justicedao/ipfs_state_laws huggingface dataset:
137-090-0160 Purging All information in the Criminal Intelligence file is eventually removed and destroyed. Its removal and destruction is in accordance with the following purge and destruction criteria: (1) Purging Constraints: All file material selected for purging and destruction will only be removed and destroyed when it meets the requirements of these rules. (2) Purge Criteria: Information is only purged when it is: (a) No longer useful; (b) No longer relevant; (c) Invalid; (d) Inaccurate; (e) Beyond retention period; (f) Unverifiable; or (g) Inconsistent with mission. (3) Purging Process: The first step for determining which documents in file require purging begins with their selection according to purge criteria as described in section (2) of this rule. (4) Process for Retention: When the CIUS wishes to retain information which has been recommended for purge, he/she must substantiate his/her reasons for retention to the Chief Investigator. Final decision on retention is made by the Attorney-in-Charge of the Organized Crime Section. In matters of great exception, the final decision will be made by the Chief Counsel of the Criminal Justice Division. (5) Retention Period: Any information ordered retained will be placed in the permanent section of the central file for a new retention period of five years from date of re-entry. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0170 Destruction Material purged from the criminal intelligence file shall be removed and destroyed under the supervision of the CIUS. Removal and destruction will be accomplished electronically consistent with statutes and rules relating to destruction of public records. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4) & 387.805 et seq. History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0180 File Integrity Officer The CIUS will be CIU’s File Integrity Officer. In this capacity, the CIUS is responsible for the contents of all intelligence files in the CIU and for their compliance with these rules. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3) & (4), 181.575 & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0190 File Room Requirements (1) The CIUS shall adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to information contained in the CIU criminal intelligence files. (2) The CIUS shall restrict access to CIU facilities, operating environment and documentation to organizations and personnel authorized by these rules. (3) The CIUS shall institute procedures to protect criminal intelligence information from unauthorized access, theft, sabotage, fire, flood, or other natural or manmade disaster. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3) & 180.610(4) History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0200 File Index Number System (1) General Information: (a) The CIU’s criminal intelligence files are indexed according to a modified Dewey Decimal System. In the CIU’s system, file categories and sub-categories are separated by decimal points; (b) File categories are created or deleted at the request of CIU personnel as needs arise for more crime topic areas. The list of authorized crime topics is always in a state of change. A request for a change in the index system is first brought to the attention of the CIUS through the use of the memorandum. If approved by the CIUS, the index system is altered to reflect the change and an updated file index list is distributed to all CIU personnel possessing copies of file guidelines. (2) Crime Topic: (a) Crime topics are those authorized for collection, storage, and dissemination according to the mission of the CIU. The crime topics list is classified confidential and is not to be duplicated or released outside the CIU without the express authorization of the CIUS. The list is for official staff use only; (b) The crime topics list is not to be removed from the CIU file room without the approval of the CIUS. (3) Use of Index Numbers: The file category, general, is only used when there is insufficient data available to indicate a more specific index selection. (4) Spread of Index Numbers: The index system is displayed as several independent groupings of numbers separated by decimal points. The following defines the various groupings. (a) Group 1 (Mission): Index numbers in the first position represent the subject of the file. As examples are the following: 10. Political Corruption; 20. Major Financial Crimes; 30. Traditional Organized Crime; 40. Emerging Criminal Gangs and Street Gangs; 50. General; (b) Group 2 (Crime Group): Index numbers in the second position represent documented, definable criminal organizations. (b) Group 3 (Crime): Index numbers in the third position represent crime the subject is involved in; (c) Group 4 (Geographic Assignment): Index numbers in the fourth position represent geographic areas; (d) Group 5 (File Position): Index numbers in this last group represent the document’s position in the file. The numbers are assigned chronologically. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3) & (4) History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0220 Statement of Understanding (CJD Form 34) All Criminal Justice Division employees who are assigned to the Criminal Intelligence Unit shall read these rules and sign an understanding of such. All persons authorized to access criminal intelligence information as provided in these rules shall agree to follow procedures regarding information receipt, maintenance, security, and dissemination which are consistent with these rules. