justicedao/ipfs_state_laws huggingface dataset:
661-010-0068 Stays (1) A motion for a stay of a land use decision or limited land use decision shall include: (a) A statement setting forth movant’s right to standing to appeal the decision; (b) A statement explaining why the challenged decision is subject to the Board’s jurisdiction; (c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable injury if a stay is not granted; (d) A suggested expedited briefing schedule; (e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review. (2) A copy of a motion for stay shall be served on the governing body and the applicant for the land use decision or limited land use decision, if any, on the same day the motion is filed with the Board. (3) Unless otherwise ordered by the Board, a response to a motion for a stay of a land use decision or limited land use decision shall be filed within 14 days after the date of service of the motion and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted. (4) An order granting a stay of a quasi-judicial land use decision or limited land use decision involving a specific development of land shall be conditional upon filing an undertaking or a cashier’s check or bank-certified check in the principal amount of $5,000. In all other cases an undertaking, if ordered by the Board, shall be in the amount set forth in the order granting the stay. All undertakings shall be substantially in the form as set forth in Exhibit 4, and shall be accompanied by proof that the surety is qualified by law to issue surety insurance as defined in ORS 731.186. Any objections to the form of undertaking or the surety shall be filed within 14 days after the date of service of a copy of the undertaking on the objecting party. (5) The Board shall base its decision on the stay, including the right to a stay, amount of undertaking, or conditions of any stay order, upon evidence presented. Evidence may be attached to the motion in the form of affidavits, documents or other materials, or presented by means of a motion to take evidence outside the record. See OAR 661-010-0045. [ED. NOTE: Exhibits referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.845 History: LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1987, f. & ef. 12-30-87
661-010-0070 Final Order of Board (1) An Order of the Board is final when the cover page of the order containing the caption of the appeal: (a) States “Final Opinion and Order”; (b) Indicates whether the decision being reviewed is affirmed, reversed, remanded, transferred, invalidated, or whether the appeal is dismissed; (c) Contains the date of the final order; and (d) Is time and date stamped by the Board. (2) When an order of the Board becomes final it shall be made available to interested members of the public. The Board may charge a reasonable fee for copies of its final orders or other orders furnished to members of the public. Statutory/Other Authority: ORS 197.820(4) Statutes/Other Implemented: ORS 197.805 History: LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 LUBA 2-1980, f. & ef. 4-29-80
661-010-0071 Reversal or Remand of Land Use Decisions (1) The Board shall reverse a land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is prohibited as a matter of law. (2) The Board shall remand a land use decision for further proceedings when: (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b); (b) The decision is not supported by substantial evidence in the whole record; (c) The decision is flawed by procedural errors that prejudice the substantial rights of the petitioner(s); (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or (e) All parties stipulate in writing to remand. (3) The Board may reverse or remand a land use decision in part when: (a) The decision adopts a change to an acknowledged comprehensive plan or land use regulation; (b) The decision contains a severability clause; and (c) The affirmed parts, standing alone, are complete and capable of being executed consistent with the local government’s legislative intent. Statutory/Other Authority: ORS 197.820(4) & 197.835(1) Statutes/Other Implemented: ORS 197.835 History: LUBA 5-2023, amend filed 12/20/2023, effective 01/01/2024 LUBA 2-2023, temporary amend filed 09/21/2023, effective 09/25/2023 through 12/31/2023 LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1987, f. & ef. 12-30-87
661-010-0073 Reversal or Remand of Limited Land Use Decisions (1) The Board shall reverse a limited land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is prohibited as a matter of law. (2) The Board shall remand a limited land use decision for further proceedings when: (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b); (b) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision; (c) The local government committed a procedural error which prejudiced the substantial rights of the petitioner(s); (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or (e) All parties stipulate in writing to remand. Statutory/Other Authority: ORS 197.820(4) & 197.835(1) Statutes/Other Implemented: ORS 197.828 & 197.835 History: LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92
