justicedao/ipfs_state_laws huggingface dataset:
629-065-0005 Oregon Forest Resources Institute Election Process — Definitions For purposes of OAR 629-065-0005 through 629-065-0410. (1) "Forest products processing activity" means an activity, conducted at a facility that converts raw logs to finished products; (2) "No direct financial interest" means that no more than 10 percent of the gross income of a member of the board of directors is derived from timber or ownership in a timber products processing facility. Ownership in a timber products processing facility does not include the ownership of stock in a publicly held corporation; (3) "OFRI" means the Oregon Forest Resources Institute; (4) "OFRI application list" means the list compiled by the State Forester for the purposes of OAR 629-065-0410 which shows persons recommended for consideration of appointment by the State Forester; (5) "Producer" means a producer of forest products and includes any person, partnership, association, corporation, cooperative or other business entity involved in the growing, harvesting and processing of timber or timber products. 'Producer' does not include landowners who meet the requirements of ORS 526.610. (6) "Producers organization" means a bona fide organization, designated from time to time by the State Forester, that represents producers of timber or timber products, or organizations representing landowners who meet the requirements of ORS 526.610, a majority of whose members reside in Oregon and whose objectives include public policy participation in statewide issues affecting timber and the timber industry in Oregon. A bona fide organization is one which has a charter, by-laws, membership requirements and which conducts meetings on a regular basis. Organizations meeting this definition include: American Forest Resources Council, Oregon Forest Industries Council, Oregon Small Woodlands Association, Associated Oregon Loggers, Southern Oregon Timber Industries Association, Douglas Timber Operators and Western Hardwood Association; (7) "State Forester" means the State Forester or the State Forester's designee; (8) “Substantial portion of income” means that 50 percent or more of the gross income of a member of the board of directors is derived from timber or timber products ownership or affiliation; (9) "Timber" means wood of a tree species acceptable for reforestation under the Forest Practices Act, ORS 527.610 to 527.730, and measured in board feet in the ordinary course of business and common practice of the timber industry. The wood may be growing or dead, mature or immature, standing or down. "Timber" does not include Christmas trees as that term is defined in ORS 215.203 or 321.267; (10) "Timber products" means a commodity which is the result of growing, harvesting or processing timber and is measured in board feet in the ordinary course of business and common practice of the timber industry. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04 FB 7-1996, f. & cert. ef. 10-1-96 FB 3-1993, f. & cert. ef. 2-23-93 FB 6-1991(Temp), f. & cert. ef. 10-4-91
629-065-0200 Duty of the State Forester to Appoint/Remove OFRI Members of the Board (1) It is the duty of the State Forester to appoint fully qualified members to the Oregon Forest Resources Institute Board of Directors as vacancies occur. (2) The members of the board of directors of the Oregon Forest Resources Institute shall be appointed for a term ending three years from the date of the expiration of the term for which the member's predecessor was appointed. If there is a vacancy on the board of a voting member, other than a vacancy caused by expiration of a term, the State Forester shall fill the vacancy for the remainder of the unexpired term with a person who represents the same producer or landowner size class, as described in OAR 629-065-0210(1), as the member whose term was vacated. (3) The State Forester shall immediately declare the office of any member of the board of directors vacant whenever the member becomes a resident of another state or is unable to perform the duties of office. (4) The State Forester may remove any member of the board of directors for neglect of duty or misconduct in office. Prior to such removal the State Forester shall serve upon such member a copy of the reasons for dismissal. Such member may request a public hearing where the member shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer and explain the facts alleged. (5) In making the appointments, the State Forester shall take into consideration any nominations or recommendations made to the State Forester by producers or organizations that represent producers. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04 FB 7-1996, f. & cert. ef. 10-1-96 FB 3-1993, f. & cert. ef. 2-23-93 FB 6-1991(Temp), f. & cert. ef. 10-4-91
