justicedao/ipfs_state_laws huggingface dataset:
166-500-0020 Oregon Administrative Rule (OAR) Filing Requirements (1) Agencies must use the Oregon Administrative Rules Database (OARD) to submit Permanent and Temporary Filings (ORS 183.355), Statutory Minor Correction Filings (ORS 183.335(7)) and Notices of Proposed Rulemaking Filings (183.335(1) & (2)). (2) Agencies must submit filings by deadline day in order for the filing to be published in the next Oregon Bulletin. See OAR 166-500-0070. (3) In cases when the online system is unavailable, agencies must contact the Publications Unit for alternative filing options. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.335 & 183.360 History: OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017 OSA 1-2013, f. & cert. ef. 10-10-13 OSA 2-2012, f. & cert. ef. 9-12-12 OSA 2-2007, f. & cert. ef. 7-31-07 OSA 2-2000, f. & cert. ef. 3-9-00 OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00 OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0001 Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97 OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95 OSA 9-1997(Temp), f. & cert. ef. 10-6-97
166-500-0030 Notice of Proposed Rulemaking Filing Requirements (1) Notice of Proposed Rulemaking Filings, in addition to the requirements outlined in ORS 183.335, must include the following components: (a) Filing caption; (b) Rule number and rule title; (c) Proposed rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes; (d) Associated statutory authority and statutes implemented; (e) Rule Summary, provided for each rule; and (f) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060. (2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.335 & 183.360 History: OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017 OSA 2-2012, f. & cert. ef. 9-12-12 OSA 1-2012(Temp), f. & cert. ef. 5-1-12 thru 10-26-12 OSA 2-2007, f. & cert. ef. 7-31-07 OSA 2-2000, f. & cert. ef. 3-9-00 OSA 13-1997, f. & cert. ef. 11-3-97 OSA 9-1997(Temp), f. & cert. ef. 10-6-97
166-500-0040 Permanent Filing Requirements (1) Permanent Filings, in addition to the requirements outlined in ORS 183.355, must include the following components: (a) Agency Approved Date; (b) Effective Date; (c) Filing caption; (d) Rule number and rule title; (e) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes; (f) Associated statutory authority and statutes implemented; (g) Rule Summary, provided for each rule; and (h) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060. (2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items. (3) An agency must file a Notice of Proposed Rulemaking Filing before filing a Permanent Filing, as ORS 183.335 requires. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360 History: OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017 OSA 2-2012, f. & cert. ef. 9-12-12 OSA 4-2011, f. & cert. ef. 10-14-11 OSA 2-2011(Temp), f. & cert. ef. 7-1-11 thru 12-7-11 OSA 1-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11 OSA 5-2009, f. & cert. ef. 7-1-09 OSA 2-2007, f. & cert. ef. 7-31-07 OSA 3-2003, f. & cert. ef. 11-20-03 OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0011 Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97 OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95 OSA 9-1997(Temp), f. & cert. ef. 10-6-97
166-500-0047 Statutory Minor Correction (SMC) Filing Requirements (1) Statutory Minor Corrections (SMC) Filings, in addition to the requirements outlined in ORS 183.335(7) and OAR 166-500-0055, must include the following components: (a) Filing caption; (b) Rule number and rule title; (c) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes; (d) Associated statutory authority and statutes implemented; (e) Rule Summary; (f) If applicable, PDF of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts. See OAR 166-500-0060. (2) Indicate which subsection of ORS 183.335(7) authorizes the proposed change. (3) Rule title changes shall be applied through a Statutory Minor Correction Filing. (4) An agency may file a Statutory Minor Correction Filing without first filing a Notice of Proposed Rulemaking Filing. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.360 & ORS 183.355 History: OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017
166-500-0050 Temporary Filing Requirements (1) Temporary Filing, in addition to the requirements outlined in ORS 183.335(5) and (6), must include the following components: (a) Filing Caption; (b) Agency Approved Date; (c) Effective Date, and Through Date not to exceed 180 days; (d) Rule number and rule title; (e) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes; (f) Associated statutory authority and statutes implemented; (g) Rule Summary, provided for each rule; and (h) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060. (2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items. (3) An agency may file a Temporary Filing without first filing a Notice of Proposed Rulemaking Filing. (4) When a temporary rule expires at the end of its indicated through date, the rule will revert to the last permanent language. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360 History: OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017 OSA 2-2012, f. & cert. ef. 9-12-12 OSA 5-2009, f. & cert. ef. 7-1-09 OSA 2-2007, f. & cert. ef. 7-31-07 OSA 3-2003, f. & cert. ef. 11-20-03 OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0031 Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97 OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95 OSA 9-1997(Temp), f. & cert. ef. 10-6-97
