justicedao/ipfs_state_laws huggingface dataset:
966-100-0600 Spalding Industrial Area (1) The Spalding Industrial Area was approved by the ERRC as a designated RSIA on March 27, 2014. (2) The Spalding Industrial Area located in Grants Pass, consists of 172 acres and is comprised of the following 135.6 parcel acres: (a) The 34 parcels at the designated area are as follows: (A) Tax Lot —: 36052200000200 (i) Acres — 1.0 and 19.7 (ii) Address — 450 Ament Rd. (B) Tax Lot —: 36052200000300 (i) Acres — 8.6 (ii) Address — 2280 Spalding Ave. (C) Tax Lot —: 36052200000400 (i) Acres — 9.7 (ii) Address — 2300 Spalding Ave. (D) Tax Lot —: 360521A0000101 (i) Acres — 3.1 (ii) Address — 2123 NE Spalding Avenue. (E) Tax Lot —: 360521A0000102 (i) Acres — 0.7 (ii) Address — 2137 NE Industry Drive. (F) Tax Lot —: 360521A0000103 (i) Acres — 0.6 (ii) Address — 2151 NE Industry Drive. (G) Tax Lot —: 360521A0000104 (i) Acres — 1.0 (ii) Address — 2165 NE Industry Drive. (H) Tax Lot —: 360521A0000105 (i) Acres — 1.2 (ii) Address — 2179 NE Industry Drive. (I) Tax Lot —: 360521A0000106 (i) Acres — 0.5 (ii) Address — 2186 NE Industry Drive. (J) Tax Lot —: 360521A0000107 (i) Acres — 0.9 (ii) Address — 2172 NE Industry Drive. (K) Tax Lot —: 360521A0000109 (i) Acres — 0.9 (ii) Address — 2144 NE Industry Drive. (L) Tax Lot —: 360521A0000301 (i) Acres — 0.8 (ii) Address — 2200 Industry Drive. (M) Tax Lot —: 360521A0000302 (i) Acres — 4.1 (ii) Address — 2214 Industry Drive. (N) Tax Lot —: 360521A0000303 (i) Acres — 1.4 (ii) Address — 144 Assembly Circle. (O) Tax Lot —: 360521A0000304 (i) Acres — 1.4 (ii) Address — 129 Assembly Circle. (P) Tax Lot —: 360521A0000305 (i) Acres — 2.3 (ii) Address — 115 Assembly Circle. (Q) Tax Lot —: 360521A0000306 (i) Acres — 3.4 (ii) Address — 101 Assembly Circle. (R) Tax Lot —: 360521A0000307 (i) Acres — 2.7 (ii) Address — 2207 Industry Drive. (S) Tax Lot —: 360521A0000309 (i) Acres — 10.7 and 25.8 (ii) Address — 2151 NE Spalding Avenue. (T) Tax Lot —: 360521A0000900 (i) Acres — 0.5 (ii) Address — 605 NE Agness Avenue. (U) Tax Lot —: 360521A0001100 (i) Acres — 3.5 (ii) Address — 2100 NE Spalding Avenue. (V) Tax Lot —: 360521A0001102 (i) Acres — 1.5 (ii) Address — 2150 NE Spalding Avenue. (W) Tax Lot —: 360521A0001103 (i) Acres — 4.7 (ii) Address — 2164 NE Spalding Avenue. (X) Tax Lot —: 360521A0001104 (i) Acres — 0.7 (ii) Address — 2188 NE Spalding Avenue. (Y) Tax Lot —: 360521A0001105 (i) Acres — 3.0 (ii) Address — 2245 NE Spalding Avenue. (Z) Tax Lot —: 360521A0001106 (i) Acres — 1.4 (ii) Address — 2207 NE Spalding Avenue. (AA) Tax Lot —: 360521A0001107 (i) Acres — 2.4 (ii) Address — 2185 NE Spalding Avenue. (BB) Tax Lot —: 360521A0001108 (i) Acres — 2.6 (ii) Address — 2163 NE Spalding Avenue. (CC) Tax Lot —: 360521A0001109 (i) Acres — 2.5. (ii) Address — 2143 NE Spalding Avenue. (DD) Tax Lot —: 360521A0001110 (i) Acres — 4.6 (ii) Address — 2101 NE Spalding Avenue. (EE) Tax Lot —: 360522BC000100 (i) Acres — 5.6 (ii) Address — NE Spalding Avenue. (FF) Tax Lot —: 360522BC000600 (i) Acres — 2.1 (ii) Address — 2285 NE Spalding Avenue. Statutory/Other Authority: ORS 197.723 Statutes/Other Implemented: ORS 197.723 History: ERRC 1-2014, f. 6-30-14, cert. ef. 7-1-14
966-100-0700 North Coast Business Park (1) The North Coast Business Park Industrial Area was approved by the ERRC as a designated RSIA on January 28, 2015. (2) The North Coast Business Park Industrial Area located in the City of Warrenton, consists of 162 acres and is comprised of the following parcel acres: The 2 parcels at the designated area are as follows: (a) Tax Lot — 206. (A) Acres — 10.5. (B) Address —Township: 8, Range: 10, Section: 27, Tax Lot: 206. (b) Tax Lot — 207. (A) Acres — 151.5. (B) Address —Township: 8, Range: 10, Section: 27, Tax Lot: 207. Statutory/Other Authority: ORS 197.723 Statutes/Other Implemented: ORS 197.723 History: ERRC 1-2015, f. 3-31-15, cert. ef. 4-1-15
