justicedao/ipfs_state_laws huggingface dataset:
160-050-0180 Oregon Farm Products Central Filing System (1) Oregon Farm Products Central Filing System is a statewide filing system that permits the registering of a security interest in farm products by filing an effective financing statement (EFS) with the Office of the Secretary of State. (2) Within the context of the Oregon Farm Products Central Filing System, farm products means an agricultural commodity including but not limited to wheat, corn, soybeans, or a species of fish or livestock such as cattle, hogs, sheep, horses, or poultry used or produced in farming operations, or a product of such crop, fish or livestock in its unmanufactured state, including but not limited to wool clip, milk and eggs, that is in the possession of a person engaged in farming operations. (3) In Oregon, the effective financing statement does not create a security interest in the farm products. It is not the same as a financing statement or security agreement filed under the Uniform Commercial Code laws. The effective financing statement is a document that meets the requirements of Section 1324 of Public Law 99-198. (4) The secured party must submit a UCC filing under ORS Chapter 79 to perfect a security interest in farm products. Statutory/Other Authority: ORS 79.6020(4), 79.6020(5) & 79.6030 Statutes/Other Implemented: ORS 79.6030 History: CORP 1-2008, f. & cert. ef. 1-15-08 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0010 SOS 24-1987, f. 11-5-87, ef. 11-15-87 SOS 11-1987, f. 7-9-87, ef. 8-1-87 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0190 Definitions and Abbreviations (1) Where terms used in this rule are not explicitly or completely defined in ORS 80.100 or herein, definitions and usage of terms from the references are applicable. (2) "EFS": An effective financing statement relating to farm products. (3) "Debtor": For purposes of this rule, the term "debtor" shall mean any person subjecting farm products to security interests, even if such person does not owe a debt to the secured party but is subjecting farm products to a security interest for the debt of another. Statutory/Other Authority: ORS 79.6020 - 79.7010 Statutes/Other Implemented: ORS 79.6030 History: CORP 1-2008, f. & cert. ef. 1-15-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0020 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0210 Amendment, Continuation, Assignment and Lapse of EFS (1) An EFS may be amended, assigned, continued or lapsed by the secured party of record. An amendment, assignment, continuation or lapse must be filed on a form prescribed and approved by the Secretary of State. The form shall be designated "Form EFS-3." (2) The EFS-3 must include the document number assigned by the Secretary of State to the original effective financing statement. (3) The EFS-3 shall include the full and current information for the filing for all the elements listed in 160-050-0200(2). (4) After January 1, 2012, the amendment of an EFS supersedes the current registration of the effective financing statement, but does not serve as a continuation of the registration, unless its effectiveness is extended as provided in 160-050-0210(8). (5) A Secured Party must sign, authorize or otherwise authenticate an EFS-3 that declares the lapse of an EFS. (6) Unless the Debtor has executed a security agreement granting a security interest in the farm products to the secured party, the Debtor must sign, authorize or otherwise authenticate the EFS-3. (7) For the purposes of uniformity, "lapse" will be considered synonymous with "termination" under ORS 79.0513 and this chapter. The EFS-3 form may refer to a "termination," instead of a "lapse." (8) The EFS remains effective for a period of five years from the date of filing. Its effectiveness may be extended by an additional five years by filing a continuation statement within six months before the expiration of the current five-year period. (9) Under the conditions described in ORS 80.115(4), if there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value under the security interest, the secured party should file a statement of termination or lapse. (10) Upon the expiration of the effective period of an EFS, the EFS lapses, unless effectively extended pursuant to ORS 80.115 and OAR 160-050-0210. Statutory/Other Authority: ORS 80.106 & 80.11 Statutes/Other Implemented: ORS 80.115 History: CORP 3-2012, f. & cert. ef. 3-1-12 CORP 1-2008, f. & cert. ef. 1-15-08 CORP 2-2006, f. & cert. ef. 2-6-06 