justicedao/ipfs_state_laws huggingface dataset:
125-160-0940 Documents and Physical Evidence (1) The claimant may present any documents or physical evidence permitted by these rules before or during the hearing. (2) Only the attending physician may make medical findings and submit medical reports to the hearing. Any other medical report or medical evidence from any other physician shall only be submitted to the attending physician as the opinion of an advisory or consulting physician. Reports of the attending physician shall suffice as evidence in place of testimony. (3) The Department shall provide a copy of the records upon which it based its decision. The Department may add summaries or explanations. Department reports shall suffice as evidence in place of testimony. (4) Making the reasons part of the record, the hearings officer may exclude evidence upon finding that it would: (a) Not assist him or her in finding whether substantial evidence existed to support Department’s decision; or (b) Present an undue risk to the safe, secure, or orderly operation of Corrections, specifically including the safety and security of Corrections or Department employees and inmates. (5) The hearings officer may classify documents or physical evidence as confidential upon finding that disclosure would present an undue risk to the safe, secure, or orderly operation of Corrections, specifically including the safety and security of Corrections or Department employees and inmates. The reasons for classifying documents or physical evidence as confidential shall be made a part of the record. Confidential evidence shall not be disclosed to the claimant. (6) Claimant shall have right to examine all evidence that Department relied upon at the time of its review or submitted to the hearings officer for consideration. Department shall provide the evidence to claimant or claimant’s legal representative when it submits evidence to the hearings officer. Department may submit to the hearings officer, without copy to the claimant or legal representative, any evidence it considers confidential. Any documents the hearings officer finds to be confidential shall be furnished to claimant or legal representative upon request with any information which could identify the confidential source masked or removed. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0950 Hearings Conclusions and Record (1) The hearing shall be held, and the hearings officer shall seek, to determine whether the Department had substantial evidence for its decision and whether its decision substantially complied with these rules. The hearings officer shall then issue a recommendation to the Department that it affirm, rescind, or modify its decision. (2) The hearings officer shall deliver a hearing record to Department within 30 days after the hearing. The record shall include: (a) A copy of the Department’s decision; (b) The request for administrative review or appeal; (c) The notice of hearing and rights; (d) The tape recording or transcribed record of the hearing; (e) Documents and other evidence relied upon; and (f) The hearings officer shall prepare a proposed order which includes findings of fact, conclusions of law, summary of evidence and exceptions, and the hearings officer’s recommendation. (3) A hearings officer’s proposed order shall take effect 60 days after issue unless the Department’s Director issues an amended decision within that period. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-170-0010 Process for Allocating Available Moneys in the Administrative Services Economic Development Fund (1) The Department of Administrative Services will distribute lottery proceeds to recipients on a quarterly basis. This allocation will be based on a plan approved by the Chief Financial Office. (2) If, in any quarter, the moneys transferred from the State Lottery Fund to the Administrative Services Economic Development Fund are insufficient to pay for the quarterly allocations, the Department of Administrative Services shall allocate funds in the following priority order: (a) Satisfy current debt service obligations for the Westside Light Rail (allocated in the first and fifth quarters); (b) Satisfy all other current debt service obligations (allocated in the first and fifth quarters); (c) Satisfy all Constitutionally mandated allocations. (d) Satisfy all statutorily mandated allocations. (e) Satisfy all other allocations on a proportional basis. Allocations in a particular quarter may be based on the cash flow needs of the recipients. This may require deferring allocations to a recipient in one quarter with the objective of funding the full allocation during the balance of the biennium. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4)(d) & ORS 461.500 - 461.555 Statutes/Other Implemented: 2003 HB 5076 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-040-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 4-2003, f. 12-23-03, cert. ef. 12-24-03 BAD 1-2001, f. & cert. ef. 10-1-01
125-180-1010 Purpose These rules implement procedures for transferring moneys from the Shared Services Fund pursuant to ORS 285C.635 and 285C.639. Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4) Statutes/Other Implemented: ORS 285C.600 - 285C.626 & 285C.635 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-180-1020 Definitions (1) “Average Eligible Worker” means the average worker reported by Business Oregon as a new hire or retained employee on a Strategic Investment Program (SIP) project. (2) “Eligible Project” is a project described in ORS 285C.600(2) for which the Oregon Business Development Commission has reported new hires or retained employees. Statutory/Other Authority: ORS 184.340 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600 - 285C.626 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-180-1030 Employment Verification (1) The Department of Administrative Services may perform a verification of employment associated with Strategic Investment Projects compiled by Business Oregon under ORS 285C.615. (2) The Department verification process may include determination of project related employment through other Oregon agencies: (a) Department of Revenue, (b) Employment Department, and (c) Any other relevant agencies. (3) Projects are eligible for consideration in the income tax calculation and county fund transfer only to the extent that employment information is verifiable. Statutory/Other Authority: ORS 285C.615(7) Statutes/Other Implemented: ORS 285C.600 - 285C.626 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-180-1040 Personal Income Tax Estimate (1) The personal income tax estimate is derived from: (a) Reported number of workers hired or retained as a result of investment