justicedao/ipfs_state_laws huggingface dataset:
646-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 646-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Salmon Commission shall provide to a non-qualified member of the Oregon Salmon 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 646-040-0140, the Oregon Salmon Commission shall provide to a non-qualified member of the Oregon Salmon 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 Salmon Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Salmon Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OSC 1-2022, adopt filed 01/24/2022, effective 01/26/2022 OSC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 03/14/2022
646-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Salmon Commission no later than the 15th day of the calendar month following the end of the quarter for which the member seeks compensation. For example, a claim for compensation for July 1 – September 30 must be submitted by October 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 292.495 & ORS 576.265 History: OSC 1-2022, adopt filed 01/24/2022, effective 01/26/2022 OSC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 03/14/2022
646-040-0140 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 Salmon Commission by the 15th day of the calendar month following the end of the quarter for which the member seeks expense reimbursement. For example, claims for reimbursement for expenses incurred July 1 – September 30 must be submitted by October 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 $100.00 must be authorized by the Oregon Salmon Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OSC 1-2022, adopt filed 01/24/2022, effective 01/26/2022 OSC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 03/14/2022
647-001-0000 Notice Rule for Rulemaking Prior to adoption, amendment or repeal of any rule the Oregon Processed Vegetable Commission shall give notice of the intended action: (1) 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 mailing a copy of the notice to persons on the Oregon Processed Vegetable Commission mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; and (3) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) The Capital Press; and (c) Capitol Press Room. Statutory/Other Authority: ORS 576.325 - 576.575 Statutes/Other Implemented: ORS 183.341(4) History: PVC 1-1995, f. & cert. ef. 2-23-95
647-010-0005 Definitions (1) “Person” means any individual, corporation, association, partnership or joint stock company. (2) “Commission” means the Oregon Processed Vegetable Commission. (3) “First Purchaser” means any person who buys any of the named vegetable crops from the producer in the first instance, or handler who receives the vegetables in the first instance from the producer for resale for processing. (4) “Producer” means a person or other legal entity producing the named vegetable crops in Oregon for processing, whether as a landowner, landlord, tenant, sharecropper or otherwise. (5) “Handler” means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in any of the named vegetable crops, whether as owner, agent, employee, broker or otherwise. (6)(a) Vegetables as described under the Oregon Processed Vegetable Commission include the following species: (A) Beans, Phaseolus vulgaris L (including green, wax and romano, but not dry beans); (B) Sweet Corn, Zea May L (or other types of corn processed for human consumption); (C) Table Beet, Beta Vulgaris L; (D) Carrot, Daucus carota L; (E) Broccoli, Brassica Boleracea L Italica group; (F) Cauliflower, Boleraces L Botrytis group. (b) Each of these vegetable crops sold through commercial channels (ORS 576.051) to processors are to be included. In this instance, processed means any form of the above named crops used for canning, freezing, drying, dehydrating or pickling. These and other vegetable crops marketed fresh are excluded. Statutory/Other Authority: ORS 576 History: PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-010-0010 Assessments (1) Any first purchaser for all purchases made on or after May 1, 2025, shall deduct and withhold an assessment of 0.5 percent of the net or gross value of the raw product of the following crops; (a) Beans – price per ton based on the net weight of the beans delivered, (b) Sweet Corn – price per ton based on the gross weight of the sweet corn delivered, (c) Table Beets – price per ton based on the net weight of the table beets delivered, (d) Carrots – price per ton based on the net weight of the carrots delivered, (e) Broccoli – price per ton based on the net weight of the broccoli delivered, and (f) Cauliflower – price per ton based on the net weight of the cauliflower delivered. (2) From the price paid to the producer thereof, after May 1, 2025 for all of the above named vegetables for processing and grown in Oregon. (3) P urchasers will use an estimated average of the state price, which will be set by the Commission prior to June 1st each year. Statutory/Other Authority: ORS 576.304 & ORS 576.325 Statutes/Other Implemented: ORS 576.304 & ORS 576.325 History: OPVC 1-2025, amend filed 09/09/2025, effective 09/09/2025 OPVC 1-2024, amend filed 06/18/2024, effective 07/01/2024 OPVC 1-2023, amend filed 06/08/2023, effective 07/01/2023 OPVC 1-2022, amend filed 04/28/2022, effective 07/01/2022 OPVC 1-2021, amend filed 04/30/2021, effective 07/01/2021 OPVC 1-2020, amend filed 04/24/2020, effective 07/01/2020 OPVC 1-2019, amend filed 05/03/2019, effective 07/01/2019 OPVC 1-2018, amend filed 05/23/2018, effective 07/01/2018 OPVC 1-2017, f. & cert. ef. 4-25-17 OPVC 1-2016, f. 5-10-16, cert. ef. 7-1-16 OPVC 1-2015, f. 5-15-15, cert. ef. 7-1-15 OPVC 1-2014, f. & cert. ef. 5-5-14 OPVC 1-2013, f. & cert. ef. 5-10-13 OPVC 1-2012, f. 5-14-12, cert. ef. 7-1-12 OPVC 1-2011, f. 5-3-11, cert. ef. 7-1-11 OPVC 1-2010, f. 4-26-10, cert. ef. 7-1-10 OPVC 1-2009, f. 5-14-09, cert. ef. 7-1-09 OPVC 2-2008, f. 5-2-08, cert. ef. 6-1-08 OPVC 1-2007, f. 5-14-07, cert. ef. 6-1-07 OPVC 1-2006, f. 5-9-06, cert. ef. 6-1-06 OPVC 1-2005, f. 5-13-05, cert. ef. 6-1-05 OPVC 2-2004, f. 5-11-04, cert. ef. 6-1-04 OPVC 1-2003, f. 5-8-03, cert. ef. 6-1-03 OPVC 1-2002, f. 4-26-02, cert. ef. 6-1-02 OPVC 2-2001, f. 5-15-01, cert. ef. 6-1-01 OPVC 1-2000, f. 5-2-00, cert. ef. 6-1-00 OPVC 2-1999, f. 4-26-99, cert. ef. 6-1-99 OPVC 1-1998, f. 5-28-98, cert. ef. 6-1-98 PVC 1-1997, f. 5-6-97, cert. ef. 6-1-97 PVC 1-1996, f. 5-14-96, cert. ef. 1-1-96 PVC 2-1995, f. 5-24-95, cert. ef. 6-1-95 PVC 1-1994, f. 4-22-94, cert. ef. 6-21-94 PVC 1-1993, f. 4-28-93, cert. ef. 6-21-93 PVC 1-1992, f. 4-15-92, cert. ef. 