justicedao/ipfs_state_laws huggingface dataset:
137-110-0650 Participation in the Resolution Conference (1) Any party wishing to participate in a resolution conference shall do so in accordance with all other provisions of OAR 137-110-0001 to 137-110-0670. (2) If a trust deed includes joint or multiple grantors, and fewer than all grantors confirm participation in the resolution conference, the resolution conference may nevertheless occur with the consent of the beneficiary. (3) The grantor, or any individual that a court appoints to act on the grantor’s behalf, must attend the resolution conference in person unless there are compelling circumstances that prevent attendance in person. (4) The service provider may assist the parties in obtaining an interpreter. However, if the service provider is unable to provide an interpreter, the party needing an interpreter is responsible for securing and paying for the interpreter. The manner of participation of a language interpreter during a resolution conference will be determined by the facilitator. (5) Any mediator or facilitator wishing to observe a resolution conference for training purposes may only do so with the written consent of all participants. Statutory/Other Authority: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g) Statutes/Other Implemented: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g) History: DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14 DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14 DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13 DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13
137-110-0670 Certificate of Compliance (1) The service provider shall issue a certificate of compliance if: (a) The grantor fails to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200; or (b) The service provider receives a report from the facilitator that complies with Oregon Laws 2013, chapter 304, section 4(4) and the beneficiary has: (A) Submitted the materials required under section 3(4) of Oregon Laws 2013, chapter 304, to the service provider; (B) Appeared in person at, or sent an agent to, the resolution conference with complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure, or if the beneficiary or agent did not have complete authority, required the participation by remote communication of a person with complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure; (C) Signed a document that sets forth the terms of any foreclosure avoidance measure to which the beneficiary and the grantor agreed; and (D) Complied with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304. (2) The certificate of compliance that has been signed and notarized by the service provider shall be issued to the beneficiary or the beneficiary’s agent no later than five days following: (a) Cancellation of the resolution conference if the certificate is issued pursuant to section (1)(a) of this rule. (b) Receipt of the facilitator’s report under Oregon Laws 2013, chapter 304, section 4(4) if the certificate is issued pursuant to section (1)(b) of this rule. (3) The certificate of compliance shall include: (a) The name of the grantor; (b) The name of the beneficiary; (c) The address of the property at issue; (d) Reference to the recording information of the trust deed at issue; (e) A certification that either: (A) The beneficiary or its agent appeared at the resolution conference and complied with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304; or (B) The grantor failed to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a), and OAR 137-110-0200. (4) The certificate of compliance described in this rule shall substantially comply with the model form provided in Appendix C to these division 110 rules and available as “Form 670” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml. (5) Unless otherwise requested, the service provider shall mail the original certificate of compliance to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the certificate to the grantor(s). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g) Statutes/Other Implemented: 2013 OL Ch. 304, Sec. 5, 6(1)(f) & 6(1)(g) History: DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14 DOJ 6-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14 DOJ 2-2013, f. 1-3-13, cert. ef. 1-7-13 DOJ 10-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13
137-110-0675 Notice That No Certificate of Compliance Will Be Issued (1) If a beneficiary failed to meet a requirement to which the beneficiary was subject under sections 2, 3 or 4 of Oregon Laws 2013, chapter 304, the service provider shall issue a notice explaining why the service provider will not issue a certificate of compliance. (2) The service provider may cancel a resolution conference if, prior to the date the resolution conference first convenes, the grantor and beneficiary agree to cancel the conference and confirm their agreement in writing to the service provider. The service provider shall issue a notice explaining why the service provider will not issue a certificate of compliance. (3) This notice issued under section (1) of this rule shall substantially comply with the model form provided in Appendix D to these division 110 rules and available as “Form 670a” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml. Unless otherwise requested, the service provider shall mail the notice described in this rule to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the notice described in this rule to the grantor(s). (4) Unless otherwise requested, the service provider shall mail the notice described in this rule to the beneficiary(ies) or, if a beneficiary is represented by an attorney, the beneficiary’s attorney. The service provider shall mail a copy of the notice described in this rule to the grantor(s). Statutory/Other Authority: OL 2013, ch. 304, sec 6(1)(f) & 6(1)(g) Statutes/Other Implemented: OL 2013, ch. 304, sec 5, 6(1)(f) & 6(1)(g) History: DOJ 2-2014, f. 1-27-14, cert. ef. 1-31-14