629-065-0210 Make Up of Board — Representation The board shall consist of 11 voting members plus two nonvoting members appointed as follows: (1) Three voting members to represent small producers of 20 million board feet or less per year. (2) Three voting members to represent medium producers of more than 20 million board feet but less than 100 million board feet per year. (3) Three voting members to represent large producers of 100 million board feet or more per year. (4) One voting member who is an owner of between 100 and 2,000 acres of forestland and who has no direct financial interest in any forest products processing activity. (5) One voting member who is an hourly wage employee of a producer or a person who represents such employees. The member appointed under this subsection need not comply with the requirements of ORS 526.615(3) to (6). (6) Two nonvoting members: (a) The Dean of the College of Forestry at Oregon State University. (b) An individual jointly appointed by the President of the Senate and the Speaker of the House of Representatives to represent the public. The public representative may not be a member of or significantly affiliated with any organization of or business in the timber industry or any organization or business known to support or promote environmental or conservation issues. A person appointed under this subparagraph serves at the pleasure of the President of the Senate and the Speaker of the House of Representatives. (c) Members referred to in this subsection are not subject to ORS 526.615 to 526.625. Sta. Auth.: ORS 526.041 Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04
629-065-0220 Qualifications Each voting member of the board of directors of the Oregon Forest Resources Institute shall have the following qualifications: (1) Be a citizen of the United States. (2) Be a bona fide resident of this state. (3) Be a producer in this state, an employee of such a producer or own between 100 and 2,000 acres of forestland in this state on which harvest taxes are paid, but have no direct financial interest in any forest products processing activity. (4) Have been actively engaged in producing forest products for a period of at least five years. (5) Derive a substantial proportion of income from the production of forest products. (6) Have demonstrated, through membership in producers' organizations or organizations representing landowners who meet the requirements of ORS 526.610(4), a profound interest in the development of Oregon's forest products industry. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04
629-065-0400 Application for OFRI Board Member (1) The State Forester shall annually solicit applications for the OFRI board of directors. The solicitation shall be by publication in a newspaper of general statewide circulation, by solicitation to the OFRI Board of Directors and by solicitation to those producers' organizations that request the State Forester to provide such notice. (2) The State Forester shall supply applications to all those requesting them. Applications must be submitted during the nomination period specified by the State Forester in the solicitation. (3) The applicant must certify in the application that he/she meets the qualifications for the position, and has a written statement from a bona fide producer's organization confirming membership, a letter of recommendation from a bona fide producer's organization and provides information that demonstrates a profound interest in the development of Oregon's forest products industry. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04 FB 7-1996, f. & cert. ef. 10-1-96 FB 3-1993, f. & cert. ef. 2-23-93 FB 6-1991(Temp), f. & cert. ef. 10-4-91
629-065-0410 Appointment Generally (1) Prior to appointing a member to the OFRI board, the State Forester shall furnish names of all applicants to the State Forester to the current OFRI Board for their review and comment. (2) The State Forester shall appoint the best qualified applications to fill vacant positions with due consideration of comments provided by the current OFRI Board and in consideration of the geographic diversity of Oregon’s forests. (3) Upon appointment, the State Forester shall notify the appointees and other applicants of the results. (4) The State Forester shall within 5 working days of appointments send a certification letter to the Executive Director of OFRI. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 526.610(2)(a) History: DOF 4-2004, f. & cert. ef. 5-4-04
629-160-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the Emergency Fire Cost Committee shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule. (2) By mailing or e-mailing a copy of the notice to persons on the Emergency Fire Cost Committee's mailing list established pursuant to ORS 183.335(8), at least 28 days prior to the effective date of the rule. (3) By e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the rule; and (4) By mailing or e-mailing, or furnishing a copy of the notice to the following persons, organizations, and publications at least 28 days prior to the effective date: (a) Oregon Forest Industries Council; (b) Associated Oregon Loggers; (c) Association of Oregon Counties; (d) Oregon Forest Resource Institute; (e) Oregon Cattlemen's Association; (f) Oregon Farm Bureau Federation; (g) Oregon Sheep Growers Association; (h) Oregon Small Woodlands Association; (i) Oregon State Grange; (j) Clackamas-Marion Forest Protective Association; (k) Coos Forest Protective Association; (l) Douglas Forest Protective Association; (m) East Oregon Forest Protective Association; (n) Eastern Lane Forest Protective Association; (o) Klamath Forest Protective