justicedao/ipfs_state_laws huggingface dataset:
731-070-0200 Negotiation of Agreements for Transportation Projects (1) The Director will refer a proposal selected for negotiation of a final agreement to a working group. The working group is responsible for negotiating the final agreement with the proposer. Each final agreement will define the rights and obligations of ODOT and the respective proposer with regard to the Transportation Project. The final agreement must include provisions specifying at least the following: (a) At what point in the Transportation Project public and private sector partners will enter the Project and which partners will assume responsibility for specific Project elements; (b) How the partners will share management of the risks of the Project; (c) How the partners will share the costs of development of the Project; (d) How the partners will allocate financial responsibility for cost overruns; (e) The penalties for nonperformance; (f) The incentives for performance; (g) The invoicing and payment procedures and schedules to be followed, and the accounting and auditing standards to be used to evaluate work on the Project; and (h) Whether the Project is consistent with the plan developed by the Oregon Transportation Commission under ORS 184.618 and any applicable regional transportation plans or local transportation programs and, if not consistent, how and when the Project will become consistent with applicable plans and programs. (2) If public moneys are used to pay any costs of construction of public works that is part of a Transportation Project, the construction contract shall contain provisions that require payment of workers under the contract in accordance with ORS 279C.520 and 279C.800 to 279C.870. (3) An agreement for the construction of a public improvement as part of a Transportation Project shall approved for bonding, financial guarantees, deposits or the posting of other security to secure the payment of laborers, subcontractors and suppliers who perform work or provide materials as part of the Project. (4) The working group shall consider whether to implement procedures to promote competition among subcontractors for any subcontracts to be let in connection with the Transportation Project. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0210 ODOT Objection to Subcontractors (1) Prior to the execution of any contract with a proposer, the proposer must provide ODOT a list of all Major Subcontractors identified in its proposal who will perform work in the construction, operation or maintenance of the Project. All subcontractors must be legally eligible to perform or work on public contracts under federal and Oregon law and regulations. Subcontractors who are ineligible to receive public works contracts under ORS 279C.860 are not eligible to receive contracts on OIPP projects. During performance of the contract, the proposer shall promptly notify ODOT of the engagement or disengagement of any Major Subcontractor. If ODOT has reasonable objection to any proposed subcontractor, ODOT may require, before the execution of a contract, an apparently successful proposer to submit an acceptable substitute, as determined by ODOT. (2) The resulting contract may be modified at ODOT's discretion to equitably account for any difference in cost resulting from the substitution. An apparently successful proposer has 14 calendar days from the date of ODOT's written demand for substitution in which to make an acceptable substitution. An apparently successful proposer's failure to make an acceptable substitution at the end of the 14-calendar day period constitutes sufficient grounds for ODOT to refuse to execute a contract without incurring any liability for the refusal. (3) If the apparently successful proposer identified a Major Subcontractor in its proposal as an equity contributor to the Project, or the Major Subcontractor had committed other financial support relied on by the proposer, the apparently successful proposer shall be granted 60 business days to identify an acceptable substitute Major Subcontractor. Following identification of the Major Subcontractor, the apparently successful proposer shall be granted an additional 30 business days to conclude negotiations of acceptable terms and conditions with that substitute Major Subcontractor. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0220 Legal Sufficiency Review of Final Agreement On completion of a final agreement, the Attorney General will review it for legal sufficiency under ORS 291.047 and OAR chapter 137, division 045. When conducting that review, the Attorney General shall: (1) Recognize that the agreement is the product of a partnership; and (2) Defer to the business judgment of the Department and the Oregon Transportation Commission concerning the assignment of risks and the incentives provided within the agreement. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0230 Commission Review of Final Agreement On completion of the Attorney General’s legal sufficiency review of the final agreement, the Commission shall: (1) Approve the final agreement; (2) Reject the final agreement; or (3) Return the final agreement to the working group for further negotiation on issues the Commission specifies. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0280 Public Records Requests (1) Upon written request and within a reasonable time, the Director will provide records relating to Transportation Project proposals for inspection in accordance with ORS Chapter 192, ORS 367.804, and OAR 731-001-0025. (2) ODOT may charge fees to cover its reasonable and actual costs in responding to public records requests. Such costs may include but are not limited to costs associated with locating records, separating exempt from nonexempt records, monitoring the requester’s inspection of requested records, copying records and delivering copies of requested records. In accordance with OAR 731-001-0025, ODOT may charge fees calculated to reimburse it for its reasonable and actual costs as authorized by the relevant provisions of the Public Records Law. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0290 Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets (1) The following procedure shall be followed by proposers to designate information as “sensitive business, commercial or financial information” under ORS 367.804(6): each individual page of a proposal that contains sensitive business, commercial or financial information must be clearly marked “Sensitive Business, Commercial or Financial Information.” (2) If a proposer considers certain information "trade secret" information for purposes of the public records exemption from disclosure set out in ORS 192.345 (2), the proposer must clearly mark each individual page of a plan or progress report that contains trade secret information as “Trade Secret.” Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0295 Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation As part of its evaluation of a proposal submitted under these rules, ODOT will consult with appropriate local governments, metropolitan planning organizations and area commissions on transportation. Consultation under this rule will occur in such manner and at such time as ODOT considers appropriate in the particular circumstance. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-070-0300 ODOT Rights Reserved (1) ODOT reserves all rights available to it by law in administering these rules, including without limitation, the right in its sole discretion to: (a) Prioritize proposals to be reviewed and determine the order of review. (b) Reject any proposal at any time. (c) Terminate evaluation of any proposal at any time. (d) Suspend, discontinue, or terminate agreement negotiations with any proposer at any time prior to the actual authorized execution of such agreement by all parties. (e) Negotiate with a proposer without being bound by any provision in its proposal. (f) Extend any deadline or time within which a proposer or ODOT must take any action required or permitted under OAR chapter 731, division 70 (g) Request or obtain additional information about any proposals. (h) Issue addenda to or cancel any Request For Proposals. (i) Decline to return any fees required to be paid by proposers hereunder. (j) Request revisions to proposals. (2) Except as otherwise provided for in a solicitation of proposals or in an order pertaining to an unsolicited proposal, neither the state, the Oregon Transportation Commission or ODOT is liable for, or obligated to reimburse the costs incurred by proposers in developing proposals or in negotiating agreements. In its sole discretion, ODOT may, in a solicitation of proposals or in an order, provide for the possibility of payment for work product developed by a proposer in the course of developing a proposal. (3) Any information ODOT makes available to proposers is as a convenience to the proposer and without representation or warranty of any kind. Proposers may not rely upon any oral responses to inquiries. If a proposer has a question regarding application of these rules, the proposer may submit the question in writing to the Director. Statutory/Other Authority: ORS 184.619 & 367.824 Statutes/Other Implemented: ORS 367.800 - 367.824 History: DOT 5-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2009, f. & cert. ef. 12-22-09 DOT 5-2004, f. & cert. ef. 8-26-04
731-090-0010 Confidentiality (1) An Account Manager may not disclose Personally Identifiable Information (PII) used or developed for reporting metered use by a subject vehicle or for administration services related to the collection of Road Usage Charges to any person except as allowed by ORS 319.915(3). An ODOT Account Manager may not disclose PII without written approval of the Department. (2) If the RUC Payer declines to give express approval for disclosure of PII to an entity, such an act must not invalidate any Road Usage Charge service agreement existing between the Account Manager and the RUC Payer. (3) Not later than 30 days after completion of payment processing, dispute resolution for a single payment period or a noncompliance investigation, whichever is latest, the Account Manager shall destroy records of location and daily metered use of subject vehicles. (a) A Commercial Account Manager may retain and use records of location and daily metered use of subject vehicles if the