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3) & (4), 181.575, 387.805 et seq. & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0225 Transition Procedures The handling of “hard-copy” criminal intelligence information submitted to the CIU prior to the effective date of these amended rules shall be governed by the provisions of former OAR 137, division 90, adopted in September 1989. Once the information has been entered into the electronic database in compliance with these amended rules, adopted on August 8, 2000, the hard copy files may be purged and destroyed. Statutory/Other Authority: ORS 180 & 357.805 et seq. Statutes/Other Implemented: ORS 180.610, 181.575 & 357.805 et seq. History: DOJ 11-2000, f. & cert. ef. 8-9-00
137-095-0010 Background and Purpose of Guidelines for Prosecution of Environmental Crimes The 1993 legislature adopted Senate Bill 912 (codified as ORS 468.920–468.963), which establishes criminal penalties for certain violations of environmental laws. Section 19 of Senate Bill 912, ORS 468.961, provides that the district attorney of each county shall adopt written guidelines for filing felony criminal charges under Senate Bill 912. It also requires the Attorney General to adopt model guidelines that district attorneys may adopt as their written guidelines. These model guidelines address each of the factors listed in ORS 468.961(2). Statutory/Other Authority: ORS 468.961 Statutes/Other Implemented: ORS 468.961 History: JD 3-1994, f. & cert. ef. 6-16-94
137-095-0020 General Principles for Prosecutors to Consider (1)(a) Each of the acts that Senate Bill 912 makes a felony also violates a civil regulatory statute or administrative rule. For most violations, administrative remedies and civil penalties are an appropriate and adequate response. For some violations, however, criminal sanctions are necessary adequately to punish offenders and to deter similar conduct in the future by the violator or others. For still other violations, both civil/administrative and criminal remedies may be appropriate; (b) These guidelines are intended to assist prosecutors in deciding when to file criminal charges. Prosecutors are to coordinate with local, state and federal regulatory agencies in making those decisions. Frequently, those agencies may be able to provide the prosecutor with the most accurate information about the degree of harm caused by a violation, the violator’s past record of compliance or noncompliance with the law, the appropriate regulatory agency’s past handling of similar violations, and other information pertinent to the decision to file or not to file criminal charges. (2) For purposes of these guidelines the term “person” includes corporations. The term “prosecutor” includes district attorneys and the Attorney General. (3)(a) The decision to prosecute or not to prosecute a particular violation of environmental laws is a matter of prosecutorial discretion to be exercised in light of the specific circumstances of each case. The guidelines are intended to promote consistency by making sure that all prosecutors consider the same factors before initiating a prosecution under Senate Bill 912. The intent of the guidelines is to guide the prosecutor’s exercise of discretion, however, not to replace it with a formula; (b) The statute requires prosecutors to consider and apply the guidelines before initiating a prosecution, but the weight to be given each factor is a matter of prosecutorial discretion to be determined on a case-by-case basis. The prosecutor’s certification in accordance with ORS 468.961(4) establishes conclusively that the prosecutor has applied the guidelines as required by statute and that the criminal charges are being filed in accordance with the guidelines. (4) The factors listed in ORS 468.961(2) are nonexclusive. In appropriate cases, prosecutors should also consider additional factors, such as: (a) The probable efficacy and enforceability of civil penalties and remedial orders; (b) The impact of criminal prosecution on civil regulatory objectives, including prompt remediation of pollution and its effects; (c) The likelihood that a prosecution will result in a conviction; (d) The probable sentence if a conviction is obtained; and (e) The cost of a prosecution, the resources available to the prosecutor, and the severity of the offense compared to other offenses that would not be prosecuted if the prosecutor uses available resources to prosecute an offense under Senate Bill 912. Statutory/Other Authority: ORS 468.961 Statutes/Other Implemented: ORS 468.961 History: JD 3-1994, f. & cert. ef. 6-16-94
