justicedao/ipfs_state_laws huggingface dataset:
122-085-0110 Definitions (1) “Account” means a debt relationship between a state agency and an individual or an entity, which may include multiple obligations and time periods. (2) “Consensual Security Interest” means an enforceable interest in real or personal property voluntarily created by a debtor to secure an obligation to pay a debt (e.g. a mortgage, trust deed, security agreement, or pledged securities). (3) “Delinquent (account)” means a receivable for which payment was not received by the initial due date. (The establishment of a payment agreement does not change the status of the delinquency.) (4) “DOR-OAA” refers to the Department of Revenue Other Agency Account unit. (5) “Hardship” refers to adverse circumstances, which significantly reduce a debtor’s ability to pay. Examples include, but are not limited to, interruptions of income due to family or medical emergencies, job layoff or job skill retraining, long-term/permanent disability, social security, or terminal illness. (6) “Imprisoned” refers to an individual who is currently incarcerated. (7) “Litigation” refers to a dispute when the account: (a) Has been referred to the Department of Justice; (b) Is in the administrative appeal or hearing process; or (c) Is in arbitration, mediation, or in the state or federal court system, including bankruptcy. (8) “Liquidated (account)” has the meaning given in the Oregon Accounting Manual (OAM). Generally speaking, a liquidated account is one in which: (a) The amount of the debt is known, (b) The debtor has been notified of the debt, and (c) The debtor has been given an opportunity to dispute the debt. (9) “Mandatory collection agency transfer (MCAT) account” refers to an account that is: (a) Liquidated, (b) Delinquent, and (c) Not prohibited by state or federal law from being transferred to a collection firm. (10) “MCAT eligibility date” refers to the latter of the following dates: (a) The date the account receivable became both liquidated and delinquent; or (b) The date the MCAT account exemption expires. (11) “Non-consensual lien” means a lien established by operation of law; such as a judgment with a financial obligation or the recording of an administrative record (e.g. agency distraint warrant or civil penalty final order). (12) “Payment” means a voluntary amount of money paid by a debtor to a state agency or an involuntary amount of money paid by a debtor through offset or garnishment. (13) “PCF” refers to a private collection firm. (14) “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state government subject to ORS 293. Statutory/Other Authority: ORS 291.015, 293.227 Statutes/Other Implemented: ORS 291.015(1), 293.227(1), & 293.227(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
122-085-0120 Mandatory Collection Agency Transfer Assignment Requirements (1) If a state agency does not receive any payments on an MCAT account during any 90-day period following the MCAT eligibility date for that account, the state agency must review the account for assignment to DOR-OAA for full collections. (2) The state agency must assign accounts to DOR-OAA unless the account is subject to an exemption under OAR 122-085-0130 or OAR 122-085-0150. (3) MCAT accounts assigned to DOR-OAA will be transferred to a PCF if no payment is received on the account within six months from the date of assignment. DOR-OAA may transfer the assigned MCAT accounts to a PCF prior to six months. (4) MCAT accounts returned to DOR-OAA by a PCF may be retained by DOR-OAA indefinitely or returned to the state agency upon request. (5) OAR 122-085-0120 does not apply to accounts that originate in the Department of Revenue or the Oregon Employment Department; those accounts are required to be assigned one year from the MCAT eligibility date or the date of last payment, whichever is later. (6) OAR 122-085-0120 does not apply to state agencies that the Department of Administrative Services Chief Financial Office (DAS CFO) has granted a time period exemption, as per 122-085-0140. (7) Before a state agency may write-off an account, DOR-OAA must notify the state agency that the account is recommended for write-off, unless the law prohibits the account from assignment or the state agency has exempted the account from assignment as provided in 122-085-0130 or 122-085-0150. (8) A state agency may not make an offer for assignment contrary to applicable state or federal laws or regulations governing offers for assignment. Statutory/Other Authority: ORS 293.231, 293.233, 293.240 Statutes/Other Implemented: ORS 293.231(1), 293.231(5), 293.231(6)(c), 293.233(1) & 293.233(2), 293.240(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
122-085-0140 Mandatory Collection Agency Transfer Account Request for Exemption (1) To request an exemption from the 90-day assignment provision referenced in OAR 122-085-0120, a state agency must complete the applicable form provided in the OAM. If approved, the exemption request will permit either a 180-day turnover period or a 365-day turnover period. (2) State agencies must submit requests for the exemption from the 90-day turnover timeframe to the DAS CFO no later than March 31. Each approved request will begin the following July 1 and will be valid until June 30 of the subsequent fiscal year. For example, an approved request submitted in March 2018 will become effective from July 1, 2018 through June 30, 2020. (3) A state agency may not use such exemption until approved by the DAS CFO and may only apply the exemption to accounts with an MCAT eligibility date within the approved exemption period. (4) The state agency’s right to use the exemption terminates upon expiration of the approved period. If the exemption expires and the state agency has not received approval from DAS CFO for another exemption for the subsequent two year period, all accounts must be assigned as required in OAR 122-085-0120. Statutory/Other Authority: ORS 293.231 & 293.233 Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c), 293.233(1) & 293.233(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