Association; (p) Linn Forest Protective Association; (q) Northwest Oregon Forest Protective Association; (r) Rogue Forest Protective Association; (s) Walker Range Forest Protective Association; (t) Western Lane Forest Protective Association; (u) West Oregon Forest Protective Association; (v) Western Oregon Livestock Association; (w) Governor's Office, Natural Resource Advisor; (x) Legislative Fiscal Office; (y) Oregon Department of Administrative Services (Risk Management & BAM); (z) Oregon Department of Revenue; (aa) The Associated Press; and (bb) The Capitol Press Room. Statutory/Other Authority: ORS 321, 477 & 477.770 Statutes/Other Implemented: ORS 183.335, 183.341, 477.440 - 477.460 & 477.750 - 477.775 History: Renumbered from 629-060-0000 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14 FB 1-1995, f. & cert. ef. 1-12-95 FB 5-1982, f. & ef. 6-16-82
629-160-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Emergency Fire Cost Committee adopts the Attorney General's Model Rules of Procedure, effective January 31, 2012. Statutory/Other Authority: ORS 321, 477 & 477.770 Statutes/Other Implemented: ORS 183.335, 183.341, 477.440 - 477.460 & 477.750 - 477.775 History: Renumbered from 629-060-0005 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14 FB 1-1995, f. & cert. ef. 1-12-95 FB 1-1989, f. & cert. ef. 1-18-89 FB 4-1986, f. & ef. 6-17-86 FB 2-1984, f. & ef. 1-6-84 FB 4-1982, f. & ef. 4-29-82
629-170-0001 Title, Scope and Effective Date (1) OAR 629-170-0001 through 629-170-0040 are known as the Firefighter Criminal Defense Expenditure rules. (2) As provided in ORS 477.128, the scope of this division is limited to firefighters employed by the State Forestry Department or a forest protective association. This division does not apply to firefighting contractors or their employees; employees or members of rangeland protection associations; or other cooperating individuals, companies, agencies or their employees; even if they conducted fire suppression activities under the direction of the forester; except that it may apply to employees of other jurisdictions that are members of the Northwest Wildland Fire Protection Agreement pursuant to ORS 477.200, Article VI. (3) The procedures described in this division shall apply to any circumstance where criminal charges result from fire suppression actions alleged to have occurred on or since January 1, 2012; effective July 1, 2016. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0005 Definitions (1) Terms used in OAR chapter 629, division 170 have the meaning given in ORS 477.001. (2) In addition, as used in this division, (a) “Firefighter” means an employee of the State Forestry Department or of a forest protective association, employed at the time of the alleged incident, whose duties included the abatement of uncontrolled fire as described in ORS 477.064. (b) “Fire suppression activities”, “fire suppression actions” or “fire abatement duties” mean any of the myriad actions carried out as responsibilities of employees of the State Forestry Department or forest protective associations relating to suppressing fire including, but not limited to, attacking fires by building line or spraying water, using fire to burn out control lines or back fire, operating firefighting equipment, directing or planning the attack, operating or directing aircraft, dispatching resources and supporting firefighters logistical needs. (c) “Under the direction and control of the forester” means and includes, in addition to fire suppression activities on lands provided fire protection directly by the State Forester pursuant to ORS 477.210(4) and (5), any firefighter assignments to fire suppression activities authorized by the forester pursuant to agreements with cooperating fire protection jurisdictions authorized under ORS 477.200 or 477.406. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0010 Purpose (1) OAR 629-170-0001 through 629-170-0040 are intended to provide procedures to guide the exercise of authority granted in ORS 477.128 for the State Forestry Department to pay costs and reasonable attorney fees for defense of a firefighter charged with a crime resulting from actions or omissions occurring in the course of fire abatement duties. (2) Moreover, these rules and ORS 477.128 are intended to demonstrate to agency and association personnel that, if they make a dedicated effort to train and gain the critical experience required to be placed in positions of authority for fire suppression activities, and carry out their responsibilities in a conscientious manner, the department will support and assist in defending them. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0015 Request for Reimbursement of Defense Costs (1) Prior to any consideration by the State Forester to authorize expenditures under ORS 477.128, at the earliest practicable time after the firefighter reasonably suspects or has been informed of criminal charges being sought against the firefighter, the firefighter must make a written request to the State Forester. (2) The request in section (1) above must: (a) Seek a determination by the State Forester as to the eligibility of the firefighter for expenditures related to costs and reasonable attorney fees to defend against criminal charges in a specific instance; and (b) Provide a description of the events leading to the possibility of criminal prosecution with sufficient specificity to allow the State Forester to initiate an investigation of those events. (3) The request required by this rule is not intended to require the firefighter to provide information of a nature that would be construed to violate the firefighter’s right to avoid self-incrimination guaranteed under the Constitutions of the State of Oregon or the United States. