justicedao/ipfs_state_laws huggingface dataset:
101-001-0000 Notice of Proposed Rule Changes Prior to adoption, amendment, or repeal of any rule, the Public Employees' Benefit Board (PEBB), will give notice of the intended action to the following: (1) The Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date. (2) To persons on the PEBB mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule. (3) To the Legislative Counsel Committee and Legislators specified in ORS 183.335(15), at least 49 days before rule takes effect. (4) Employee organizations certified by the Employment Relations Board. (5) State agency and university personnel and payroll representatives. (6) Insurance carriers. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 183.310 - 183.550, 192.660, 243.061 - 243.302 & 292.05 History: PEBB 2-2009, f. 7-29-09, cert. ef. 8-1-09 PEBB 1-2009(Temp), f. & cert. ef. 2-24-09 thru 8-22-09 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-001-0005 Uniform and Model Rules of Procedure The Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedure Act, dated 2024, are adopted as rules of procedure of the Public Employees’ Benefit Board and are made a part of OAR chapter 101. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedures is available from the office of the Attorney General or the Oregon Health Authority, Public Employees’ Benefit Board.] Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 183.310 - 183.750 History: PEBB 1-2025, amend filed 10/06/2025, effective 10/06/2025 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-001-0015 Disbursement of PEBB Fund Monies The Public Employees’ Benefit Board Fund was created for the purpose of maintaining insurance program stabilization reserves. PEBB may disburse any or all monies in the fund for any of the following purposes: (1) To reimburse insurers for monies due under the applicable contract (For example, when benefit plan expenses exceed premium revenues); (2) To minimize premium increases resulting from random experience flux, inflationary variations or any other cause; (3) To minimize impact on contributions to premiums due to benefit plan design changes; (4) To pay for expenses critical to administration of PEBB programs (For example, data processing, benefit plan communications, etc.); and (5) To pay for services, programs, or studies that will reduce benefit plan costs. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 History: PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-002-0005 Powers and Duties of the Board (1) Pursuant to ORS 243.125, it will be within the powers and duties of the Board to study all matters connected with providing adequate benefit plan coverage for Eligible Employees on the best basis possible with relation both to the welfare of the employees and to the state. (2) The Board will design benefit plans, devise specifications, invite proposals, analyze responses to requests for proposals, decide on the award of contracts for benefit plan coverage of Eligible Employees. (3) The Board seeks optimal health for PEBB’s members through a system of care that is patient-centered, focused on wellness, coordinated, efficient, effective, accessible, and affordable. The Board will place emphasis on: (a) Employee choice among high quality benefit plans; (b) A competitive marketplace; (c) Benefit plan performance and information; (d) Employer flexibility in benefit plan design and contracting; (e) Quality customer services; (f) Creativity and innovation; (g) Benefit plans as part of total employee compensation; (h) The improvement of employee health; (i) An innovative delivery system; (j) A focus on improving quality and outcomes; (k) Promotion of health and wellness; (l) Appropriate provider, health plan, and consumer incentives; (m) Accessible and understandable information about costs, outcomes, and other health data, and; (n) Benefits that are affordable to the state and employees. (4) The Board may retain consultants, brokers, or other advisory personnel as it determines necessary; and subject to the State Personnel Relations Law, will employ such personnel as are required to perform the functions of the Board. (5) The Board may delegate authority to the Administrator and Staff to complete duties described in (2)–(4) above. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 183.310 - 550, 192.660, 243.061 - 302 & 292.051 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-002-0010 Conduct of Meetings of the Board (1) The Board will select one of its appointed voting members as chairperson and another voting member as vice chairperson. (2) Meetings will be conducted by and will be under the control of the chairperson of the Board. In the absence of the chairperson, the vice chairperson or other Board member designated by the chairperson in the absence of the vice chairperson will preside. All meetings of the Board will be conducted in the matter prescribed by and in accordance with the Oregon Public Meetings Law, ORS 192.610 to 192.690. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 183.310 - 550, 192.660, 243.061 - 302 & 292.051 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-005-0010 Renewal, Screening and Selection for Benefit, Vendor and Consultant Contracts (1) The Board is charged with the obligation of obtaining Benefit Plans to provide Benefits to Eligible Employees. OARs 101-005-0040 through 101-005-0140 set forth the screening, selection and renewal process to be used for all such Benefit Plan contracts. The Board has sole authority for procuring all benefits and services contemplated by ORS 243.061 through 243.302. (2) Except as provided in OAR 101-005-0040 through 101-005-0140, the Board adopts the DOJ model public contract rules in OAR 137, division 46 (General Provisions Related to Public Contracting) and division 47 (Public Procurements for Goods or Services), effective January 1, 2010, as the contracting rules that shall apply to its procurements for Benefit Plan contracts. (3) The Board adopts the DOJ model public contract rules in OAR 137, division 46 (General Provisions Related to Public Contracting) and division 47 (Public Procurements for Goods or Services), effective January 1, 2010, as the contracting rules that shall apply to its procurements for Vendor and consultant contracts within the Board’s contracting authority. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.125 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0020 Policy The policy of the Board is to select Contractors in an expeditious and efficient a manner that is consistent with the goal of delivering high quality Benefits and other services at a cost that is affordable to both the employees and the state, consistent with the requirements of ORS 242.135 and OAR 101-002-0005. The Board may enter into more than one contract for each type of Benefit Plan or other service sought. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.125 & 243.135(2) History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0050 Mistakes (1) Treatment of Mistakes. If the Board discovers certain mistakes in a Proposal before award of the Contract, and the mistakes are not identified as those qualifying as non-responsive to the specifications of the procurement, the Board may take the following action unless otherwise allowed under the procurement: (a) The Board may waive a minor formaility, or permit a Proposer to correct a minor informality. A minor informality is a matter of form(s) rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers. Mistakes including, but not limited to, signatures not affixed to the proposal document, proposals sent to the incorrect address, insufficient number of proposals submitted, incorrect format, etc., will not be considered minor. (b) The Board may correct a clerical error if the intended Proposal and the error are evident on the face of the Proposal, or other documents submitted with the Proposal, and the Proposer confirms the Board's correction in writing. A clerical error is a Proposer's error in transcribing its Proposal. (2) Rejection for Mistakes. Unless otherwise allowed under the procurement, the Board may reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents accompanying the Proposal; i.e., documents submitted with the Proposal. In order to insure integrity of the competitive procurement process and to assure fair treatment of Proposers, mistakes discovered that are contrary to the specifications of the procurement will be carefully reviewed and will be determined, under the sole authority of the Board, to be waived or not be waived. (3) If the Board discovers mistakes in the proposal after award, and the mistakes are not considered minor, the Board reserves the right to determine if the award will be revoked and then will re-evaluate proposals deemed to be in second, third, fourth, etc., in the standings. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.125(1) History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0070 Contract Amendments PEBB may amend a contract without additional competition in any of the following circumstances: (1) The amendment is within the scope of the procurement as described in RFP, the sole source determination, or special procurement (the “Procurement Document”). An amendment is not within the scope of the procurement if the Agency determines that if it had described the changes to be made by the amendment in the Procurement Document, it would likely have increased competition or affected award of the contract. (2) These rules otherwise permit PEBB to award a contract without competition for the goods or services to be procured under the amendment. (3) The amendment is necessary to comply with a change in law that affects performance of the contract. (4) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to PEBB, subject to all of the following conditions: (a) The Services to be provided under the amended contract are the same as the Services to be provided under the unamended contract. (b) PEBB determines that, with all things considered, the amended contract is at least as favorable to PEBB as the unamended contract. (c) The amended contract does not have a total term greater than allowed in the Procurement Document after combining the initial and extended terms. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2009, f. 7-29-09, cert. ef. 8-1-09 PEBB 1-2009(Temp), f. & cert. ef. 2-24-09 thru 8-22-09 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0075 Pre-Proposal Conference (1) Unless identified in the procurement as required, the Pre-Proposal Conference will: (a) Include voluntary attendance; (b) Will be held in Salem, Oregon or will be conducted via conference call or by other electronic means; and (c) Will identify attendees by name and company represented; (2) If the Pre-Proposal Conference requires mandatory attendance by prospective proposers, no remuneration will be offered to prospective proposers for attendance, travel, document preparation, etc. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05
101-005-0080 RFP Protest; Request for Change; Request for Clarification (1) Protest. (a) Unless otherwise specified in the procurement, a Proposer must deliver a written protest to the Board not less than 10 (ten) calendar days prior to closing; (b) Content of Protest. A Proposer's written protest shall include: (A) A detailed statement of the legal and factual grounds for the protest; (B) A description of the resulting prejudice to the Proposer; and (C) A statement of the desired changes to the RFP. (2) Request for Change. (a) Unless otherwise specified in the procurement, a Proposer may request in writing a change to the Contract terms and conditions. If the RFP allows for a Proposer to make a request for changes, and unless otherwise specified in the RFP, a Proposer must deliver the written request for change to the Board not less than 10 (ten) calendar days prior to closing; (b) A Proposer's written request for change shall include a statement of the requested changes to the Contract terms and conditions, including specifications together with the reason for the requested change. (3) Board Response. The Board shall not consider a Proposer's request for change or protest after the deadline established for submitting such request or protest. The Board shall provide notice to the applicable entity if it entirely rejects a protest. If the Board agrees with the entity's request or protest, in whole or in part, the Board shall either issue an addendum reflecting its determination under OAR 137-047-0430 or cancel the solicitation under 137-047-0660. (4) Extension of Closing. If the Board receives a written request for change or protest from a Proposer in accordance with this rule, the Board may extend closing if the Board determines an extension is necessary to consider the request or protest and to issue an addendum, if any, to the RFP. (5) Clarification. Unless otherwise specified in the procurement, and prior to the deadline for submitting a written request for change or protest, a Proposer may request that the Board clarify any provision of the RFP. The Board's clarification to a Proposer, whether orally or in writing, does not change the RFP and is not binding on the Board unless the Board amends the RFP by addendum. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 PEBB 2-2009, f. 7-29-09, cert. ef. 8-1-09 PEBB 1-2009(Temp), f. & cert. ef. 2-24-09 thru 8-22-09 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0090 Addenda to an RFP (1) Issuance; Receipt. The Board may change an RFP only by written addenda. (2) Notice and Distribution. The RFP shall specify how the Board will provide notice of addenda and how the Board will make the addenda available. (3) Timelines; Extensions. The Board shall issue addenda within a reasonable time to allow prospective Proposers to consider the addenda in preparing their Proposals. The Board may extend the Closing if the Board determines prospective Proposers need additional time to review and respond to addenda. Unless otherwise specified in the procurement, and except to the extent required by public interest, the Board shall not issue addenda less than 72 hours before the closing unless an addendum also extends the Closing. (4) Request for Change or Protest. Unless a different deadline is set forth in an addendum, a Proposer may submit a written request for change or protest to the addendum by the close of the Board's next business day after issuance of the addendum. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0100 Extension of Time for Acceptance of Proposal The Board may request, orally or in writing that Proposers extend, in writing, the time during which the Board may consider their Proposal. If a Proposer agrees to such extension, the Proposal shall continue as irrevocable, valid and binding on the Proposer for the agreed-upon extension period. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS.243.125(1) History: PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0105 Submission of Proposals; Format; Timing (1) All Proposals submitted as a result of a Formal Solicitation, Informal Solicitation, or Single Source Solicitation shall comply with the procurement's specifications. If portions of the Proposal to any solicitation are deemed unacceptable or non-responsive to the specifications of the solicitation, the Proposal will be deemed non-responsive and will not be given further evaluation or consideration. If a Proposal to any solicitation is delivered late, it will be deemed non-responsive to the specification of the solicitation and will be returned to the Proposer unopened. (2) Submission of Proposals shall be in writing and shall be delivered in the written format, as required by the specifications of the solicitation. Proposals may be submitted entirely electronically in any reasonable format if required under the procurement. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.125(1) History: PEBB 2-2019, amend filed 03/19/2019, effective 03/19/2019 PEBB 10-2018, temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019 Reverted to PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2013(Temp), f. & cert. ef. 10-2-13 thru 3-28-14 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05
101-005-0120 Rejection of a Proposal Rejection of Proposals. (1) The Board may reject any Proposal upon PEBB's finding that the Proposal: (a) Is contingent upon PEBB's acceptance of terms and conditions (including Specifications) that differ from the RFP; (b) Takes exception to terms and conditions set forth in the RFP; (c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the RFP or in contravention of applicable law; (d) Offers services that fail to meet the specifications of the RFP; (e) Is late; (f) Is not in substantial compliance with the RFP; (g) Is not in substantial compliance with all prescribed procurement procedures; (h) Has been debarred as set forth in ORS 279 B.130; (i) Has failed to provide the certification of non-discrimination required under ORS 279A.110(4), or; (j) Is from a Proposer found non-responsible as described in OAR 101-005-0130. (2) The Board may for good cause reject all Proposals in whole or in part or may cancel, delay or suspend the RFP upon the Board's written finding it is in the state's or employees' interest to do so. The Board shall notify all Proposers of the rejection of all Proposals, along with the good cause justification and finding. PEBB is not liable to any Proposer for any loss or expense caused by or resulting from the rejection, cancellation, delay or suspension. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03
101-005-0130 Responsible Proposer (1) Before awarding a Contract, the Board must have information that indicates the Proposer meets the applicable standards of responsibility. PEBB shall prepare a written determination of non responsibility for a Proposer if PEBB determines that the Proposer does not meet the standards of responsibility. (2) In determining whether a Proposer has met the standards of responsibility, PEBB shall consider whether a Proposer: (a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. (b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Proposer’s control, the Proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. PEBB shall document the Proposer’s record of performance if PEBB finds under this paragraph that the Proposer is not responsible. (c) Has a satisfactory record of integrity. PEBB in evaluating the Proposer’s record of integrity may consider, among other things, whether the Proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Proposer’s performance of a contract or subcontract. PEBB shall document the Proposer’s record of integrity if PEBB finds under this paragraph that the Proposer is not responsible. (d) Is legally qualified to contract with PEBB. (e) Supplied all necessary information in connection with the inquiry concerning responsibility. If a Proposer fails to promptly supply information concerning responsibility that PEBB requests, PEBB shall determine the Proposer’s responsibility based on available information or may find that the Proposer is not responsible. (f) Was not debarred by PEBB in accordance with ORS 279B.130. (3) PEBB may refuse to disclose outside of PEBB confidential information furnished by a Proposer under this section when the Proposer has clearly identified in writing the information the Proposer seeks to have treated as confidential and PEBB has authority under ORS 192.410 to 192.505 to withhold the identified information from disclosure. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.135 & 243.125 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2005, f. 7-26-05, cert. ef. 7-29-05 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03