966-100-0800 Malheur County Regionally Significant Industrial Area (1) The Malheur County Industrial Area was approved by the ERRC as a designated RSIA on January 28, 2015. (2) The Malheur County Park Industrial Area located in the cities of Ontario, Nyssa, and Vale consists of 1021.79 acres and is comprised of the following parcel acres: (a) There are 1 parcels at the Wada Industrial Site, as follows: Industrial Site 1 — Wada Industrial Site: (A) Tax Map — 18S4706D: (B) Tax Lots — 100: (C) Total Acres — 75.03. (b) There are 3 parcels at the Stelling Industrial Site, as follows: Industrial Site 1 — Stelling Industrial Site: (A) Tax Map — 18S4705: (B) Tax Lots — 3601, 3603, 3604: (C) Total Acres — 77.04. (c) There are 3 parcels at the Treasure 200 Industrial Site, as follows: Industrial Site 2: Treasure 200 Industrial Site: (A) Tax Map — 18S4708: (B) Tax Lots — 3500, 3501, 3600: (C) Total Acres — 200. (d) There are 7 parcels at the Rail Dependent Industrial Site, as follows: Industrial Site — Rail Dependent Industrial Site: (A) Tax Map — 18S4716: (B) Tax Lots — 1100, 1200, 1300, 1400, 1500, 1600, 1800: (C) Total Acres — 275. (e) There are 1 parcels at the Vale East Industrial Site, as follows: Industrial Site 1 — Vale East Industrial Site: (A) Tax Map — 18S4521: (B) Tax Lots — 100: (C) Total Acres — 117.82. (f) There are 2 parcels at the Vale West Industrial Site, as follows: Industrial Site 1 — Vale West Industrial Site: (A) Tax Map — 18S4530: (B) Tax Lots — 100, 300: (C) Total Acres — 99.9. (g) There are 9 parcels at the Nyssa North Industrial Site, as follows: Industrial Site 1 — Nyssa North Industrial Site: (A) Tax Map — 19S4720: (B) Tax Lots — 200, 205, 500, 2700, 2701, 2702, 2703, 3700, 3800: (C) Total Acres — 177. Statutory/Other Authority: ORS 197.723 Statutes/Other Implemented: ORS 197.723 History: ERRC 1-2015, f. 3-31-15, cert. ef. 4-1-15
966-100-0900 South Coast Industrial Area (1) The South Coast Industrial Area, located in Coos County, was approved by the ERRC as a designated RISA on October 28, 2016. (2) The South Coast Industrial Area consists of six sites totaling 753.59 acres and is comprised of the following: (a) Southern Oregon Marine (SOMAR) Industrial Site comprised of one parcel totaling 61 acres: Tax Lot- 6962-292900: Acres- 61 Property ID- 25S13W25 (b) Henderson Site comprised of two parcels totaling 352.20 acres: (A) Tax Lot- TL0030000: Acres- 182.50 Property ID- 25S13W05 (B) Tax Lot- TL0020000: Acres- 169.70 Property ID- 25S13W00 (c) North Bay Marine Industrial Park comprised of four parcels totaling 246.15 acres: (A) Tax Lot- TL0010000: Acres- 190.50 Property ID- 25S13W18 (B) Tax Lot- TL0020200: Acres-17.40 Property ID- 25S13W18 (C) Tax Lot- TL00105Z1: Acres- 34.50 Property ID- 25S13W18 (D) Tax Lot- TL00199Z0: Acres- 3.75 Property ID- 25S13W18 (d) Charleston Boat Yard comprised of ten parcels totaling 27.74 acres: (A) Tax Lot- TL00300: Acres- .58 Property ID- 26S14W12BB (B) Tax Lot- TL00500: Acres- .94 Property ID- 26S14W12BB (C) Tax Lot- TL00600: Acres- 25.03 Property ID- 26S14W12BB (D) Tax Lot- TL00603Z1: Acres- .51 Property ID- 26S14W12BB (E) Tax Lot- TL00604Z1: Acres- .11 Property ID- 26S14W12BB (F) Tax Lot- TL00605Z1 Acres- .17 Property ID- 26S14W12BB (G) Tax Lot- TL00606Z1 Acres- .17 Property ID- 26S14W12BB (H) Tax Lot- TL00607Z1 Acres- .11 Property ID- 26S14W12BB (I) Tax Lot- TL00608Z1 Acres- .05 Property ID- 26S14W12BB (J) Tax Lot- TL00610Z1 Acres- .07 Property ID- 26S14W12BB (e) North Bank comprised of two parcels totaling 34 acres: (A) Tax Lot- TL02300 Acres- 29.60 Property ID- 27S13W21 (B) Tax Lot- TL01401 Acres- 4.40 Property ID- 27S13W21DB (f) Bolon Island comprised of one parcel totaling 32.50 acres: (A) Tax Lot- R27039 Acres- 32.50 Property ID- 21122601200 Statutory/Other Authority: ORS 197.723 Statutes/Other Implemented: ORS 197.723 History: ERRC 1-2017, f. & cert. ef. 3-14-17