122-085-0150 State Agency Specific Exemptions (1) A state agency may request that the DAS CFO approve one or more state agency specific exemptions under ORS 293.233 for classifications of accounts that are not exempt as per OAR 122-085-0130. A state agency must submit a request for a state agency specific exemption from assignment using the applicable form provided in the OAM. (2) A state agency may not use such exemption until approved by the DAS CFO and the exemption only applies to accounts with an MCAT eligibility date within the approved exemption period. In its written approval of the request, the DAS CFO may specify that the exemption is for a limited duration (not to exceed two fiscal years). (3) The state agency’s right to use the exemption terminates upon expiration of the limited duration period. Statutory/Other Authority: ORS 293.231 & 293.233 Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c), 293.233(1) & 293.233(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
122-085-0160 State Agency MCAT Assignments to PCFs (1) State agency MCAT accounts assigned to a PCF prior to July 1, 2018 are not subject to OAR 122-085-0120. These accounts may continue through the collection cycle as per the purchase order agreement between the state agency and the PCF. Once the account is returned to the assigning state agency from the PCF, the state agency may evaluate the account for write-off or assign the account to DOR-OAA for additional collection services. (2) State agency MCAT accounts subject to assignment after July 1, 2018 are subject to OAR 122-085-0120. Statutory/Other Authority: ORS 293.231 & 293.233 Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c), 293.233(1) & 293.233(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
122-085-0200 Voluntary collection of Social Security numbers for use in collecting debts owed to the state (1) For purposes of this rule “state agency” is defined as any state officer, board, commission corporation, institution, department or other state organization except for state courts and commissions, departments and divisions of the Judicial branch of state government, the Secretary of State or the State Treasurer. (2) The purpose of this rule is to provide standards for state agencies when requesting a person to voluntarily provide the person’s Social Security number on any document relating to a monetary obligation or transaction for use in collecting debts owed to the state of Oregon. This rule does not apply to a Social Security number that is required to be provided under state or federal law. (3) Where reasonable and unless otherwise prohibited by state or federal law, a state agency may request a person to voluntarily provide their Social Security number when there is a real or potential monetary obligation or transaction, (a) When requesting a Social Security number, the state agency must notify the person clearly in writing: (A) that providing their Social Security number is voluntary, (B) the state agency is requesting the Social Security number for use in collecting debts owed to the state of Oregon, (C) that the Social Security number will be properly secured as required by the Oregon Consumer Identity Theft Protection Act (ORS 646A.600-646A.628). (b) State agencies must follow federal and Oregon state guidelines for the protection of Social Security numbers collected under sections of this rule. If for any reason a state agency is unable to properly secure and protect Social Security numbers it may not ask a person to voluntarily provide their Social Security number. (c) Except as otherwise prohibited by federal or state law, any state agency may share Social Security numbers collected under section 3 of this rule as necessary for use in collecting debts owed to the state of Oregon. (A) State agencies that share Social Security numbers shall do so in a manner that is in compliance with all Oregon Identity Theft Protection Act requirements contained in ORS 646A.600. (B) State agencies may not share a Social Security number with another entity that is not able to properly secure and protect the Social Security number in accordance with federal and Oregon state guidelines. Statutory/Other Authority: ORS 293.226 Statutes/Other Implemented: ORS 293.226(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018
123-001-0050 Definitions For purposes of this division of administrative rules, and generally throughout this chapter of administrative rules, unless the context demands otherwise: (1) Authority means the Infrastructure Finance Authority within the Oregon Business Development Department. (2) Board means the Oregon Infrastructure Finance Authority Board. (3) Brownfield means real property where expansion or redevelopment is complicated by actual or perceived environmental contamination as defined in ORS 285A.185(1). (4) Collateral means property subject to a security interest or agriculture lien, as well as proceeds to which security interests attaches, and those defined in ORS 79.1050. (5) Commission means the State of Oregon Business Development Commission appointed under ORS 285A.040. (6) Department means the State of Oregon Business Development Department as established under ORS 285A.070. (7) Director means the director of the Oregon Business Development Department