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0040 SOS 11-1987, f. 7-9-87, ef. 8-1-87 SOS 7-1987(Temp), f. & ef. 5-13-87 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0215 Filing fees (1) The fee for filing a Form EFS-1 is $15 for the first debtor name. Additional debtors may be added at no charge. The filing fee is required to be submitted with the EFS. (2) If the Form EFS-3 is not accompanied by the filing fee, it will be rejected; (3) The filing fees of Form EFS-3 transactions are set out in paragraphs (a) through (d) of this subsection as follows: (a) Amendments: The filing fee for an amendment is $15 for the first debtor name. Additional debtors may be added at no charge. (b) Assignment: The filing fee for an assignment is $15 for the first debtor name. Additional debtors may be added at no charge. (c) Continuation: The filing fee for a continuation is $15 for the first debtor name. Additional debtors may be added at no charge. (d) Termination: There is no filing fee for filing a termination/lapse statement. Statutory/Other Authority: ORS 80.106 & 80.115 Statutes/Other Implemented: ORS 80.115 History: CORP 5-2010, f. 3-24-10, cert. ef. 4-2-10 CORP 3-2010(Temp), f. 2-3-10, cert. ef. 2-27-10 thru 8-26-10 CORP 1-2008, f. & cert. ef. 1-15-08
160-050-0230 Master List and Portions of Master List (1) The master list shall contain all the information submitted on EFSs filed in the Secretary of State's Office. It contains the name and address of the debtor, name and address of secured party, farm product code, farm product name, description of farm product, description of location, amount of farm product, crop year, county, date of filing, time of filing, and EFS file number. This information shall be compiled and entered into a computerized record for farm products in the system. (2) The Secretary of State shall produce a monthly master list. The master list may be organized alphabetically by debtor name and farm product, and shall be made available for all counties and crop years. (3) Portions of the master list may be provided by an online search engine. Registrants may enter the debtor name and receive all the data from EFSs filed on that individual. (4) After data entry is complete at the end of the month, the master list will be available online. It will include all filings as of the last business day of the month. Statutory/Other Authority: ORS 79.6070 Statutes/Other Implemented: ORS 79.6070 History: CORP 1-2011, f. & cert. ef. 9-22-11 CORP 1-2008, f. & cert. ef. 1-15-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0060 SOS 24-1987, f. 11-5-87, ef. 11-15-87 SOS 11-1987, f. 7-9-87, ef. 8-1-87 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0240 Registration of Buyers, Commission Merchants and Selling Agents; Subscription to Master Lists or Portions of Master Lists (1) The proper place to register as a buyer, commission merchant or selling agent of farm products is in the Secretary of State's Office. The registration or renewal of registration must be submitted on a form prescribed and approved by the Secretary of State. The form shall be designated "EFS FPR-1". The registration fee is part of the subscription fee. (2) Registration is part of the process to subscribe for master lists. Each registrant will be assigned a permanent registration number by the Secretary of State. A copy of the administrative rules on registration is available upon request at no charge. The master list will be accessible to registrants online. (3) Registration is effective for a period of 12 calendar months. Renewal of registration may be filed at any time after 90 days prior to expiration of a current registration period. The registrant must indicate the registration number on the renewal registration form. (4) The registration may be amended by filing an amended registration. (5) The Secretary of State shall maintain a list of all buyers of farm products, commission merchants and selling agents who register with the Secretary of State. (6) Subscriptions for master lists are made at the time of registration. (7) A subscription for any master list will be for the period of the registration. (8) The person registering with the Secretary of State must provide the following information on the Form EFS FPR-1: (a) Name and mailing address of the registrant. The registrant must identify the registration as being for a buyer, commission merchant or selling agent; (b) Telephone number; (c) Number of farm product(s) included in the registration; (d) Farm product code(s); (e) Crop year