137-120-0020 Determination of Grantor Ineligibility for or Noncompliance With Foreclosure Avoidance Measure (1) A beneficiary may comply with the notice requirements of Oregon Laws 2012, chapter 112, section 4a by using the model form provided in the Appendix to these division 120 rules and available as “Form 20” at http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml. (2) A copy of the notice required by Oregon Laws 2012, chapter 112, section 4a shall be submitted to the Attorney General of Oregon at 1162 Court St. NE, Salem, OR 97301-4096 or foreclosureavoidance@doj.state.or.us. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 2013 OL Ch. 304 & Sec. 6(1)(g) Statutes/Other Implemented: 2013 OL Ch. 304 & Sec. 9 History: DOJ 3-2014, f. 1-27-14, cert. ef. 1-31-14 DOJ 7-2013(Temp), f. 7-22-13, cert. ef. 8-4-13 thru 1-31-14 DOJ 1-2013, f. 1-3-13, cert. ef. 1-7-13 DOJ 11-2012(Temp), f. 7-6-12, cert. ef. 7-11-12 thru 1-6-13
137-140-0020 Definitions As used in OAR 137-140-0010 to 137-140--0070, the following definitions apply: (1) “Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. “Biological evidence” includes the contents of a Sexual Assault Forensic Evidence (SAFE) kit. (2) “Buccal” and “buccal swab” means the collection of DNA from the cells and saliva contained on the inside of a person’s cheek or mouth by means of a sterile cotton swab. (3) “Chain of custody” means written or electronic continuous chronological documentation of the seizure, custody, control, transfer, analysis, access to, and disposition of biological evidence. (4) “Convicted” includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS 419C.005. (5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” includes a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.370. “Correctional facility” includes a youth correctional facility as defined in ORS 420.005 and a detention facility as defined in ORS 419A.004. (6) “Covered offense” means: (a) Aggravated murder under ORS 163.095; (b) Murder under ORS 163.115; (c) Manslaughter in the first degree under ORS 163.118; (d) Manslaughter in the second degree under ORS 163.125; (e) Aggravated vehicular homicide under ORS 163.149; (f) Rape in the first degree under ORS 163.375; (g) Sodomy in the first degree under ORS 163.405; or (h) Unlawful sexual penetration in the first degree under ORS 163.411. (7) “Custodian” means a law enforcement agency as defined in ORS 131.550, or any other person or public body as defined in ORS 174.109, that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. “Custodian” does not include a court. (8) “DNA” means deoxyribonucleic acid. (9) “Sentence” means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board. (10) “Store” and “Storage” means the time between the initial collection of biological evidence and the expiration of the retention periods for biological evidence under ORS 133.707 and these administrative rules. (11) “Victim” has the meaning given that term in ORS 131.007. Statutory/Other Authority: ORS 133.709 Statutes/Other Implemented: ORS 133.705-133.717 History: DOJ 9-2015, f. 8-31-15, cert. ef. 9-1-15
137-140-0030 Safety, Contamination Prevention, and Security of Biological Evidence (1) Custodian personnel who routinely collect, retain, preserve, and catalogue biological evidence are encouraged to submit a DNA elimination standard to the Oregon State Police Forensic Services Division for DNA profiling in order to be ruled out as a possible source of contamination of a particular item of biological evidence. (2) Custodians collecting, retaining and preserving biological evidence should follow best scientific practices. Custodians should avoid: (a) Over-handling biological evidence in order to minimize loss of evidence and exposure to possible contaminants; (b) Touching the tips of collection swabs with any individual’s fingers or other items except the substrate from which a sample is to be taken; (c) Contaminating collection swabs by getting them dirty, talking over them, sneezing on them, or blowing on them to make samples dry faster; (d) Touching water droppers or other bottle tips to any surface or biological evidence; (e) Allowing tape edges of adhesive lift material from contacting any unclean or contaminated surfaces; and (f) Licking envelope seals. (3) Security. The security and integrity of collected biological evidence is the responsibility of the custodian and all personnel who may identify, collect, package, store, transport, or examine such evidence. Custodians shall keep all biological evidence in a secure, controlled-access area, protected from loss, damage, or contamination. Statutory/Other Authority: ORS 133.709 Statutes/Other Implemented: ORS 133.705-133.717 History: DOJ 9-2015, f. 8-31-15, cert. ef. 9-1-15