137-100-0010 Appointment of Issuer of Satisfactions The Attorney General hereby appoints the following as the Issuer of Satisfactions for purposes of issuing a satisfaction of judgment to an applicant as authorized by ORS 137.452(1)(a)(A): (1) The primary Issuer of Satisfactions shall be the District Attorney or Deputy District Attorney in the county in which the original judgment was entered; (2) If the District Attorney declines to participate as an Issuer of Satisfactions, the Department of Justice may become that county's Issuer of Satisfactions. A District Attorney who declines to participate in a particular instance should refer the applicant to the Department of Justice in Salem. A District Attorney who declines to participate shall submit in writing to the Department of Justice a request that the Department of Justice handle all Satisfactions for that county. The District Attorney will then provide the applicant with the appropriate forms and refer the applicant to the Department of Justice in Salem. Statutory/Other Authority: ORS 137.452 Statutes/Other Implemented: ORS 137.452 History: DOJ 6-2001, f. & cert. ef. 8-24-01 JD 12-1991, f. & cert. ef. 12-23-91 JD 10-1990, f. & cert. ef. 12-13-90 JD 7-1990(Temp), f. & cert. ef. 8-20-90
137-100-0015 Appointment of Issuer of Releases The Attorney General hereby appoints the following as the Issuer of Releases for purposes of issuing a release of judgment to an applicant as authorized by ORS 137.452(1)(a)(B): (1) The primary Issuer of Releases shall be the District Attorney or Deputy District in the county in which the original judgment was entered; (2) If the District Attorney declines to participate as an Issuer of Releases, the Department of Justice may become that county's issuer of Releases. A District Attorney who declines to participate shall submit in writing to the Department of Justice a request that the Department of Justice handle all Releases for that County. The District Attorney will then provide the applicant with the appropriate forms and refer the applicant to the Department of Justice in Salem. Statutory/Other Authority: ORS 137.452 Statutes/Other Implemented: ORS 137.452 History: DOJ 6-2001, f. & cert. ef. 8-24-01
137-105-0001 Definitions The following definitions shall apply to all Oregon Administrative Rules contained in division 105 unless the context requires otherwise: (1) "Brand Family" has the meaning given that term in ORS 180.405. (2) "Cigarette" has the meaning given that term in ORS 323.800. (3) "Certification" means the information required to be provided to the Attorney General under ORS 180.410 and 180.415. (4) "Directory" means the listing of tobacco product manufacturers that have provided current and accurate certifications pursuant to the provisions of ORS 180.425. (5) "Distributor" has the meaning given that term in ORS 180.405(3). (6) "NPM Distributor report" means the information required to be provided to the Attorney General under ORS 180.435(1). (7) "Equity assessment" means the payment required by Oregon Laws 2023, chapter 401, section 8. (8) "Escrow deposit" means deposits required to be made into a qualified escrow fund pursuant to ORS 323.806(2)(a). (9) “Little Cigar” means a roll for smoking that is of any size or shape and that is made wholly or in part of tobacco, irrespective of whether the tobacco is pure or flavored, adulterated or mixed with any other ingredient, if the roll has a wrapper made wholly or in greater part of tobacco and if 1,000 of these rolls collectively weigh not more than three pounds. (10) "Master Settlement Agreement" has the meaning given that term in ORS 323.800. (11) "Participating manufacturer" has the meaning given that term in ORS 180.405. (12) "Qualified escrow fund" has the meaning given that term in ORS 323.800. (13) "Tobacco product manufacturer" has the meaning given that term in ORS 323.800. (14) "Units Sold" has the meaning given that term in ORS 323.800. Statutory/Other Authority: ORS 180.445 Statutes/Other Implemented: ORS 180.445 History: DOJ 4-2024, amend filed 01/30/2024, effective 02/01/2024 DOJ 10-2021, amend filed 07/21/2021, effective 07/21/2021 DOJ 2-2021, temporary amend filed 01/22/2021, effective 01/22/2021 through 07/20/2021 DOJ 13-2016, f. & cert. ef. 11-17-16 DOJ 9-2004, f. & cert. ef. 5-25-04
137-105-0025 Model Escrow Agreement (1) The model escrow agreement set forth in OAR 137-105-0025(2) is provided for use by tobacco product manufacturers who are required to execute a qualified escrow agreement. A tobacco product manufacturer that executes the model escrow agreement set forth in OAR 137-105-0025(2) is deemed to have satisfied the requirement of ORS 180.415(2)(b) that it use a form of escrow agreement that has been reviewed and approved by the Attorney General. (2) [Model Escrow Agreement] [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 180.415(2)(b) Statutes/Other Implemented: ORS 180-415(2)(b) History: DOJ 13-2016, f. & cert. ef. 11-17-16 DOJ 7-2016(Temp), f. & cert. ef. 5-23-16 thru 11-18-16
137-105-0030 Distributor Reports (1) No later than the 15th day following the end of each month, each distributor shall report to the Attorney General the total number of cigarettes, little cigars, and ounces of roll your own tobacco sold in the reporting month on which the distributor affixed tax stamps or otherwise paid the tax due during the reporting month. (2) Reports under section 1 of this rule should not include cigarettes, little cigars, or roll your own tobacco that were tax paid at the time the distributor acquired them. (3) In making the reports required by section 1 of this rule, the distributor shall certify that the information provided is true and accurate. (4) The Department of Justice shall promulgate a form entitled Brand Specific Report for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for All Manufacturers. Distributors shall use the Brand Specific Report for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for All Manufacturers form for reports required by section 1 of this rule. Brand Specific Report for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for All Manufacturers forms shall be mailed to Department of Justice, Civil Enforcement, 1162 Court Street NE, Salem, Oregon 97301. Statutory/Other Authority: ORS 180.445 History: DOJ 7-2017, amend filed 10/25/2017, effective 11/01/2017 DOJ 13-2016, f. & cert. ef. 11-17-16 DOJ 9-2004, f. & cert. ef. 5-25-04