or years for which master list or portion of master list is to be sent; (f) Indication of the type of master list or portion of master list requested; (g) Signature of the registrant; (h) Registration/Subscription fee; (i) Original registration number, if renewal or amended registration. (9) Lists will be made available for download in spreadsheet format online to the registrant within seven working days from the end of the month. (10) Fees. (a) The registration/subscription fee for the online master list is $20 per year; (b) The registration/subscription fee for the alternative paper master list is $500 per year per product; (c) Amendment to change a registration name or address is $10. Statutory/Other Authority: ORS 79.6070 & 79.7010 Statutes/Other Implemented: ORS 79.6070 & 79.7010 History: CORP 1-2011, f. & cert. ef. 9-22-11 CORP 1-2008, f. & cert. ef. 1-15-08 CORP 2-2001, f. 7-9-01, cert. ef. 8-1-01 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0070 SOS 11-1987, f. 7-9-87, ef. 8-1-87 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0250 Forms Used in Oregon Farm Products Central Filing System The Secretary of State prescribes and approves the list of forms below for use in the Oregon Farm Products Central Filing System: (1) Form EFS-1 — Farm Products Effective Financing Statement; (2) Form EFS-3 — Farm Products — Statement of Continuation, Amendment, Assignment and Lapse; (3) Form EFS-4 — Buyer, Commission Merchant, Selling Agent Registration/ Subscription. Statutory/Other Authority: ORS 79.6030 Statutes/Other Implemented: ORS 79.6030 History: CORP 1-2008, f. & cert. ef. 1-15-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94 PRD 1-1989, f. 12-12-89, cert. ef. 1-1-90, Renumbered from 164-050-0080 SOS 11-1987, f. 7-9-87, ef. 8-1-87 SOS 4-1987, f. & ef. 2-24-87 SOS 2-1987(Temp), f. & ef. 1-9-87 SOS 1-1987, f. & ef. 1-2-87 SD 33-1986(Temp), f. 12-5-86, ef. 12-24-86
160-050-0280 EFS Search Fees (1) The Effective Financing Statement search fees are: (a) UCC-11 information search, Standard form — $10 per name (each distinct debtor name to be searched); (b) Requested copies of EFS documents — $5 per name searched. (2) Copy fee will be levied per request, whether or not any copies are found. Examples: The copy fee for EFS documents found on a search for John Doe is: For Information search, $10; Plus, for requested copies, $5; Total, $15. The copy fee for EFS documents found on a search for John and Jane Doe is: For information search ($10 per name x 2 =), $20; Plus, for requested copies, ($5 per name x 2 =), $10; Total, $30. (a) State Seal Certificate — $10 per certificate; plus, for requested copies — $5 per name searched; (b) Copy(ies) of a EFS (filing number provided) — $5. Statutory/Other Authority: ORS 79.6030 Statutes/Other Implemented: ORS 79.6080 History: CORP 1-2008, f. & cert. ef. 1-15-08 CORP 1-1995, f. 2-8-95, cert. ef. 9-1-95
160-070-0010 Definitions As used in ORS 56.200 to 56.209: (1) “Agency” refers to the state executive branch agency(s), board(s) or commission(s) named in a complaint. (2) “Complainant” means the aggrieved owner or principal or their designee or agent of a for-profit or nonprofit organization with 100 or fewer employees, their designee or agent (3) “Complaint” means a specific, written charge filed with the Office of Small Business Assistance by a complainant. Every complaint will generate a report from the Office of Small Business Assistance. The complaint shall: (a) Give the name and address of the aggrieved business or nonprofit organization and its owner, their designee or agent; (b) Name the agency(s); (c) Be signed or otherwise acknowledged by the aggrieved person; (d) Describes the complaint, including: (A) The date(s) of occurrence; (B) The names of any employees of the agency involved in the complaint; (C) The chain of events that led to filing a complaint; (D) How the complainant has already tried to solve the problem; and (E) How the complainant believes their complaint can be resolved. (4) “Complaint” does not mean a charge that involves one or more provisions of ORS 56.206(2)(a)-(h). (5) “Office” means the Secretary of State’s Office of Small Business Assistance. (6) “Notification” and “Notify” mean written communication from the Office of Small Business Assistance to the complainant or agency, including electronic or email communication. (7) “Public Record” has that meaning assigned in ORS 192.410(4)(a). (8) “Report” is a summary document produced at the conclusion of an investigation as described in ORS 