in an eligible project under the Strategic Investment Program ORS 285C.615; and (b) The Department of Revenue’s annual Oregon Personal Income Tax Statistics (150-101-406) report. (2) A tax rate is determined based on the reported average pay per average eligible worker. (3) Labor earnings are multiplied by the project tax rate for an income level equal to that of the wages paid to the average eligible worker. Statutory/Other Authority: ORS 285C.615(7) & 285C.635(4) Statutes/Other Implemented: ORS 285C.600 - 285C.626 & 285C.635 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-180-1050 Funds Transfer Request Form Counties with an approved Strategic Investment Project must submit a request for fund transfer, in an Agency approved format, to the Department of Administrative Services not later than July 1 following the completion of the relevant property tax year. The request for fund transfer must be delivered from the county commission chair or designee and shall include (unless otherwise provided in prior requests): (1) Qualifying project name(s) (2) Original Strategic Investment Program agreement(s), and (3) Local taxing district distribution by percentage. Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4) Statutes/Other Implemented: ORS 285C.600 - 285C.626, 285C.635 & 285C.639 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-180-1060 Funds Distribution (1) The department shall distribute moneys from the Shared Services Fund to the eligible county annually. (2) Counties shall transfer funds to local taxing districts according to the percentages derived from the personal income tax estimate provided in rule 125-180-1040. Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4) Statutes/Other Implemented: ORS 285C.600 - 285C.626, 285C.635 & 285C.639 History: DAS 1-2013, f. & cert. ef. 7-31-13
125-246-0135 Solicitation Templates; Contract Forms and Templates; Accountability for Advice (Director Verification) (1) See OAR 137-046-0140. (2) Regardless of OAR 137-046-0140, a State Contracting Agency, in Solicitation documents, must comply with SB 471 (Chapter 294, 2019) regarding conflict minerals. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.157, 279A.161 & SB 471 (Chapter 294, 2019) History: DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
125-246-0150 Applicability of These Rules to Agencies Agencies subject to the Authority of the Director of the Department must follow these Rules. If an Agency is partially independent of the Authority of the Department and partially subject to the Authority of the Department, that Agency is responsible for obtaining any legal determination related to these Rules. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065 History: DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023 DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0200 Affirmative Action; Limited Competition Permitted (1) For purposes of this Rule: (a) “Affirmative Action” is defined in ORS 279A.100 and means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans. (b) “Disabled veteran” has the meaning given that term in ORS 408.225. (2) Pursuant to ORS 279A.100, an Authorized Agency may, in carrying out an Affirmative Action goal, policy or program, by appropriate ordinance, resolution or rule, limit competition for a Public Contract estimated to cost $50,000 or less, to contracting entities owned or controlled by persons described in subsection (1) of this Rule, including but not limited to OAR 125-246-0314 (disabled veterans), and in accordance with any policies and procedures established by the Department. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.100 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0300 Preference for Oregon Supplies and Services See OAR 137-046-0300. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.120 History: DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0310 Reciprocal Preferences (1) When evaluating Offers according to OAR 125-247-0255 through 125-247-0260, 125-249-0390 or 125-249-0640 through 125-249-0660, Authorized Agencies must add a percentage increase to the Offer of a Nonresident Offeror equal to the percentage, if any, of the preference that would be given to that Offeror in the state in which the Offeror resides. An Authorized Agency may rely on the list maintained by the Department according to ORS 279A.120(4) to determine: (a) Whether the Nonresident Offeror’s state gives preference to in-state Offerors; and if so, (b) The amount of such preference (Percentage). (2) Authorized Agencies must add a percentage to the Offer that matches the Percentage described in Section (1) before determining Tie-Offers in accordance with OAR 125-246-0300. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.120 History: DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10 DAS 6-2008, f. & cert. ef. 7-2-08 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0314 Veterans Preference (1) Generally. The Public Contracting Code and these Rules may not be construed to prohibit an Authorized Agency from engaging in public contracting practices designed to promote affirmative action goals, policies or programs to give a preference in awarding Public Contracts to Veterans. In carrying out an affirmative action goal, policy or program, an Authorized Agency may limit competition for any Public Contract estimated to not exceed $50,000 to Veterans as defined in Section (2) (“Preference”). (2) Definition “Veteran” has the meaning given that term in ORS 200.005. (3) Establishing the Preference. In applying the Preference in section (1), the Authorized Agency may limit competition to Veterans or use a percentage for the Preference in a competitive procurement process. In either case, the process for a Contract may not exceed $50,000, and the Designated Procurement Officer of the Authorized Agency must make a written determination that supports the Preference. (4) Subcontracting. An Authorized Agency may require a Contractor to subcontract some part of a Contract not to exceed $50,000 to, or obtain materials to be used in performing the Contract from, a Veteran. (5) Discrimination. A Bidder or Proposer who competes for or is awarded a Public Contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor employs a Veteran or is a Veteran. (6) Debarment or Disqualification. (a) Finding and Appeal. An Authorized Agency may debar or disqualify a Bidder or Proposer (Offeror) under OAR 125-247-0575 or OAR 125-249-0370, if the Authorized Agency finds that the Offeror has violated Section (6). A debarred or disqualified Offeror may appeal under OAR 125-247-0750 or OAR 125-249-0370. (b) Limitation. An Authorized Agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a Bidder or Proposer under Section (6) more than three (3) years after the alleged discriminatory conduct occurred or more than three (3) years after the Authorized Agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later. (7) Certification. An Offeror must certify in the documents accompanying its Offer that the Offeror has not discriminated and will not discriminate against a Veteran or a subcontractor that employs a Veteran in obtaining a required subcontract. (8) Violation. After a Contractor is awarded a Public Contract and if the Contractor violates the certification made under Section (8), the Authorized Agency may regard the violation as a major breach of contract that permits the Authorized Agency to: (a) Terminate the Contract; or (b) Exercise any of the remedies for breach of contract that are reserved in the Contract. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.100 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