RUC Payer consents to the retention and use. (b) If the RUC Payer files for a refund under ORS 319.280, records of location and daily metered use of subject vehicles will be destroyed 30 days after check issuance, dispute resolution for a single reporting period, or a noncompliance investigation, whichever is latest. (4) An Account Manager may retain, aggregate and use, for the purposes of traffic management and research, records of the location and daily metered use of subject vehicles after removing Personally Identifiable Information. (5) Upon request of the RUC Payer, an Account Manager and its contractor shall provide the RUC Payer the following rights regarding Personally Identifiable Information (PII): (a) The right to inquire about the nature, accuracy, status and use of the RUC Payer’s PII; (b) The right to examine the RUC Payer’s PII or a reasonable facsimile of the RUC Payer’s PII; (c) The right to request corrections of the RUC Payer’s PII should the RUC Payer provide reasonable evidence that the RUC Payer’s PII has errors or has changed; (d) The right to delete the location and daily metered use data that has not been destroyed within the required period of time, as per ORS 319.915 (4); and (e) An Account Manager, and its contractor, shall respond to all such requests within five (5) business days of receipt of the request. Statutory/Other Authority: ORS 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 2-2019, amend filed 10/22/2019, effective 01/01/2020 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0020 RUC Payer: Enrolling in the Program (1) For a vehicle to be eligible for participation in the Road Usage Charge Program, the registered owner or lessee of the passenger vehicle must: (a) Have the vehicle registered, in accordance with OAR 735-022-0000, in Oregon; (b) The vehicle must meet the definition of passenger vehicle as found in OAR 735-030-0015 (1); (c) The subject vehicle has a combined rating of at least 20 miles per gallon; (d) Select a Mileage Reporting Option and an Account Manager from options certified by the Department; (e) Complete an application with the Account Manager, on a form approved by the Department; and (f) Equip or activate a Mileage Reporting Option within the vehicle. (2) The registered owner or lessee of the motor vehicle must provide a minimum of the following information for the subject vehicle to the Account Manager: (a) Vehicle identification number; (b) Registration plate number; and (c) Vehicle make, model and year. (3) The Department may determine certain passenger vehicles are ineligible for the Program if: (a) The subject vehicle has a combined rating of less than 20 miles per gallon; or (b) The vehicle does not have the capability to functionally accommodate a certified Mileage Reporting Option. (4) RUC Payers who are dissatisfied with the reporting or payment requirements of their selected Account Manager may un-enroll from the Program and re-enroll in the Program with another Account Manager. Reenrollment is contingent upon the RUC Payer being in good standing with the previous Account Manager. (5) At the discretion of the Department, the Department may issue emblems to selected RUC Payers who have use fuel vehicles, as defined in ORS 319.520 (7) enrolled in the Program, with the permission or at the request of the RUC Payer. (6) At the discretion of the Department or the Account Manager, a RUC Payer may be unenrolled from the Program for Non-Compliance. (7) Electric Vehicles and vehicles with a combined MPG rating of 40 miles per gallon, or greater, that enroll in the Program will be exempted from paying additional registration fees under ORS 803.422, at the time of vehicle registration or renewal of registration. (8) If the eligible vehicle is un-enrolled from the Program, or is removed from the Program for non-compliance, the entity the vehicle is registered to will be responsible for paying all additional registration fees under ORS 803.422 for the current registration period. Statutory/Other Authority: ORS 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 2-2019, amend filed 10/22/2019, effective 01/01/2020 DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0030 RUC Payer: Mileage Calculation (1) The Account Managers shall collect road usage data by options approved and certified by the Department. The Department may authorize the following options for collecting road usage data: (a) Mileage reporting that uses vehicle location capability; or (b) Mileage reporting that does not use vehicle location capability; or (c) Mileage reporting that alternates between location and non-location based functionality at the RUC Payer’s direction or discretion. (d) Other technologies that collect and report road usage data. (2) For any subject vehicle that incurs more than 10 null mileage days in a calendar year, the RUC Payer may be assessed a Road Usage Charge for any null mileage days. The null mileage day calculation process is determined by the agreement between the RUC Payer and the Account Manager. (3) For any Road Usage Charge assessed for null mileage days, the RUC Payer may request abatement of part or all of the assessment and submit information supporting