972-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Albacore Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360 at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Albacore Commission mailing list established pursuant to ORS 183.335(7), at least 49 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in Commission’s rulemaking and publications whose readers have an interest in Commission’s activities; and (c) Newspapers in primary regions of the commodities represented by the Commission. Statutory/Other Authority: ORS 183.335, 183.341 & 576 Statutes/Other Implemented: ORS 183.341(4) History: AC 1-2002, f. & cert. ef. 2-21-02 AC 1-2000, f. & cert. ef. 5-4-00
972-010-0000 Definitions (1) “Person” means any individual, corporation, association, partnership or joint stock company. (2) “Commission” means the Oregon Albacore Commission. (3) “First Purchaser” means any person who buys albacore from the harvester in the first instance, or handler who receives albacore in the first instance from the harvester for resale or processing. Harvesters who perform the handling or processing function on all or part of their catch of albacore, which normally would be performed by another person as the first purchaser, are considered to be the first purchaser. (4) “Harvester” means a person participating directly or indirectly in the commercial harvest of albacore for consumer consumption. It has the same meaning as “producer” as used in ORS Chapter 576. (5) “Handler” means any harvester, processor, distributor or other person engaged in the handling or marketing of, or dealing in albacore, whether as owner, agent, employee, broker or otherwise. (6) Albacore consists of the varieties described as species Thunnus alalunga. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: AC 1-2000, f. & cert. ef. 5-4-00
972-010-0010 Assessment Rate Established (1) Pursuant to the Commission’s authority to establish an alternate assessment method, the following assessment method is established. (2) Any person who is a first purchaser as defined in ORS Chapter 576 and OAR 972-010-0000, shall deduct and withhold from the harvester an assessment of .005 of the cash value of the raw product of albacore. This assessment deduction shall be made upon the incoming revenue thereof, for albacore landed in Oregon. (3) Any person who is a first purchaser as defined in ORS Chapter 576 and OAR 972-010-0000, shall remit an assessment of .005 of the cash value of the raw product of albacore. This assessment shall be made upon the incoming revenue thereof, for albacore landed in Oregon. (4) The assessment to be withheld and paid by the first purchaser and the reports, as required by ORS 576 and OAR 972-010-0010 and 972-010-0020, applies to and covers any purchases or deliveries made on or after June 1, 2000, of albacore landed in Oregon. Statutory/Other Authority: ORS 576.304(2), ORS 576.325(2)(a) Statutes/Other Implemented: ORS 576 History: AC 1-2019, amend filed 06/04/2019, effective 06/04/2019 AC 1-2000, f. & cert. ef. 5-4-00
972-010-0020 Reports and Payment of Assessment Monies (1) First Purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Oregon Albacore. (2) Assessment collections that total $200 or more for the current season must be reported monthly. Monthly assessment reports are due in the commission office by 5:00 pm on the 20th day of each month. Example: Assessment reports for August 1–August 31 would be due in the commission office by 5:00 pm on September 20th. (3) Assessment collections that total less than $200 for the current season must be reported annually. Annual assessment reports are due in the commission office by 5:00 pm on December 20th. (4) When