137-140-0040 Documentation Guidelines for Biological Evidence (1) When a custodian initiates a criminal investigation, custodian personnel should create a written or electronic file specific for that case in order to contain case documentation of biological evidence for the length of time required by these administrative rules and prevailing law. (2) Custodians should document the following information regarding biological evidence: (a) The techniques used for the detection and collection of the evidence; (b) Date of collection; (c) Name of persons collecting the evidence; (d) A descriptive listing of the evidence collected; (e) A unique identifier of each item of evidence collected such as an item number and case number; (f) The location where each item of evidence was collected which should be documented by notes, sketches, measurements, photographs, or other similar items; and (g) Any additional information that the custodian or law enforcement agency deems appropriate. (3) Custodians shall initiate and maintain a continuous chain of custody for each item of biological evidence from the time of evidence collection until the time the evidence is admitted into court and from a court’s return of the evidence to the custodian’s custody until the expiration of the retention periods specified in ORS 133.707 and these administrative rules. Statutory/Other Authority: ORS 133.709 Statutes/Other Implemented: ORS 133.705-133.717 History: DOJ 9-2015, f. 8-31-15, cert. ef. 9-1-15
137-140-0060 Storage and Preservation of Biological Evidence (1) Custodians shall use best evidence practices when storing and preserving biological evidence. (2) Custodians should consider such factors as environmental and ambient conditions when storing biological evidence in order to ensure the isolation, security and integrity of the evidence for future DNA testing through the retention periods specified in ORS 133.717 and these administrative rules. Custodians should contact the Oregon State Police Forensic Services Division for questions about appropriate techniques for storing unique items of biological evidence. Statutory/Other Authority: ORS 133.709 Statutes/Other Implemented: ORS 133.705-133.717 History: DOJ 9-2015, f. 8-31-15, cert. ef. 9-1-15
137-140-0070 Retention Periods for Biological Evidence (1) Custodians shall retain biological evidence for any covered offense for the periods specified in ORS 137.707. (2) Custodians should confirm with the local district attorney whether a person convicted of a covered offense has served the person’s sentence. (3) Custodians shall use the form provided in Appendix A to seek early disposal of biological evidence. (4) Custodians shall not dispose of biological evidence without a signed order from a court. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 133.709 Statutes/Other Implemented: ORS 133.705-133.717 History: DOJ 9-2015, f. 8-31-15, cert. ef. 9-1-15
141-001-0000 Notice of Proposed Rule The purpose of this rule is to provide a reasonable opportunity for interested persons to be notified of the proposed actions of the State Land Board and/or the Department of State Lands. Prior to the adoption, amendment, or repeal of any rule, the State Land Board and/or the Department of State Lands will give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; (2) By e-mailing or mailing a copy of the notice to persons on the State Land Board's and/or Department of State Lands' mailing list established pursuant to ORS 183.335(8) at least 28 days prior to effective date; (3) By mailing a copy of the notice to persons referred to in ORS 183.335(15) at least 49 days before the effective date; (4) By mailing or e-mailing a copy of the notice to The Associated Press and to any interested parties identified as being specifically affected by the rulemaking, including cities, counties, other government agencies, organizations or business associations. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 & 273.045 History: DSL 2-2020, minor correction filed 02/20/2020, effective 02/20/2020 DSL 6-2008, f. & cert. ef. 12-10-08 DSL 4-2005, f. 11-3-05, cert. ef. 11-15-05 DSL 3-2005(Temp), f. 5-18-05, cert. ef. 5-19-05 thru 11-15-05 LB 32, f. & ef. 11-18-75
141-001-0005 Model Rules for Rulemaking Pursuant to ORS 183.341, the Department of State Lands and the State Land Board adopt by reference the Attorney General's Model Rules for Rulemaking (OAR 137-001) in effect January 1, 2023. Statutory/Other Authority: ORS 183.341 & ORS 273.045 Statutes/Other Implemented: ORS 183.333 & ORS 183.341 History: DSL 3-2023, amend filed 10/13/2023, effective 10/13/2023 DSL 6-2008, f. & cert. ef. 12-10-08 DSL 4-2005, f. 11-3-05, cert. ef. 11-15-05 DSL 3-2005(Temp), f. 5-18-05, cert. ef. 5-19-05 thru 11-15-05 DSL 3-2002, f. & cert. ef. 4-24-02 DSL 7-1998, f. & cert. ef. 7-15-98 LB 1-1994, f. & cert. ef. 4-13-94 LB 2-1992, f. & cert. ef. 6-15-92 LB 4-1989, f. & cert. ef. 7-25-89 LB 4-1983, f. & ef. 12-23-83 LB 1-1982, f. & ef. 2-25-82 LB 1-1980, f. & ef. 2-20-80 LB 2-1978, f. & ef. 4-20-78 LB 35, f. & ef. 1-6-76 LB 13, f. 1-21-74, ef. 2-11-74 LB 10, f. 11-15-71, ef. 12-1-71
141-001-0007 Model Rules of Procedures for Contested Case Hearings Pursuant to ORS 183.341, The Department of State Lands and the State Land Board adopt by reference the Attorney General’s Model Rules of Procedures for Contested Cases (OAR 137-003) in effect January 1, 2023. Statutory/Other Authority: ORS 183.341 & ORS 273.045 Statutes/Other Implemented: ORS 183.333 & ORS 183.341 History: DSL 3-2023, adopt filed 10/13/2023, effective 10/13/2023