664-001-0000 Notice of Intended Rulemaking To provide a reasonable opportunity for interested persons to be notified of the Commission’s proposed administrative rulemaking actions, the Commission shall give notice of its proposed adoption, amendment or repeal of any administrative rule in the following manner: (1) By causing the notice to be published in the Secretary of State’s Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the proposed action; (2) By mailing a copy of the notice to persons on the Commission’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the proposed action; and (3) By mailing a copy of the notice to county extension agents, the Associated Press, the Capital Press and other known news or industry publications that reasonably would be viewed by persons that might be affected by the proposed actions. Statutory/Other Authority: ORS 576.305(12) Statutes/Other Implemented: ORS 183.341(4) History: CC 1-1995, f. & cert. ef. 7-5-95 CC 5-1991, f. & cert. ef. 9-17-91 CC 1-1991(Temp), f. & cert. ef. 5-15-91
664-010-0000 Definitions (1) “Person” means any individual, corporation, association, partnership or joint stock company. (2) “Commission” means the Oregon Clover Seed Commission. (3) “Casual Sale” means any casual sale or sales of Clover made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds. (4) “First Purchaser” means any person who buys clover seed from the producer in the first instance, or handler who receives clover seed in the first instance from the producer for resale or processing. (5) “Producer” means a person or other legal entity producing clover seed for market, whether as a landowner, landlord, tenant sharecropper or otherwise. (6) “Handler” means any producer, processor, distributor or other person engaged in the handling or marketing of, or dealing in clover seed, whether as owner, agent, employee, broker or otherwise. (7) Clover seed consists of the varieties described as Trifolium species and includes, but is not limited to, such varieties as Red Clover, White Clover, Crimson Clover and Arrowleaf Clover. (8) “Net Paid for Weight” means all sales or bartered tons paid for. Statutory/Other Authority: ORS 576.051 - 576.585 History: CC 3-1991, f. & cert. ef. 6-14-91
664-010-0005 Assessments Any first purchaser shall deduct and withhold an assessment of 1/2 percent total gross sale prior to any deducted value of product paid to the producer thereof, for seed produced in the 2001 crop year and following, for all clover seed produced in Oregon (see definition of "First Purchaser"). Seed produced in the crop years 1996, 1997, 1998, 1999 and 2000 will be assessed at the previous 1/4 percent assessment rate. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: Reverted to OCC 2-2001, f. 6-11-01, cert. ef. 7-1-01 OCC 1-2002(Temp), f. & cert. ef. 6-14-02 thru 11-1-02 OCC 2-2001, f. 6-11-01, cert. ef. 7-1-01 CC 1-1996, f. 6-27-96, cert. ef. 7-1-96 CC 1-1994, f. & cert. ef. 7-1-94 CC 3-1991, f. & cert. ef. 6-14-91
664-010-0010 Reports and Payment of Assessment Monies (1) Except as otherwise exempt or provided by regulation, a first purchaser or handler shall forward to the Commission on or before July 30th, October 30th, January 30th and April 30th (30 days after the end of the quarter on a quarterly calendar year basis) completed and signed Commission approved forms covering all purchases of Oregon produced clover made by him during the quarterly period (reporting period) immediately preceding each reporting date: “Reporting period” for the purpose of this section means the months of: (a) January, February, March; (b) April, May, June; (c) July, August, September; (d) October, November, December. (2) When a first purchaser or handler has completed, signed and forwarded a report covering his final purchase of clover seed for the crop season, he may mark such report as “Final Report for This Crop Season.” No further reports are necessary by such first purchaser unless or until additional purchases are made. (3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission. (4) At the time that reports are due, the Commission from the first purchaser or first handler, as required in section (1) of this rule, the first purchaser or first handler shall attach and forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser and completely filled out, and shall include, in addition to all other required information and figures, the name and complete mailing address of each producer, (the crop year), the tonnage and amount of assessment deducted and withheld. (5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment monies directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. Examples would be the sale by a producer direct to another producer. Statutory/Other Authority: ORS 576.051 - 576.585 History: CC 3-1991, f. & cert. ef. 6-14-91
664-010-0020 Penalties Penalty for delaying transmittal of assessment moneys (ORS 576.355) "In addition to the penalties prescribed in 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 the assessment." Statutory/Other Authority: ORS 576 & 2003 OL Ch. 604 Statutes/Other Implemented: ORS 576 & 2003 OL Ch. 604 History: OCC 1-2003, f. 12-12-03 cert. ef. 1-15-04 CC 3-1991, f. & cert. ef. 6-14-91
664-010-0030 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 664-010-0005 or the reports required by him or seed purchased and paid for on or after July 1, 1991 of a clover seed produced 1991 and thereafter in Oregon. Statutory/Other Authority: ORS 576.051 - 576.585 History: CC 3-1991, f. & cert. ef. 6-14-91
