties ( 1) In addition to the penalties prescribed in ORS 571.501, a Producer or Vertically Integrated Producer who fails to pay any or all of the Assessment by the date in OAR 648-010-0040(2) shall pay the amount of the Assessment due, a penalty of 10 percent of the Assessment due, and one and one-half percent interest per month on any unpaid balance of the Assessment due, except that the Commission may decide to waive the penalty and interest upon showing of Good Cause. (2) The Commission may commence a civil action or utilize any other available legal or equitable remedy to collect an Assessment, interest, or penalty, obtain injunctive relief or obtain specific performance under ORS 571.400 to 571.501. (3) If the Commission obtains a favorable judgment in an action or suit under section (2) of this rule, the court shall award to the Commission costs and reasonable attorney fees. Statutory/Other Authority: ORS 571.406(3), ORS 571.423 & ORS 571.447 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 - 571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-010-0060 Records of Producer Required to Pay Assessment (1) A Producer and Vertically Integrated Producer shall maintain accurate records sufficient to enable the Commission to determine by inspection and audit the accuracy of Assessment Reports and Assessments paid or due to the Commission and of made or due to the Commission. (2) The Commission may inspect and audit the records referred to in section (1) of this rule for the purpose of determining the accuracy of Assessment Reports and Assessments paid or due to the Commission. (3) For purposes of determining the accuracy of Assessment Reports and Assessments paid or due to the Commission, the Commission may issue a subpoena for the production of any books, records or documents related to the Assessment to a Producer or Vertically Integrated Producer required to pay the Assessment. A Producer or Vertically Integrated Producer is delinquent in the payment of an Assessment, the Producer or Vertically Integrated Producer shall pay the cost of the audit, not to exceed an amount equal to the delinquent Assessment. Statutory/Other Authority: ORS 571.406(3), ORS 571.423 & ORS 571.447 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 -571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-010-0070 Dispute Regarding Amount of Assessment A Producer or a Vertically Integrated Producer may file a challenge to an Assessment with the Commission, on a form provided by the State Department of Agriculture, in accordance with OAR Chapter 603, Division 43. Statutory/Other Authority: ORS 571.406(3), ORS 571.423 & ORS 571.447 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 & ORS 571.447 - 571.501 History: HEMP 4-2022, adopt filed 08/15/2022, effective 08/15/2022
648-020-0010 Purpose of Public Records Requests Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Hemp Commission records and to prevent interference with the regular discharge of the commission’s duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 192.311 to ORS 192.478 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-020-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, the manner in which the requester prefers to receive the record(s) and, if requested in paper, the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at hemp-commission@oda.oregon.gov Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 192.311 to ORS 192.478 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 648-020-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 648-020-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 192.311 to ORS 192.478 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-020-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 648-020- 0060. (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 192.311 to ORS 192.478 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form to the commission at the address provided in 648-020- 0020. The form is available from the commission. (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees: $75 per hour; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 192.311 to ORS 192.478 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-030-0010 Definitions For purposes of these Division 30 rules: (1) “Producer” has the meaning given the term “grower” in ORS 571.269, which means a person, joint venture or cooperative that produces industrial hemp. A producer must have produced hemp under a license or registration issued by the State Department of Agriculture for at least three years prior to being appointed as a commissioner. (2) “Handler” has the meaning given that term in ORS 571.269, which means a person, joint venture or cooperative that receives industrial hemp for processing into commodities, products or agricultural hemp seed. "Handler" also has the same meaning as "processor," as that term is defined in ORS 571.400. A handler must have processed hemp under a license or registration issued by the Department for at least three years prior to being appointed as a commissioner, or must be an employee of such a company. (3) "Commission" means the Oregon Hemp Commission. (4) “Department” means the Department of Agriculture of the State of Oregon. (5) “Director” means the Director of the Department. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 571.406(6) & ORS 571.406(7) History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-030-0020 Number of Commissioners; Term Length (1) The Oregon Hemp Commission shall consist of nine commissioners appointed by the Director for a term of four years, or if for a term following a prior term for that person, the term will end four years from the expiration date of any prior term. The terms for the first set of commissioners shall be staggered as follows: three commissioners (Producer 5, Handler 1, and the Public Member) will serve serve two years; three commissioners (Producer 2, Producer 6, and Handler 2) will serve three years; and three commissioners (Producer 4, Producer 3, and Producer 1) will serve four years. (2) The Oregon Hemp Commission shall consist of six producers, two processors, and one public member. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 571.406(6), ORS 571.406(7) & ORS 571.406(8) History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-030-0030 Qualifications of Commissioners Hemp commissioners shall have the following qualifications, which shall continue during the term(s) of office of the commissioner: (1) All commissioners shall be U.S. citizens and Oregon residents; (2) Six commissioners shall be producers. Producer commissioners must have produced hemp under a license or registration issued by the Department for at least three years prior to appointment to the commission; (3) Two commissioners shall be handlers. Handler commissioners must have processed hemp under a license or registration issued by the Department for at least three years prior to appointment to the commission; and (4) One commissioner shall be a member of the public with an active interest in the positive economic development, production or marketing of hemp, but who is not associated with the production or processing of hemp. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 571.406(6) & ORS571.406(7) History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022