as appointed under ORS 285A.070. (8) Distressed Area means a geographic area within the state of Oregon that meets the criteria set forth under OAR 123-024-0031. (9) Finance Committee means the financial committee formed by the Oregon Business Development Commission as defined in OAR 123-001-0520. (10) Financial Institution means a financial institution as defined in ORS 706.008. (11) First Source Hiring Agreements means the hiring agreements as described in OAR 123-070. (12) Grant means an award of monies to an approved recipient for eligible purposes. (13) Governor means the sitting Governor of the State of Oregon, pursuant to Article V of the Constitution of Oregon. (14) Loan means department financing provided to an approved recipient for eligible purposes. (15) Port means a municipal corporation organized under ORS chapter 777 or 778, which may be known as a "port authority" or "port district." (16) Rural Area means an area located entirely outside of the acknowledged Portland Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban growth boundaries of the cities with populations of 30,000 or more according to the most recent decennial census data from the U.S. Census Bureau. (17) Small Business means a business having 100 or fewer employees in accordance with ORS 285A.010(9) (18) State Revenue Bonds means bonds issued by the State of Oregon that are payable from specific revenue sources and are not a pledge of the full faith and credit of the State of Oregon. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075, ORS 77.0102(L), ORS 777 & ORS 778 History: OBDD 2-2020, amend filed 02/07/2020, effective 02/07/2020 EDD 8-2009, f. & cert. ef. 10-1-09 EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 4-2003, f. & cert. ef. 3-26-03
123-001-0100 Notice of Rulemaking (Proposed Permanent Rulemaking) In proposing to amend, repeal or adopt permanent administrative rules for this chapter, pursuant to ORS 183.335(1)(a) and 183.341(4): (1) The Department shall at a minimum do the following with respect to those listed in section (2) of this rule: (a) Furnish a copy of the notice of proposed rulemaking, as published or to be published in the Oregon Bulletin consistent with ORS 183.335(1)(b); and (b) Make available a copy of the proposed rule language to be amended or adopted. (2) All of the following are included for purposes of section (1) of this rule: (a) The current list of persons and organizations that have requested notification, in accordance with ORS 183.335(1)(c) and (8); (b) Certain legislators, as prescribed in ORS 183.335(1)(d) and (15); (c) Department of Land Conservation and Development, consistent with the time frame for subsection (b) of this section, for rules governing any program or activity affecting land use (see Division 008 of this chapter of administrative rules); (d) The following organizations and media sources, consistent with the time frame for subsection (a) or (b) of this section: (A) Associated Press; (B) Association of Oregon Counties; (C) Capitol Press Room; (D) League of Oregon Cities; and (E) Oregon Department of Administrative Services, Director’s Office, for any substantial program change not arising directly from legislation; and (e) Any other media source, person or party interested in or significantly affected by the proposed rulemaking, as determined by the Department, depending on the particular nature and subject of the rules, which might include but is not limited to Economic Development Districts, Port Districts, Public Ports Association, Special Districts Association, Associated Oregon Industries, industry or contractor associations, nonprofit or labor organizations, local newspapers, business publications, local units of government, or state and federal agencies. This subsection may be carried out consistent with the time frame for subsection (a) or (b) of this section. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075, ORS 183.335 & ORS 183.341 History: OBDD 2-2020, amend filed 02/07/2020, effective 02/07/2020 EDD 4-2003, f. & cert. ef. 3-26-03
123-001-0200 Model Rules of Procedure (1) Division 001 and any statutorily mandated element in the other divisions of the State of Oregon Attorney General’s Uniform and Model Rules (OAR chapter 137), pursuant to the Administrative Procedures Act (ORS Chapter 183), are hereby incorporated into and adopted as part of this division of administrative rules, by reference. These and other relevant documents are published in the Attorney General’s "Administrative Law Manual," which may be obtained from the Oregon Department of Justice, Publications Section, Justice Building Room 16, 1162 Court Street NE, Salem, OR 97301-4096. (2) No internal guidance materials of the Department for purposes of administrative rules are incorporated into or adopted as part of this division of administrative rules, in any way, and such materials are not binding on the rulemaking procedures of the Department except insofar as they coincide with requirements pursuant to section (1) of this rule. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 183.335, 183.341, 183.355, 285A & 285B History: EDD 4-2003, f. & cert. ef. 3-26-03