56.206(6). All versions of reports from the Office of Small Business Assistance are public records. (a) “Preliminary Report” is a summary document described in ORS 56.206(6)(b). (b) “Final Report” is a summary document described in ORS 56.206(6)(d). Statutory/Other Authority: ORS 56.203(5) & ORS 192.410(4)(a) Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0020 Filing a Complaint Complainant may file a written complaint with Office of Small Business Assistance through mail, email or through an internet form. Complainant may contact the Office of Small Business Assistance and request that staff write the complaint. Staff will subsequently send the written complaint to the complainant for their approval and acknowledgement as required under OAR 160-070-0000(3)(c). Statutory/Other Authority: ORS 56.203(2) Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0030 Withdrawal of Complaint (1) A complainant may withdraw a complaint at any time after filing it and before the first draft of a report prepared under the provisions of ORS 56.206(6) by submitting a written and signed or otherwise acknowledged request for withdrawal. (2) In the event that a complaint is withdrawn before the first draft of a report is prepared, the Office will not release a report. Statutory/Other Authority: ORS 56.206 Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0040 Complaint Review The Office will determine whether to investigate the complaint based on one or more provisions of ORS 56.206(2) (a)-(h). Statutory/Other Authority: ORS 56.206(2) Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0050 Complaint Investigation (1) The Office will notify the complainant if an investigation will be performed within 30 days of receiving the complaint. (2) If the complainant is non-responsive to requests for information required to investigate the complaint, the Office may close the case and notify the complainant and agency of such closure in writing. (3) If the Office learns that complainant provided false information in their complaint, the Office may close the case and notify the complainant and agency of such closure in writing. (4) Upon completion of the investigation, the Office shall prepare a report according to the provisions of ORS 56.206(6). Statutory/Other Authority: ORS 56.206 Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0060 Report (1) The office shall notify a complainant as to whether the office will review and investigate the complaint within 30 days of receiving the complaint as required by ORS 56.206(3). (2) Before finalizing a report prepared under the provisions of ORS 56.206(6)(a), the Office shall provide the complainant with a draft copy of the report for their review within 15 calendar days. The Office may extend this review period at their discretion. (3) Following review of the draft report by the complainant and before finalizing a report prepared under the provisions of ORS 56.206(a) and (b), the Office shall provide the state agency that is the subject of the report with a copy of the draft report for their review within 15 calendar days. The Office may extend this review period at their discretion. (4) Following review of the draft report by the complainant and the state agency, the Office shall provide the state agency that is the subject of the report with a preliminary report according to the provisions of ORS 56.206(b). (5) The final report shall conform to ORS 56.206(6)(a), (d) and (e). Statutory/Other Authority: ORS 56.206 Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-070-0070 Protections for Complainants and Public Records (1) ORS 56.209 provides that a complainant or other person who participates in a review and investigation of a complaint under ORS 56.206 may not be subject to a penalty, sanction or restriction in connection with the person’s employment or be denied any right, privilege or benefit because of the complaint or because of any review and investigation of the complaint. (2) All versions of reports from the Office are public records and subject to disclosure. (3) The Office may disclose aggregate data on their work, provided it does not individually identify any specific business or nonprofit. (4) A complainant may provide written authorization to the Office to disclose specific elements of their case, which may then by disclosed by the Office. (5) Except as otherwise provided by this rule in subsections (2), (3), and (4) above, the Office may not disclose records prepared by or received by the Office or communications to and from the Office. Statutory/Other Authority: ORS 56.209 & ORS 56.203 Statutes/Other Implemented: ORS 56.200 to 56.209 History: CORP 1-2018, adopt filed 03/20/2018, effective 04/01/2018