137-105-0040 Calculation of Time for Purposes of These Rules In computing any period of time prescribed or allowed by these rules, the period shall be calculated as provided in Oregon Rule of Civil Procedure 10A. Statutory/Other Authority: ORS 180.445 History: DOJ 9-2004, f. & cert. ef. 5-25-04
137-105-0065 Little Cigars (1) Every manufacturer of little cigars shall provide the Department of Justice with the following information: (a) A list of brand families of little cigars that were sold in Oregon during the preceding calendar year; (b) A list of brand families of little cigars that have been sold in Oregon at any time during the current calendar year; and (c) The name and address of all distributors that the manufacturers used during the preceding calendar year or intends to use during the current calendar year to distribute little cigars in Oregon. (2) The Department of Justice shall promulgate a form for manufacturers of little cigars to make the reports required by paragraph (1). This report is due annually by March 1, or more often if changes are made to packaging and the list of brand families. Statutory/Other Authority: ORS 180.450 & ORS 323.800 History: DOJ 11-2021, adopt filed 07/26/2021, effective 07/26/2021
137-106-0001 Definitions The following definitions shall apply to all Oregon Administrative Rules contained in division 106 unless the context requires otherwise: (1) "Distributor" has the meaning given that term in ORS 180.468. (2) " Distributor report" means the information required to be provided to the Attorney General under ORS 180.483. (3) “Nonparticipating manufacturer” has the meaning given that term in ORS 180.468. (4) "Participating manufacturer" has the meaning given that term in ORS 180.468. (5) "Smokeless Master Settlement Agreement" has the meaning given that term in ORS 323.810. (6) “Smokeless Tobacco Products” has the meaning given that term in ORS 323.810. (7) "Tobacco product manufacturer" has the meaning given that term in ORS 323.810. Statutory/Other Authority: ORS 180.477 & 180.483 Statutes/Other Implemented: ORS 180.477 & 180.483 History: DOJ 14-2016, f. & cert. ef. 11-17-16
137-106-0030 Distributor Reports (1) No later than the 20th day following the end of each calendar quarter, each distributor shall report to the Attorney General the total number of smokeless tobacco products sold on which the distributor paid the tax due during the reporting month. (2) Reports under section 1 of this rule should not include smokeless tobacco products that were tax paid at the time the distributor acquired them. (3) In making the reports required by section 1 of this rule, the distributor shall certify that the information provided is true and accurate. (4) The Department of Justice shall promulgate a form entitled Quarterly Brand Specific Report for Smokeless Tobacco Products with Oregon Tax Paid for All Manufacturers. Distributors shall use the Quarterly Brand Specific Report for Smokeless Tobacco Products with Oregon Tax Paid for All Manufacturers form for reports required by section 1 of this rule. Quarterly Brand Specific Report for Smokeless Tobacco Products with Oregon Tax Paid for All Manufacturers forms shall be mailed to Department of Justice, Civil Enforcement, 1162 Court Street NE, Salem, Oregon 97301. Statutory/Other Authority: ORS 180.477 & 180.483 Statutes/Other Implemented: ORS 180.477 & 180.483 History: DOJ 14-2016, f. & cert. ef. 11-17-16
137-106-0040 Calculation of Time for Purposes of These Rules In computing any period of time prescribed or allowed by these rules, the period shall be calculated as provided in Oregon Rule of Civil Procedure 10A. Statutory/Other Authority: ORS 180.477 & 180.483 Statutes/Other Implemented: ORS 180.477 & 180.483 History: DOJ 14-2016, f. & cert. ef. 11-17-16
137-110-0010 Definitions As used in these division 110 rules: (1) “Foreclosure avoidance facilitator roster” means the roster of qualified facilitators maintained by the service provider. (2) “Oregon Foreclosure Avoidance Program” means the resolution conference program established under Oregon Laws 2013, chapter 304. (3) “Party” means the grantor, the beneficiary and the beneficiary’s agent if the beneficiary authorizes the agent to appear on the beneficiary’s behalf at the resolution conference. (4) “Service provider website” means an internet-based system maintained by the service provider at http://www.foreclosuremediationor.org and designed to facilitate the exchange of necessary program-related documents and other information. Statutory/Other Authority: 2013 OL Ch. 304 Statutes/Other Implemented: 2013 OL Ch. 304 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