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0020 State Forester’s Investigation (1) Upon receipt of a request pursuant to OAR 629-170-0015, the State Forester may initiate an investigation into the events and circumstances leading to criminal charges against a firefighter. (2) The State Forester’s investigation must be focused on answering the following questions: (a) At the time of the alleged actions underlying the charge, was the firefighter performing fire suppression activities under the direction and control of the forester? (b) Did the alleged actions underlying the charge actually occur, and if so, were they directly related to the firefighter’s duties or performance of fire suppression activities? (c) Were the alleged actions of the firefighter within the range of reasonable fire suppression actions? (3) The State Forester may include in the investigation evidence from any credible source including, but not limited to, evidence gathered by other investigating entities. The State Forester has the sole responsibility to determine the validity and weight to be given any and all evidence. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0025 Determination of Eligibility for Reimbursement (1) If the State Forester finds affirmative answers to the questions in OAR 629-170-0020(2)(a) and (c); and relative to (2)(b) finds that the underlying actions leading to charges did not actually occur as charged, or finds that they did actually occur but were directly and appropriately related to the firefighter’s performance of fire suppression activities, the State Forester may authorize expenditures as provided in ORS 477.128. (2) The State Forester shall strive to make a determination under this rule in as timely a fashion as possible to aid the firefighter in responding to the charges. (3) Notwithstanding ORS 183.480, the firefighter has no right to a hearing or appeal of the State Forester’s determination under this rule, as specified in ORS 477.128(3). Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0030 Funding Prior to authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester must determine the source of funding to be used and the amount that may be available for such expenditures. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0035 Written Agreement; Terms of Reimbursement (1) As a condition of authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester may request the firefighter, the firefighter’s legal counsel or both, enter into a written agreement with the State Forester to establish the terms under which expenditures will be made that may include, but are not limited to: (a) Designation of a department employee to act as the main point of contact in carrying out the terms of the agreement; (b) Limits on the funds to be made available by the State Forester; (c) Documentation that may be required to support expenditures and ensure appropriate fiscal procedures; (d) Timing of expenditures; (e) Means of recovering funds paid out upon a determination that the employee misrepresented any material facts in the course of making the request for reimbursement required by OAR 629-170-0015, the State Forester’s investigation, or at trial; and (f) Clauses to protect the State of Oregon from any additional liabilities that might arise as a result of these actions. (2) Upon final determination by the State Forester to authorize expenditures under ORS 477.128 and enter into an agreement described in this rule, the firefighter’s cost, if any, of development or legal review of the agreement may be included in the expenditures authorized by the State Forester. (3) The State Forester may consult with legal counsel from the Department of Justice with regard to the form and content of the agreement described in this rule, provided that no information directly related to the facts of the criminal case be revealed. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-170-0040 Special Case If the firefighter seeking reimbursement of legal costs under this division is the State Forester, all authorities and responsibilities of the State Forester under ORS 477.128 and this division must be delegated to a management service employee of the department, knowledgeable in firefighting organization, tactics and procedures, to be carried out under the supervision of an ad hoc committee of the Board of Forestry. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 477.128 History: DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16
629-600-0050 Forest Practice Rules OAR chapter 629, divisions 600 through 680 are known as the forest practice rules. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.715 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13