justicedao/ipfs_state_laws huggingface dataset:
141-014-0420 Reconsideration of Decision (1) An applicant for a lease or license to remove or use material, or any other person adversely affected by the issuance or denial of lease or license to remove or use material may request that the Director or the Land Board, depending upon which entity made the decision, reconsider the decision: (a) Such a request must be received by the Director no later than 30 calendar days after the date of delivery of the decision. (b) The Director will review the request within 60 calendar days after the date of delivery of the request. (c) If the Director made the decision of concern, s/he may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the appeal. (d) If the decision was made by the Land Board, the Director may recommend to the Land Board either that the lease or license issuance or denial be affirmed based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding. (2) If the Director recommends initiating a contested case proceeding, the Department will select a hearing officer and proceed pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 273.551, 274.525, 274.530, 274.550 & 274.560 Statutes/Other Implemented: ORS 274 .525 & 274 .550 History: DSL 2-2008, f. & cert. ef. 10-15-08
141-015-0000 Purpose The purpose of these rules is to provide a uniform procedure governing defaults on Common School timber sale contracts involving only Common School Lands or contracts in which the timber on the Common School Lands predominates in value. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.521 History: LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-015-0005 Definitions (1) “Default” occurs whenever the Forester finds that the purchaser has not complied with the terms and conditions of the contract, or if the purchaser injures or severs timber not included in the sale. (2) “Damages and Expense” means costs, damages, losses and expense incurred by the State of Oregon by reason of a default including but not limited to any unpaid balances owing the State as determined by either a calculation of the State Forester or as the result of the difference in values between the original sale and the resale of the defaulted parcel; calculated or actual costs for preparing the defaulted parcel for resale; rehabilitation or regeneration delay costs; any expense incurred by the department for legal services resulting from the default, any interest charge as provided for in these rules or any other damages allowed by law. (3) “Department” means the State Forestry Department. (4) “Director” means the Director of the Division of State Lands. (5) “Forester” means the State Forester. (6) “Market Value” means the value of timber as determined by the Forester, using relevant transaction evidence. Relevant transaction evidence may include, but not be limited to, recent timber sale bid data, log prices, or appraisals. Statutory/Other Authority: ORS 273.521 Statutes/Other Implemented: ORS 273.521 History: LB 3-1990, f. & cert. ef. 8-7-90 LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-015-0010 Default — Future Bidding (1) Except where the purchaser posts security as provided in OAR 141-015-0030, or except as may be otherwise provided in these rules, any purchaser of timber from Common School Forest Lands or any assignee of such purchaser who defaults on a contract with the Forester for the purchase of Common School Forest Lands timber shall not thereafter be permitted to bid any Common School Land timber sale conducted by the department including a sale involving the timber in default until the state is reimbursed for all damages and expense incurred by it as a result of the default. (2) In the case of a contract for the sale of timber which includes both Common School Forest Lands and other lands, this rule shall apply only if the timber on the Common School Forest Lands predominates in value. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.521 History: LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-015-0020 Notice of Default to Purchaser The State Forester by certified mail shall notify a purchaser of any default. The notice shall include the following information: (1) The default allegedly committed by the purchaser and the facts showing the alleged default. (2) The corrective action, if any, that can be taken by the purchaser to remedy the default and the time within which such action must be taken. (3) That if the purchaser refuses to correct the default or the default cannot be remedied, the purchaser will be barred from bidding on future contracts including the contract in dispute, unless the state is reimbursed for all damages and expense incurred by it as a result of the default or the purchaser posts a bond or places in escrow cash or marketable securities in an amount estimated by the Forester to be sufficient to reimburse the state for all damages and expense that will be incurred by it as a result of the default. (4) The right of the purchaser pursuant to OAR 141-015-0030, to request the Forester to estimate the damages and expense that will be incurred by the state as a result of the default. (5) The right of the purchaser to request a contested case hearing on the existence of the default, the corrective action required by the Forester, the estimate of damages and expense by the Forester, any questions that may arise concerning the security that may be posted by the purchaser in order to be permitted to bid and any other questions concerning the purchaser’s qualifications to bid. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.521 History: LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-015-0030 Request to Bid by Purchaser — Appeal If a purchaser in default wishes to bid on future contracts, it shall so notify the Forester in writing. The Forester shall, within 30 days of receipt of the notice, estimate the damages and expense that will be incurred by the state as a result of the default. The estimate shall be sent by certified mail to the purchaser. If the purchaser posts a bond in an amount sufficient to cover the estimated damages and expense or places in an escrow account cash or marketable securities readily convertible into cash in an amount sufficient to cover the estimated damages and expense or a combination of such bond, cash and securities in the required amount, the Forester shall grant permission to the purchaser to bid on contracts other than the contract in dispute. The terms of the escrow agreement shall be satisfactory to the State Forester. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.521 History: LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-015-0040 Contested Case Hearing (1) Within 30 days after mailing of the estimate by the Forester, the purchaser may request a contested case hearing before the Forester and the Director of the Division of State Lands concerning any of the following issues: (a) Whether a default was committed by the purchaser; (b) Whether the corrective action which the Forester ordered to be taken by the purchaser is appropriate; (c) Whether the Forester’s estimate of damages and expense incurred or to be incurred by the state as a result of the alleged default is reasonable or arbitrary; (d) Whether the security posted or proposed to be posted by the purchaser is sufficient; and (e) Any other issues relevant to the purchaser’s qualifications to bid. (2) The hearing shall be governed by ORS 183.413 to 183. 497. A hearings officer may be appointed by the Director and the Forester to hear the case. However, the hearings officer shall not have authority to issue a final order. Any order issued under this rule shall be signed by both the Director of the Division of State Lands and the State Forester and may be appealed as provided in ORS 183.482. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.521 History: LB 1-1983, f. & ef. 4-29-83 LB 10-1982(Temp), f. & ef. 11-18-82
141-016-0000 Purpose and Applicability These rules apply to the sale of timber and logs from common school forest lands and to other Board-managed lands. The State Forester shall have the responsibility to apply these rules on common school forest lands and the Director of the Division of State Lands shall apply them to other Board-managed land as described in these rules. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0010 Criteria for Eligibility to Purchase State Timber or Logs (1) In addition to all other requirements of law, a person may bid for state timber or logs originating from state lands if the person certifies in a form and manner specified by the State Forester or Director that: (a) The person will not directly or indirectly export unprocessed state timber or logs; and (b) Unless exempted by section (2) of this rule, the person has not directly or indirectly exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and (c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber or logs to any other person without obtaining a certification from the person that meets the requirements of OAR 141-016-0030. (d) The person shall not engage in export of unprocessed timber originating from private lands in Oregon until such time as all interests in contracts for state timber held by that person have terminated. (2) Purchases of hardwood logs originating from state timber sales for domestic processing only may be made by persons otherwise ineligible to bid under (1)(b) above, provided they certify that: (a) They have not directly or indirectly exported unprocessed hardwood timber from private lands in Oregon for at least 24 months. (b) The hardwood logs shall be domestically processed. (c) They will obtain a certification from any person to whom they sell, transfer, exchange or otherwise convey state hardwood logs that meets the requirements of OAR 141-016-0030. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0015 Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester or Director may purchase state timber from any other person. Acquisitions of Western red cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0020 Applicable State Timber All unprocessed timber, as defined in OAR 141-016-0005(16), which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0025 Surplus Timber The prohibitions against export contained in OAR 141-016-0000 to 141-016-0045 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0030 Reporting Requirements (1) Before the State Forester or Director will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must: (a) Notify the appropriate agency of the delivery destination of all timber or logs purchased under that contract. Notification will be made in a form and manner prescribed by the State Forester or Director; (b) Prior to selling, trading, exchanging or otherwise conveying unprocessed state timber or logs to any other person, the purchaser of state timber shall obtain a certification of the person’s eligibility to purchase state timber or logs and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the agency and shall be forwarded to the State Forester or Director upon completion of the transaction. Obtaining a certification shall not relieve the purchaser’s responsibility to provide the State Forester or Director with an accounting of the delivery destination of that timber or logs. (2) Any performance bond required by a state timber sale contract may be retained by the State Forester or Director until satisfactory notification of the state timber or logs delivery destination has been received by the State Forester or Director. (3) Failure to provide the State Forester or Director with a final accounting of the delivery destination of state timber or logs will be considered a violation of these export regulations. Violators will be subject to the penalties contained in OAR 141-016-0035. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0035 Purchaser Disqualification and Termination of Contracts (1) The State Forester or Director shall keep a record of any person who violates the requirements of OAR 141-016-0000 to 141-016-0040. (2) A person whose name appears on the record for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 141-016-0000 to 141-016-0040 shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045. (3) The State Forester or Director may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 141-016-0000 to 141-016-0040, and assess damages according to the following formula: D = (OSV+AC) - (PR+RSV), where: (a) D = Damages and Expenses; (b) OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales; (c) AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law; (d) PR = Payments Received; (e) RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the State Forester’s or Director’s estimate of remaining volume, multiplied by the dollar values stated in the contract. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0040 Log Branding and Marking Requirements All unprocessed state timber or logs originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood one end of all logs originating from state timber sales shall be hammer branded and one end shall be painted with a paint type and color determined by the State Forester or Director. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-016-0045 Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the State Forester or Director, or contracted by the State Forester or the Director to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the State Forester or Director to the appropriate federal or state agency for prosecution or other legal action. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00