a first purchaser has completed, signed, and forwarded a report covering the final purchase of albacore for the year, the report shall be marked in large letters “FINAL REPORT FOR THIS YEAR.” No further reports are necessary unless or until additional purchases are made. (5) At the time that reports as required in section (1) of this rule are due, the first purchaser shall attach and forward payment to the Commission for the assessment due. Reports shall be on forms prescribed by the Commission. The forms shall be signed by the first purchaser and completed with the required data, including, but not limited to month and year of report, total pounds purchased during the month, total price paid for all albacore purchases during the month, and total monthly assessment remitted by the first purchaser. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: AC 1-2014, f. & cert. ef. 5-7-14 AC 1-2002, f. & cert. ef. 2-21-02 AC 1-2000, f. & cert. ef. 5-4-00
972-010-0030 Penalties (1) Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states, "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of assessment." (2) The commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause. Statutory/Other Authority: 2003 OL Ch. 604, Sec. 42 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & Sec. 42 History: AC 1-2004, f. 1-15-04 cert. ef. 1-16-04
972-020-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Albacore Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: AC 2-2019, adopt filed 06/04/2019, effective 06/04/2019
972-020-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at P.O. Box 983, Lincoln City, OR 97367. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: AC 2-2019, adopt filed 06/04/2019, effective 06/04/2019
972-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 972-020-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 972-020-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: AC 2-2019, adopt filed 06/04/2019, effective 06/04/2019
972-020-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 972-020-0060. (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: AC 2-2019, adopt filed 06/04/2019, effective 06/04/2019
972-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 972-020-0020. (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: AC 2-2019, adopt filed 06/04/2019, effective 06/04/2019
972-030-0010 Number of Commissioners, Terms The Oregon Albacore Commission will consist of nine commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. Statutory/Other Authority: 2003 OL ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL ch. 604 & ORS 576 History: AC 1-2007, f. & cert. ef. 7-31-07 AC 1-2004, f. 1-15-04 cert. ef. 1-16-04
972-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Oregon Albacore Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of Albacore tuna; (b) Five members will be producers; (c) Three members will be handlers; (d) All members who are not a handler or the public member will be producers. Statutory/Other Authority: 2003 OL ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL ch. 604 & ORS 576 History: AC 1-2007, f. & cert. ef. 7-31-07 AC 1-2004, f. 1-15-04 cert. ef. 1-16-04
972-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: AC 1-2004, f. 1-15-04 cert. ef. 1-16-04
972-030-0040 Chair and Other Officers Annually, at the Budget Hearing the Commission for the new fiscal year, the Commission will elect from its members a Chair, a Vice Chair, and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or may be removed from that position by vote of five Commissioners. If the Chair, Vice Chair, or Secretary/Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair or Secretary/Treasurer will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: AC 1-2014, f. & cert. ef. 5-7-14 AC 1-2004, f. 1-15-04 cert. ef. 1-16-04