123-001-0300 Waivers of Provisions Provided by Rule in This Chapter The Director or the Director's designee may formally waive requirements otherwise prescribed by this chapter of administrative rules, if such a waiver serves to further the goals and objectives of ORS Chapters 285A, 285B and 285C and results in sound economic development or job creation in the state, such that: (1) The requirement must be an invention of the administrative rule itself, and not arise from policies established by the Commission or from any state or federal law, including cases where state law might in some way be ambiguous, but the administrative rule is considered to correctly and optimally clarify or interpret that law; (2) This rule applies whether or not the division of administrative rule similarly provides for waiver by the Director; and (3) This rule does not interfere with other ways to make exceptions or to provide flexibility, as described elsewhere for certain administrative rules, and it is not meant to substitute for the timely amendment of administrative rules. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A & 285B History: EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 4-2003, f. & cert. ef. 3-26-03
123-001-0500 Commission Committees For purposes of advisory and technical committees for the Commission: (1) These committees are different from, and this rule does not apply to, statutory boards or commissions affiliated with the Department, but whose appointment, authority, duties and relationship to the Commission, if any, are prescribed (such as the Oregon Arts Commission under ORS 359.010 to 359.137) by the Legislative Assembly. (2) The committees under this rule, which are part of the Department and are public bodies as subsidiaries to the Commission, consist of Ad Hoc Committees established solely by authority of the Commission and operating at its discretion under ORS 285A.060. (3) An Ad Hoc Committee (“it” for purposes of this section), as defined in subsection (2) of this rule, is subject to the following parameters: (a) The Commission must create it by a formal and public action for a certain definite period, or otherwise it may exist and operate until the Commission terminates or suspends it; (b) The chair of the Commission is primarily responsible for appointing each of its members, which serve at the chair’s pleasure (the Director or designee is always an ex officio member), and for determining its makeup and similarly fundamental attributes; (c) Its membership shall broadly reflect the different geographic regions of this state, and at least one of its members shall reside east of the Cascade Range; (d) It shall provide advice and recommendations to the Commission or the Department, although it may exercise, on a day-to-day basis, such duties or powers as the Commission delegates to it; (e) It is subject to the Commission’s review and to reporting its decisions, actions and agenda for future meetings, which any member of the Commission may attend; (f) It may adopt standards and procedures for its activities, with or without direction from the Commission; and (g) Regardless of anything described in this chapter of administrative rules, the Commission reserves the discretion to change any delegation and directive related to its future functions, at any time. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.060 History: EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 4-2003, f. & cert. ef. 3-26-03
123-001-0520 Finance Committee for the Commission The Finance Committee is an Ad Hoc Committee that has been formed and empowered by the Commission in accordance with ORS 285A.060 such that: (1) The Commission charges the Finance Committee (pursuant to divisions of this chapter of administrative rules) with the following: (a) Immediate oversight and the approval of projects and proposals under the following business finance programs: (A) Economic Development Revenue Bonds (division 011); (B) Oregon Business Development Fund (division 017); and, (C) Beginning and Expanding Farmer Loan Program (division 052); (b) Consideration on appeal of administrative denials of business loans under the following programs: (A) Entrepreneurial Development Loan Fund (division 019); and (B) Credit Enhancement Fund (division 021); (C) Capital Access Program (division 018); and, (D) Small Business Expansion Loan Fund aka Oregon Royalty Fund (division 092) (2) The Finance Committee’s members: (a) Are appointed by the chair of the Commission to include representation from among this state’s banking and financial community, as well as at least one member possessing general experience with a traded-sector industry or industry association; and (b) Serve indefinite terms at the pleasure of the Commission’s chair, such that a newly appointed Commission chair assumes the makeup and organization of the current Finance Committee until the Commission chair initiates changes. (3) The Commission’s chair shall select a chairperson for the Finance Committee, such that: (a) The chairperson shall call meetings and set agendas for the Finance Committee with the assistance of Department staff; and (b) A member chosen by the chairperson (or otherwise, the longest-serving member present) shall preside over a Finance Committee meeting at which the chairperson is absent. (4) The supervisor of the Department’s business finance programs shall administer the operations of the Finance Committee, officially carry out its decisions, prepare business for its consideration with the chairperson’s consent, and serve as an ex officio member on behalf of the Director. (5) Nothing in this rule, or elsewhere in this chapter of administrative rules, interferes with the Commission’s authority to dissolve the Finance Committee or to redirect its future procedures and purposes. Statutory/Other Authority: ORS 285A.075, 285B.056, 285B.206(3) & 285B.743(2) Statutes/Other Implemented: ORS 285A.060, 285A.666 - 285A.732, 285B.050 - 285B.098, 285B.200 - 285B.285B.218, 285B.320 - 285B.371 & 285B.740 - 285B.758 History: OBDD 2-2020, amend filed 02/07/2020, effective 02/07/2020 EDD 8-2009, f. & cert. ef. 10-1-09 EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 4-2003, f. & cert. ef. 3-26-03