160-100-0000 Definitions As used in ORS 194.205 to 194.990, and OAR 160-100-0000 to 160-100-0850: (1) “Public Records Address” shall mean postal or street address. (2) “Days” means calendar days. (3) “Electronic notarial signature” means an electronic signature, as defined in ORS 194.215, used by the notary to officially sign electronic records. (4) “Notary,” as used in these rules, means “notary public.” (5) “Oath of Office” in accordance with ORS 194.315(3), a notary public shall keep on file an Oath of Office with the Secretary of State, affirming the notary’s intent to follow the laws and constitutions of the United States of America and the State of Oregon. (6) “Official Misconduct” means the grounds to deny, revoke, suspend, or condition the commission of a notary public, as stated in ORS 194.340. (7) “Official Stamp” or “Official Notary Stamp” means a physical image affixed to a tangible record that can be legibly reproduced by a photographic method, and that meets the description of OAR 160-100-0100; or information required under 160-100-0100(3) that is attached to or logically associated with an electronic record. An official stamp does not include a stamping device, as defined in ORS 194.215(17). The official stamp of a notary public is an official notarial seal for all purposes under the law of this state. (8) “Practice” means conducting a course of repeated notarizations in Oregon beyond a 30-day period. (9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (10) “Remote online notarization” means a notarial act performed for a remotely located individual by means of communication technology. (11) “Remote online notarization vendor” means a third-party that offers the services of a tamper-evident technology approved for remote online notarization acts. (12) "Secretary of State" means the Corporation Division of the Secretary of State's office. (13) “Tamper-evident” means in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident . (14) “Venue” shall include both the jurisdiction of the Oregon notary public and the county in which the notarial act was performed. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.315, HB 4212 (2020), ORS 194.215 & ORS 194.340 History: CORP 1-2021, amend filed 02/18/2021, effective 02/18/2021 CORP 1-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 CORP 2-2014, f. 3-4-14, cert. ef. 3-6-14 CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0000 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0010 Date of Mailing Whenever ORS Chapter 194.205 to 194.990 and OAR 160-100-0000 to 160-100-1150 require or permit a record or object to be mailed to the Secretary of State, the date of mailing shall be the date the record or object was actually received by the Secretary of State. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 1-2007, f. 2-15-07, cert. ef. 3-1-07 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0010 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90
160-100-0020 Name of Notary Public (1) Whenever ORS Chapter 194 and OAR 160-100-0000 to 160-100-1150 refer to the name of a notary public, the name shall be the legal name of the notary public as it appears on the notary public's current oath of office. (2) For the purposes of this chapter, the legal name on the applicant’s oath of office must be proven with satisfactory evidence per ORS 194.240(2). Unless proven otherwise, the name shall consist of the applicant’s first personal name (first name), additional name(s) (middle name), and surname (family or last name). Examples: (a) Oregon Driver License reads, “John Alexander Smith” Applicant’s name on the oath must read, “John Alexander Smith.” The applicant name may not read, “John A. Smith;” “J. Alexander Smith;” “John Smith;” “J.A. Smith;” “John Alexander;” “Smith;” “John;” “JAS;” “Alexander;” or some nickname, such as “Jack.” (b) U.S. Passport reads, “Susan M. Jones Smith.” Applicant’s name must read, “Susan M. Jones Smith.” The applicant name may not read, “Susan M. J. Smith;” Susan Jones Smith;” “Sue M Jones Smith;” or other variant. Statutory/Other Authority: ORS 194.360 Statutes/Other Implemented: ORS 194.360 History: CORP 2-2013, f. 8-30-13, cert. ef. 9-1-13 CORP 5-2008, f. 9-15-08 cert. ef. 10-15-08 CORP 1-1993, f. 12-29-93, cert. ef. 1-1-94, Renumbered from 164-100-0020 SOS-AD 2-1990, f. 5-9-90, cert. ef. 7-1-90