166-500-0055 OAR Formatting Requirements The Publications Unit will return rules that do not comply with the following requirements to the agency for correction. Rule text must be formatted as follows: (1) Rule numbers must be in the XXX-XXX-XXXX format. (2) Rule text shall be clean and free from strike-throughs, underlines, and other formats showing tracked changes. (3) Outlining and internal numbering: All internal outlining within the rule text must be in the format of (1), (a), (A), (i), (I). A rule may not have a section (1) unless there is a section (2), or a paragraph (a) unless there is a paragraph (b), etc. (a) There must be one space between the outlining number or letter and the start of the first word. (b) A rule may have an introductory paragraph that is not outlined. (c) A Rule with only one paragraph must have no outlining. (4) Rule text must use initial capitalization. (5) Agencies may use only the following special formatting in rule text: (a) Bold and italics; (b) Special characters (e.g. degree symbol); (c) Capitalization; and (d) Quoted text, also known as block text or note style. (6) Agencies may not use the following formatting within rule text: (a) Subtitles; (b) Paragraphs without numbering (exceptions outlined in (3)(b) and (c) above); (c) Non-successive numbering or numbering that does not comply with paragraph (2) of this rule; (d) Bullets; (e) Tabbed or indented text; or (f) Double-spacing or any use of extra spacing between paragraphs. (7) Where formatting allows, tables, appendices and other text-based information must be included in rule text with proper outlining. For exceptions see OAR 166-500-0060. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.355 & 183.360 History: OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017 OSA 2-2012, f. & cert. ef. 9-12-12 OSA 5-2009, f. & cert. ef. 7-1-09 OSA 2-2007, f. & cert. ef. 7-31-07 OSA 3-2003, f. & cert. ef. 11-20-03 OSA 13-1997, f. & cert. ef. 11-3-97 OSA 9-1997(Temp), f. & cert. ef. 10-6-97
166-500-0060 Attachments to Rule Attachments for Notice of Proposed Rulemaking, Permanent, Statutory Minor Correction and Temporary Filings, must meet the following guidelines: (1) Attachments include items such as maps, seals, drawings, forms, graphs, tables, and charts. Agencies shall attach a PDF file that includes all the associated documents not included in the rule text. (2) All attachments must be contained in one PDF per rule. (3) To keep an attachment within a rule, the agency must attach a PDF each time that rule is submitted with a filing. If a PDF is not attached, the item will not continue to be part of the rule and will not be posted online. (4) The File name must be the rule number. For example: 166-500-0060.pdf. (5) The agency must upload the PDF file to OARD at the time of filing. Attachments will not be added, removed or altered without a filing. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.360 & ORS 183.355 History: OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017
166-500-0070 Deadline Day and the Oregon Bulletin Schedule (1) Deadline day is the last day to submit filings through OARD, for possible inclusion in the Oregon Bulletin. (2) To be included in the upcoming month’s Bulletin, all filings must: (a) Be submitted by 11:59 p.m. on the last day of the current month; (b) Be reviewed and published by the Publications Unit; and (c) Comply with filing requirements outlined in OAR 166-500 and ORS Chapter 183. (3) The Publications Unit review times will vary based on filing volume and staff availability. Agencies are advised to submit their filings at least five business days prior to their desired publication month. (4) The Publications Unit will only publish filings that the Publications Unit determines comply with OAR 166-500 and ORS 183. Published Filings are the official record retained by the Oregon State Archives. (5) Correcting Filings : The Publications Unit will return filings requiring corrections to Rules Coordinators through OARD. The process for corrections is as follows: (a) Agencies will be notified through OARD that a filing has been returned. The agency is responsible for monitoring OARD to check status, correct and resubmit filings. (b) Agencies must submit corrected filings through OARD within two business days. (c) If a filing is pending corrections on the first of the month, the Publications Unit will not include the filing in the current Oregon Bulletin. Once necessary corrections are resubmitted, reviewed, and published, the filing will be included in the next Oregon Bulletin. (d) If an agency has not corrected a filing within the allotted time, the Publications Unit will void the filing. Statutory/Other Authority: ORS 183.360 Statutes/Other Implemented: ORS 183.360 & ORS 183.355 History: OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017