141-001-0010 Contested Case Hearings Procedures for contested case hearings for the Department of State Lands are provided in the Model Rules of Procedure, OAR 137-003-0501 to 137-003-0700 by the Office of Administrative Hearings. The rules in this division (001) are subject to the approval of the Attorney General and are intended to supplement the Model Rules of Procedure providing additional guidance for conduct of contested case hearings. An officer or employee of the Department is authorized to appear on behalf of the agency with the following restrictions in hearings conducted before another agency: (1) The agency representative may not make legal argument on behalf of the agency. (2) Legal argument as used in ORS 183.452(3) and this rule has the same meaning as in OAR 137-003-0008(1)(c) and (d). (3) When an agency officer or employee represents the agency, the presiding officer will advise such representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the presiding officer will provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing. Statutory/Other Authority: ORS 183.413 - 183.470 Statutes/Other Implemented: ORS 183.341 & 273.045 History: DSL 6-2008, f. & cert. ef. 12-10-08 LB 1-1995, f. & cert. ef. 2-15-95
141-001-0020 Model Rule for Mediation Confidentiality Pursuant to ORS 183.341 and ORS 36.224, the Department of State Lands and the State Land Board adopt by reference the Attorney General’s Model Rule for Mediation Confidentiality (OAR 137-005-0052) in effect January 1, 2023. Statutory/Other Authority: ORS 36.224, ORS 183.341 & ORS 273.045 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232 History: DSL 3-2023, amend filed 10/13/2023, effective 10/13/2023 DSL 6-2008, f. & cert. ef. 12-10-08 DSL 4-2005, f. 11-3-05, cert. ef. 11-15-05 DSL 3-2005(Temp), f. 5-18-05, cert. ef. 5-19-05 thru 11-15-05
141-005-0000 Definitions (1) “Regular Meeting” means any convening of the board, other than a special meeting, emergency meeting, or executive session, to conduct normal business, make decisions, or deliberate toward a decision on any matter. (2) “Special Meeting” means a convening of the board to make decisions or deliberate toward a decision on any matter requiring attention prior to the next regular meeting of the board, but not in less than 24 hours. (3) “Emergency Meeting” means a convening of the board to deliberate or make decisions on any matter requiring attention in less than 24 hours. (4) “Executive Session” means any meeting or part of a meeting of the board that is closed to members of the public, other than members of the press or other reporters in accordance with and as provided by OAR 141-005-0040. Statutory/Other Authority: ORS 273.035(1) Statutes/Other Implemented: ORS 273.035 History: LB 1-1990, f. & cert. ef. 3-19-90
141-005-0005 Regular Meetings (1) The Regular meetings of the State Land Board shall be scheduled on a date, and held at a time and location acceptable to the Board members. (2) Proper Notice of regular meetings shall consist of: (a) Personal Notice to each member of the board at least six days prior to the meeting or rescheduled regular meeting; (b) Public Notice at least six days prior to the regular meeting date, as follows: (A) Notices by mail to wire services and to newspapers, radio, and television stations who have requested to be notified; (B) Press releases as appropriate to other wire services, newspapers, radio and television stations; (C) Notice by mail to any person or organization on a mailing list maintained for notice purposes pursuant to ORS 192.640; (D) Notice by mail to any person who has asked to be advised when a particular matter will be considered by the board. (3) The Notice shall contain a copy of the agenda of the meeting or a summary of the matters to be considered at the meeting. However, this shall not limit the ability of the board to consider additional subjects. Statutory/Other Authority: ORS 192 & 273.035(1) Statutes/Other Implemented: ORS 273.035 History: LB 1-1990, f. & cert. ef. 3-19-90, Renumbered from 141-005-0000 LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0100 LB 11, f. 10-12-73, ef. 11-11-73 LB 1-1990, f. & cert. ef. 3-19-90
141-005-0010 Cancellation of a Meeting If there is sufficient time, notice of cancellation of a meeting for which notice has been given shall be given to the same parties and in the same manner as was the notice of the scheduled meeting. If unforeseen circumstances preclude timely notice of cancellation in such a manner, notification shall be given by means reasonably calculated to give actual notice of cancellation. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0105 LB 11, f. 10-12-73, ef. 11-11-73
141-005-0020 Special Meetings (1) A special meeting of the State Land Board may be called at any time by the Governor or by a majority of the members of the board. (2) Notice shall be given to members of the board at least 24 hours prior to the special meeting. Interested persons, wire services, newspapers, radio and television stations, and the general public shall be given notice 24 hours before the special meeting by means reasonably calculated to give actual notice under the circumstances. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0110 LB 11, f. 10-12-73, ef. 11-11-73
141-005-0030 Emergencies In case of an emergency, a meeting of the State Land Board may be canceled, or a meeting may be held upon such notice as is appropriate and reasonable under the circumstances. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0115 LB 11, f. 10-12-73, ef. 11-11-73