125-246-0316 Lighting Preference Relating to Mercury Authorized Agencies must comply with ORS 646A.566, including but not limited to: (1) When making procurement decisions on lighting that contains mercury, an Agency must: (a) Request information from potential suppliers on mercury content, energy use, lumen output and lighting lifetime; (b) Issue specifications; and (c) Favor lighting that contains mercury that meets the mercury content standards established by ORS 646A.564. (2) After consultation with the Department of Environmental Quality, the State Chief Procurement Officer may direct Agencies to use information and issue specifications to favor lighting in accordance with (1), and Agencies must follow the directions, if any. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 646A.566 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
125-246-0318 Oregon Employment Preference Authorized Agencies must comply with ORS 279B.112, including but not limited to the following requirements for a discretionary preference: (1) An Authorized Agency may give a preference to an Offer including a personnel deployment disclosure form (Disclosure Form) that states that the Offeror will employ more workers within Oregon than a competing Offer if the Offers otherwise suit the Agency’s specifications for the procurement equally well. (2) The Agency may state in the solicitation documents for any procurement (Solicitation) that the Agency will consider a Disclosure Form and may give a preference described in section (1) above. Then, (a) An Offeror may submit a Disclosure Form with its Offer; (b) If the Agency determines that the Offers suit the Agency’s specifications for the procurement equally well, then the Agency may consider any Disclosure Forms submitted with those Offers in evaluating the Offers; and (c) The Agency may prefer the Offer with a Disclosure Form that indicates that the Offeror will employ more workers within Oregon than a competing Offer, with or without Disclosure Form information. (3) The Disclosure Form submitted by an Offeror must state: (a) The number of workers that the Offeror and its subcontractors plan to deploy to perform the work described in the Solicitation; (b) The number of workers that the Offeror and its first-tier subcontractors will employ within Oregon; and (c) The number of jobs in each of the categories described in subsections (3)(a) and (b) that would be a newly created job. (4) The Agency may adopt its own form and contents for the Disclosure Form, unless the State Chief Procurement Officer requires Agencies to use an approved form and contents of the Disclosure Form. (5) The Agency may: (a) Verify the information stated in the Disclosure Form before awarding a public contract; and (b) Require that the contractor maintain a minimum number of workers and jobs over the term of the contract. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279B.112 History: DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024 DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15 DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
125-246-0319 Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements See OAR 137-046-0330. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: Sec. 4, Ch. 52 & OLs 2012 History: DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
125-246-0320 Recycling; Definitions (1) "Post-consumer Waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Post-consumer Waste" does not include manufacturing waste. (2) "Recycled Material" means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. (3) "Recycled PETE Product" means a product containing post-consumer polyethylene terephthalate material. (4) "Secondary Waste Materials" means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, "secondary waste materials" does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.125, 279A.145, 279A.150, 279B.270 & 279B.280 History: DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-246-0323 Recycled Paper and Paper Products (1) The Department promotes the use of Recycled Paper and paper products, and no less than 35% of Authorized Agency Procurements of paper products may be from Recycled Paper Products, pursuant to ORS 279A.155. (2) The Department must make available to Agencies paper and paper products that contain significant quantities of Recycled Materials in all grades where it can be obtained. The Department and Authorized Agencies must purchase Recycled Paper and paper products when the cost of such Recycled Paper or paper products is no more than five (5%) higher than the cost of the same quality paper or paper products containing little or no Recycled Paper. The Department and Authorized Agencies must give a preference of up to five percent (5%) pursuant to ORS 279A.125(2), to suppliers of Recycled Paper and paper products, over the lowest price of non Recycled Paper and paper products if the fitness and quality of the Recycled Paper content paper meet Specification requirements and the type of Recycled Paper content is equivalent to the same type of virgin material. (3) Except as provided in this Rule and regardless of cost, the Department must make Recycled Paper and paper products available to Authorized Agencies through a Recycled Paper agreement. Authorized Agencies that find it economically feasible to exceed the incentive in Section (2) of this Rule for Recycled Paper may do so either by use of agreements for Recycled Paper or by indicating on their purchase request the percentage of Recycled Paper incentive, which is economically feasible for them. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.125 & 270A.155 History: DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12 DAS 5-2006, f. & cert. ef. 5-31-06 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05