141-050-0450 Purpose The purpose of these rules is to provide a central and continuing register of areas in Oregon which contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Heritage Resources. Ref. ORS 273.581, Chapter 208, Oregon Laws 1981. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273 .563 - 273 .591 History: Renumbered from 141-050-0890, DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0525 Acceptance of Funds (1) The State Land Board may accept monies for, but not limited to, documents and services under these rules. (2) The Board may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any private foundation for the purpose of carrying out the provisions of ORS 273.561 to 273.591 and Chapter 208, Oregon Laws 1981. (3) All monies received by the Board shall be paid into the State Treasury and credited to the account of the Natural Heritage Program. Ref. ORS 273.591. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82
141-050-0900 Criteria for Inclusion in Register Criteria to be included within the Register must be determined by the Council to fulfill not only the definition of a natural area but the element and site considerations within the Priorities and Criteria for Conservation in the Plan, ORS 273.563 to 273.591 and Chapter 208, Oregon Laws 1981. The following criteria will be used in evaluating a natural area proposed for inclusion in the Register: (1) The priority for protection of the primary element objective and other elements in the site as presented in the Plan; (2) The element occurrence(s) is an adequate representative of the type; (3) The extent to which each natural heritage resource has retained its natural character, i.e., a measurement of the degree of human caused disturbance; (4) The health and viability of the element occurrence(s), i.e., the ability of each element occurrence to perpetuate itself or its natural sequence of development in the area; (5) The number of natural heritage resources or elements which will be adequately represented in the area; (6) The degree of uniqueness, and educational and natural interpretation values of a geologic resource(s); (7) The priority of protection given to each special species of plant or animal presented in the Plan; (8) The contribution the particular area will make to the protection of the special species; and (9) Manageability, i.e., the capability of being managed so as to protect and to maintain the natural values, as well as to make it available and useful for its designated purposes. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0905 Procedures for Registering Each proposal for the Register, together with field evaluation, maps and sufficient data to complete the register file, shall be reviewed by the Council: (1) A proposal for the Register of private land shall contain the written consent of the landowner. (2) After review and recommendation by the Council, the Board may place a site onto the Register, or remove a site from the Register. The Board shall notify the Council of its decision. (3) A voluntary management agreement may be developed between the Board and a private landowner, or agency, of a site on the Register, with the assistance of the Council. (4) Any area(s) designated by a federal or state agency, having been established by public hearing, may be entered onto the Register by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0915 Register File The Register may include file(s) of registered natural areas: (1) The card file may include name of natural area, location, size, ownership, register category, and principal Natural Heritage Resource(s) and special species. The card file may be cross referenced by county and principal resource. (2) The data file may include: (a) Data Form — Comprehensive information compiled for each natural area; (b) Instrument of Dedication — Or other documents certifying official dedication; (c) Consent Form — Written consent for natural areas on private land; (d) Supportive Data — Includes maps, photographs, remote sensing imagery, species lists, field notes, reports, research papers, and references to other information available; (e) Cross references to the Data Bank — To data file, computer and manual file consistent with data bank components; (f) Implementation Data — Written management agreement pertaining to the natural area; (g) Summary Sheet — A map and one page summary of information about each area which can be duplicated and circulated to appropriate authorities. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0920 Location and Maintenance of Register The data files of the Oregon Register of Natural Heritage Resources will be located at the Oregon Natural Heritage Information Center office in Portland, OR, and will be maintained by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0925 Register Review The Register shall be reviewed and updated every five years by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0930 Register Withdrawal Registered natural areas may be withdrawn from the Register by the State Land Board upon the recommendation of the Council. Specific reasons must be given for withdrawal. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75
141-050-0935 Purpose The purpose and scope of dedication is to establish and maintain the integrity of the Plan, and the Program, by means of written formal recognition and protection of an area of land and/or water for natural heritage conservation purposes. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82