6-1-92 PVC 1-1991, f. 5-7-91, cert. ef. 6-1-91 PVC 1-1990, f. 4-24-90, cert. ef. 6-1-90 PVC 1-1989, f. 5-4-89, cert. ef. 6-1-89 PVC 1-1988, f. 4-22-88, cert. ef. 6-1-88 PVC 2-1987, f. & ef. 6-16-87 PVC 1-1986, f. 5-30-86, ef. 6-1-86 PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-010-0015 Reports and Payment of Assessment Moneys Except as otherwise exempt or provided by regulation, a first purchaser or handler shall forward to the Commission so that the forms are postmarked on or before December 31st of each year on all delivered product of all commodities or within 15 days after delivery on late harvested carrots or cauliflower after the December 31 date completed and signed Commission approved forms covering all purchases of the above named vegetables for processing made by him immediately preceding the reporting dates. "Reporting Period," for purpose of this section means: December 31st of each year or within 15 days after delivery on late harvested carrots or cauliflower. Statutory/Other Authority: ORS 576 History: OPVC 2-2001, f. 5-15-01, cert. ef. 6-1-01 PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-010-0020 Penalties Penalty for delaying transmittal of assessment moneys (ORS 576.355) "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment." Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OPVC 1-2004, f. 1-15-04 cert. ef. 1-16-04 PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 647-010-0010(1) — Assessments, or the reports required under OAR 647-010-0015 — Reports and Payment of Assessment Moneys, applies to and covers any purchases by him or delivery on or after July 25, 1985, of the above named vegetables for processing and grown in Oregon. Statutory/Other Authority: ORS 576 History: PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-015-0010 Number of Commissioners, Terms The Oregon Processed Vegetable Commission will consist of seven commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OPVC 3-2025, amend filed 11/26/2025, effective 11/26/2025 OPVC 2-2020, amend filed 04/24/2020, effective 07/01/2020 OPVC 1-2018, amend filed 05/23/2018, effective 07/01/2018 OPVC 2-2017, f. & cert. ef. 4-25-17 OPVC 1-2004, f. 1-15-04 cert. ef. 1-16-04
647-015-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) "Producer" means a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the Commission assessment, if any, each of the preceding three calendar years. (c) "Commission" means the Oregon Processed Vegetable Commission. (2) Members of the Commission will have the following qualifications, which will continue during the term of office of the member: (a) No more than one member of the Commission will be a member of the public with an active interest in the positive economic development, production and marketing of the commodity, but who is not associated with the production or handling of the six processed vegetables subject to the Commission assessment; (b) A majority of the Commission members will be producers; (c) No more than two Commission members will be a handler; (d) All Commission members who are not a handler or the public member will be producers. (3) Commission members who are producers will be appointed based on the commodity or commodities they produce with an effort made to have at least one commissioner represent each commodity that is subject to the commission assessment. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OPVC 3-2020, amend filed 04/24/2020, effective 07/01/2020 OPVC 1-2004, f. 1-15-04 cert. ef. 1-16-04
647-015-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office and declare the position vacant for cause, including, but not limited to, the following reasons: (1) Two unexcused absences, or other neglect of duty in office; (2) Use of the Commission appointment for financial gain or to avoid financial detriment; (3) Unauthorized use or disclosure of confidential information; (4) Conduct in violation of Oregon government standards and practices laws; (5) Misappropriation or misuse of commission funds; (6) Failure to satisfy one or more qualifications for appointment. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OPVC 1-2004, f. 1-15-04 cert. ef. 1-16-04
647-020-0010 Purpose of Public Records Request 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 Processed Vegetable Commission records and to prevent interference with the regular discharge of the commission 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. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OPVC 2-2019, adopt filed 05/03/2019, effective 07/01/2019
647-020-0020 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, and 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 9320 SW Barbur Blvd, Suite 130, Portland, OR 97219. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OPVC 2-2019, adopt filed 05/03/2019, effective 07/01/2019
647-020-0040 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 647-020-0050, 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 647-020-0060, 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(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OPVC 2-2019, adopt filed 05/03/2019, effective 07/01/2019
647-020-0050 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 647-020-0060. (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(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OPVC 2-2019, adopt filed 05/03/2019, effective 07/01/2019
647-020-0060 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 available from the commission to the commission at the address provided in 647-020-020. (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; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OPVC 2-2019, adopt filed 05/03/2019, effective 07/01/2019
647-040-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Processed Vegetable Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Processed Vegetable Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Processed Vegetable Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Processed Vegetable Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Processed Vegetable Commission, either at the request of the chair of the Oregon Processed Vegetable Commission or as authorized in advance by a vote of the Oregon Processed Vegetable Commission; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Processed Vegetable Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Processed Vegetable Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Processed Vegetable Commission member, employee, or contractor; or (f) Alcoholic beverages. 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