664-015-0010 Number of Commissioners, Terms The Oregon Clover Commission will consist of ten 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. The second term for handler 2 will end June 30, 2026; thereafter, the length of term will be three (3) years. N o commissioner will serve for more than two full consecutive terms of office. Statutory/Other Authority: ORS 576 & 2003 OL Ch. 604 Statutes/Other Implemented: ORS 576 & 2003 OL Ch. 604 History: OCC 1-2024, amend filed 12/11/2024, effective 01/01/2025 OCC 1-2003, f. 12-12-03 cert. ef. 1-15-04
664-015-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) "Producer" means 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) "Handler" means 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. (c) "Commission" means the Oregon Clover Seed Commission. (2) Members of the Commission will have the following qualifications, which will continue during the term of office of the member: (a) No more than one member of the Commission will be a member of the public with an active interest in the positive economic development, production and marketing of the commodity, but who is not associated with the production or handling of clover seed; (b) A majority of the Commission members will be producers; (c) No more than two Commission members will be a handlers, each employed by separate entity; (d) All Commission members who are not a handler or the public member will be producers. Statutory/Other Authority: ORS 576 & 2003 OL Ch. 604 Statutes/Other Implemented: ORS 576 & 2003 OL Ch. 604 History: OCC 1-2003, f. 12-12-03 cert. ef. 1-15-04
664-015-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including, but not limited to, the following reasons: (a) Two unexcused absences, or other neglect of duty in office; (b) Use of the Commission appointment for financial gain or to avoid financial detriment; (c) Unauthorized use or disclosure of confidential information; (d) Conduct in violation of Oregon government standards and practices laws; (e) Misappropriation or misuse of commission funds; (f) Failure to satisfy one or more qualifications for appointment. (2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. Statutory/Other Authority: ORS 576 & 2003 OL Ch. 604 Statutes/Other Implemented: ORS 576 & 2003 OL Ch. 604 History: OCC 1-2003, f. 12-12-03 cert. ef. 1-15-04
664-020-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Clover Seed Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Clover Seed Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Clover Seed Commission meeting or subcommittee meeting; (b) Attendance at a conference or other activity as a representative of the Oregon Clover Seed Commission, either at the request of the chair of the Oregon Clover Seed Commission or as authorized in advance by a vote of the Oregon Clover Seed Commission; and (c) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Clover Seed Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Clover Seed Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Clover Seed Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OCC 2-2021, adopt filed 10/26/2021, effective 10/31/2021 OCC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 02/28/2022
664-020-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 664-020-0130 and OAR 664-020-0140, the Oregon Clover Seed Commission shall provide to a qualified member of the Oregon Clover Seed Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Clover Seed Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Clover Seed Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OCC 2-2021, adopt filed 10/26/2021, effective 10/31/2021 OCC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 02/28/2022
664-020-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 664-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Clover Seed Commission may provide to a non-qualified member of the Oregon Clover Seed Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 664-020-0140, the Oregon Clover Seed Commission shall provide to a non-qualified member of the Oregon Clover Seed Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Clover Seed Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Clover Seed Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OCC 2-2021, adopt filed 10/26/2021, effective 10/31/2021 OCC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 02/28/2022
664-020-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Clover Seed Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OCC 2-2021, adopt filed 10/26/2021, effective 10/31/2021 OCC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 02/28/2022
664-020-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Clover Seed Commission no later than the last day of the fiscal year in which the member incurred the expense. For example, a claim for compensation any time from July 1 through June 30 must be submitted by June 30 of that fiscal year. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $200.00 must be authorized by the Oregon Clover Seed Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OCC 2-2021, adopt filed 10/26/2021, effective 10/31/2021 OCC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 02/28/2022