167-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Secretary of State adopts for use by its Business Services Division the Attorney General's Model Rules of Procedure as amended and effective on January 1, 2010. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Attorney General or Business Services Division.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05 SS 1-1992, f. & cert. ef. 8-17-92
167-001-0007 Application of Rules These OAR chapter 167, division 001 rules apply to public contracts of the Secretary of State first advertised, but if not advertised then entered into, on or after March 1, 2014. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.020, 279A.030 & 279A.065 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0010 Notice of Proposed Rulemaking Prior to the adoption, amendment or repeal of any permanent rule, the Secretary of State, Business Services Division, shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360(3) at least 21 days prior to the effective date of the intended action. (2) By mailing a copy of the notice to persons on the Secretary of State's Business Services Division mailing list established pursuant to ORS 183.335(8) 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 Capitol Press Room; (b) Associated Press; and (c) Attorney General. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05 BSD 1-1995, f. & cert. ef. 5-17-95 SS 2-1992, f. & cert. ef. 10-13-92
167-001-0020 Purpose The Divisions of the Oregon Secretary of State (Secretary) occasionally require the services of an outside party to accomplish all or part of a project. The Secretary intends that the Attorney General's Model Public Contracting Rules, Chapter 137, will govern all Secretary of State public contracting. It is the intent of the Secretary that these Model Rules will be accepted by default in accordance with the provisions of ORS 279A.065(4). These rules supplement and do not replace the Attorney General’s Model Public Contract Rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05 SS 3-1992, f. & cert. ef. 10-13-92
167-001-0030 Basic Policy The Secretary will contract for services when the specialized skills, knowledge or resources are not available within the Secretary of State's office; when the work cannot be done in a reasonable time with the Secretary's own work force; when it will be less expensive to contract for the work; or when an independent and impartial evaluation of a situation by recognized professionals is required. Contracts will be granted only after approval of the Secretary or his/her designee. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.015 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05 SS 3-1992, f. & cert. ef. 10-13-92
167-001-0081 Reinstatement of Expired Contracts The Secretary of State, Business Services Division Chief Procurement Officer may approve reinstatement of an expired Contract if the following conditions are met: (1) Failure to renew or extend the Contract would prevent the Secretary from carrying out the duties of the Secretary; (2) Written request for reinstatement is submitted to the Business Services Division Chief Procurement Officer for approval within a reasonable time after the expiration of the original contract; (3) A written statement justifying the Contractor’s completion of the work after expiration of the contract, there is no change in the Statement of Work, and either; (a) The reinstatement is exclusively for the purpose of permitting completion of the work or services for no additional compensation; or (b) When services are of a continuing or repetitive nature which are compensated at an hourly, daily or similar periodic rate, the reinstatement either: (A) Does not increase the rate of compensation; or (B) Does not increase the rate of compensation so as to exceed the rate of the increase determined by comparing the Portland, Oregon Metropolitan Area Consumer Price Index (all items) published immediately prior to the date the original contract was established with the same Index published immediately prior to the date of the reinstatement and extension. (4) When a Contract is reinstated pursuant to this section, the Secretary may compensate the Contractor, at the rate of compensation established in the original contract, for work performed in the interim between the expiration of the original contract and the execution and approval(s) of the extension or amendment. (5) This rule authorizes only one reinstatement of a Contract. (6) No reinstatement of a Contract shall modify the original contract except with respect to the time for performance. (7) If the reinstatement of a Contract pursuant to this rule raises the aggregate amount of compensation to a level that requires Attorney General approval under ORS 291.045 and 291.047, the Secretary shall obtain such approval or ratification before the extension becomes binding and before any services may be performed under the reinstated contract. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.065, 279A.070 & 279A.140 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0300 Electronic Public Notice The Secretary may publish the advertisement (notice) for Offers on the Department of Administrative Services ORPIN Electronic Procurement System, or subsequent system, instead of publishing notice in a newspaper of general circulation as required by ORS 279B.055(4)(b). In addition, the Secretary may publish the advertisement on the Secretary's web-page. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.065, 279A.070 & 279B.055 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0310 Pre-Closing Withdrawal of Offers Notwithstanding OAR 137-047-0440(2)(a) and prior to Closing, Offeror may modify or withdraw its Offer via OregonBuys, or subsequent system, using the system functionality. Statutory/Other Authority: Oregon Constitution, Article VI, Sections 2 and 5; ORS 279A.065 History: BSD 2-2019, adopt filed 12/02/2019, effective 12/02/2019
167-001-0360 Purchases Through Federal Programs (1) The Secretary may purchase supplies and services under the Federal Programs identified in ORS 279A.180, without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided that the Secretary has federal authorization to purchase through the program. (2) To purchase through a Federal Program, the Secretary must document in its contract file that: (a) The acquisition meets the Secretary’s requirements; (b) The price and other terms of the acquisition are advantageous to the Secretary; (c) No other DAS price agreement for the supply or services exists, based upon the Secretary’s review of the contracts on ORPIN; (d) Preference programs, including but not limited to the Inmate Work Program of ORS 279A.025(2)(i); (e) The Secretary may add to its contract such contract terms and conditions as are required by State statute or rules, if such additions do not conflict with the Federal Program’s contract terms and conditions, including but not limited to prompt payment requirements, additional commercial terms, and conflict resolution. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other Implemented: ORS 279A.180 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0600 Policy (1) These rules supplement and do not replace ORS 244.010 through ORS 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Secretary of State (Secretary) public contracting under the Public Contracting Code and related rules. The Secretary's public contracting is a public trust. The Secretary and contractors involved in public contracting must safeguard this public trust. (2) The Secretary will conduct business with competence, integrity, and dignity. The Secretary will pursue the maximum value of each public dollar spent while complying with all public contracting statues, rules, and regulations. The Secretary will grant all competitive bidders fair consideration, to regard each transaction on its own merits; to foster and promote fair, ethical, and legal trade practices. The Secretary will prompt courteous reception to all who want to conduct legitimate business with the State of Oregon. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0605 Selection and Award of Public Contracts (1) Secretary officers, employees or agents involved in the process of the selection and award of public contracts must carefully review the provisions of ORS 244.040. (2) Secretary officers, employees and agents are prohibited from soliciting or receiving gifts, which means something of economic value given to a public official or the public official’s relative or member of the household of the public official without an exchange of valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, and which is not extended to others who are not public officials or the relatives of public officials or members of the household of the public official on the same terms and conditions; and something of economic value given to a public official or the public official’s relative or member or the household of the public official for valuable consideration less than that required from others who are not public officials. (3) Secretary officers, employees and agents are prohibited from using their official position for personal or financial gain. (4) Secretary officers, employees and agents are prohibited from using confidential information gained in the course of the screening and selection procedures for personal or financial gain. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140 History: BSD 1-2010, f. & cert. ef. 7-7-10 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0620 Specifications Secretary staff and providers may not develop specifications that primarily benefit only one provider, directly or indirectly. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140 History: BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14 BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05
167-001-0625 Sole-Source The Secretary may not select a sole-source procurement pursuant to ORS 279B.075 to avoid a competitive procurement if the purpose of the selection is to primarily benefit the provider, directly or indirectly, to the detriment of the Secretary or the best interest of the State. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070, 279B.075 & 279A.140 History: BSD 2-2005, f. & cert. ef. 6-15-05 BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05