the request to the Account Manager. (4) Gaps in RUC Payer data reporting will be reviewed by the Department. How to resolve and account for gaps in RUC Payer data reporting will be determined in contractual documents between the Department and the Account Managers. (5) Tax liability begins on the day the Mileage Reporting Option is activated in the vehicle for the purposes of collecting the Road Usage Charge. Tax liability ends on the day the RUC Payer informs the RUC Payer’s Account Manager, in the manner prescribed by the Account Manager, that the RUC Payer wants to leave the program. (6) RUC Payer information supplied to the Department by the Account Manager may be reviewed by the Department. If the Department finds that Road Usage Charge or fuels tax credits were incorrectly or insufficiently calculated, the Department may adjust the account, which will result in an invoice or a credit. RUC Payers are expected to pay invoices resulting from a Departmental review within 30 days, or the Department may assess interest at the rate of 1 percent per month as well as a 10 percent late penalty fee for delinquent payments. Statutory/Other Authority: ORS 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 2-2019, amend filed 10/22/2019, effective 01/01/2020 DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0040 RUC Payer: Reporting and Payment (1) All RUC Payers, or the Account Manager that reports on their behalf, must report and pay the Road Usage Charge for their subject vehicles. (2) All RUC Payers must report all miles subject to the Road Usage Charge during a Metered Use Reporting Period to their Account Manager. The Mileage Reporting Option must be configured to report metered use at least once a month. (3) RUC Payers who have paid Oregon fuels tax will receive a credit to be applied against their Road Usage Charge. (a) The Account Manager will use the Combined Fuel Economy Rating for the vehicle as determined by the manufacturer’s Vehicle Identification Number, or other reliable information available to the Department. (b) Electric Vehicles will not receive a fuels tax credit. (4) If the RUC Payer is an emblemed use fuel user with the Department’s Fuels Tax Group, then the Department will assume that the RUC Payer is fueling only with tax-exempt fuel, and is therefore not entitled to a fuels tax credit to be applied against the RUC Payer’s road usage charge. (5) The following will apply to RUC Payers who select the Department or the ODOT Account Manager for reporting their miles traveled and paying their Road Usage Charges: (a) The ODOT Account Manager or the Department will invoice the Net Road Usage Charge once the account threshold has exceeded 20 dollars, and the calendar quarter end has been reached. (b) The Department will assess interest at the rate of 1 percent per month as well as a 10 percent late penalty fee for delinquent payments. Delinquency is defined as 45 days past the due date. This penalty may be waived at the discretion of the Department. (6) The following will apply to RUC Payers who select a Commercial Account Manager for reporting their miles and paying their Road Usage Charges: (a) The Commercial Account Manager will invoice the Net Road Usage Charge per its agreement with the RUC Payer. (b) The Commercial Account Manager shall assess penalties and interest for delinquent payments as established in its agreement with the RUC Payer. (c) The Commercial Account Manager may remove the RUC Payer from the Program for non-compliance. (7) Electric vehicles and those with a combined rating of 40 miles per gallon or higher that do not report at least once a month, or are otherwise removed from the Program by the Account Manager for Non-Compliance, will be removed from the Program and will have to pay all applicable registration fees for the current registration period according to ORS 803.422. Statutory/Other Authority: ORS 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 2-2019, amend filed 10/22/2019, effective 01/01/2020 DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0050 RUC Payer: Exiting the Program (1) RUC Payers who are exiting the Program must inform their Account Manager of their service cancellation in a manner prescribed by that Account Manager. (2) RUC Payers must pay any outstanding Road Usage Charge fees upon their exit from the program. (3) RUC Payers enrolled with the ODOT Account Manager must return their Mileage Reporting Device. (4)The Department may remove a RUC Payer from the Program for failure to pay the Road Usage Charge, or for fraud or tampering, as described in ORS 815.555. Statutory/Other Authority: ORS 184.616, 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0060 RUC Payer: Fraud RUC Payers who are suspected of tampering with their Mileage Reporting Device will be subjected to a non-compliance investigation by the Department, and depending on the results of the investigation, may be subject to a penalty of 10 percent of delinquent payments in addition to actual damages and a Class A traffic violation. Statutory/Other Authority: ORS 184.616, 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.915 History: DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15