justicedao/ipfs_state_laws huggingface dataset:
740-055-0140 Out-of-State Farm Verification (1) All out-of-state persons claiming a farm exemption from ORS Chapter 825 under 825.024 shall: (a) Obtain a temporary pass from the Oregon Department of Transportation and pay highway use tax at the time of entry into Oregon; (b) Complete the Out-of-State Farm Verification form and have their appropriate tax assessor or other authorized official sign and notarize it; and (c) Carry a copy of the approved Out-of-State Farm Verification form and current authorization letter in all vehicles claiming the exemption. (2) The Out-of-State Farm Verification form shall be valid for two years from date of approval by the agency unless sooner revoked by the Department. (3) Upon receipt of a valid Out-of-State Farm Verification, the Oregon Department of Transportation shall reimburse fees paid by qualified farmers provided the verification complies with ORS 825.024, and the claim is submitted within 90 days of the date the temporary pass was obtained. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 823.011 & 825.024 Statutes/Other Implemented: ORS 825.024 History: MCTB 2-1998, f. & cert. ef. 8-20-98 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0058 PUC 22-1984, f. & cert. ef. 10-16-84, (Order No. 84-806)
740-055-0150 Records — General — Household Goods (1) Carriers authorized to transport household goods shall keep and maintain complete and comprehensive records of all business transactions as set forth in the prescribed Uniform System of Accounts. (2) All papers, books, accounts, payroll, records, time records, bills, invoices, notes, mortgages, memoranda, correspondence files, vouchers, journals, ledgers, contracts, leases and agreements, operating and statistical statements or exhibits, stock books, minutes of meetings of directors, trustees and/or stockholders, records of mileage operated, annual or other periodic or special reports, working sheets or papers and all other papers and records disclosing or appertaining to operations of holders of certificates or permits authorizing transportation of household goods shall be maintained and shall at all reasonable times be available for examination, inspection and audit by the Oregon Department of Transportation and its authorized representatives. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 823.029, 825.200, 825.202, 825.212 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0063 PUC 5-1982, f. & cert. ef. 3-15-82, (Order No. 82-162) PUC 1-1982(Temp), f. & cert. ef. 2-3-82, (Order No. 82-080) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0063 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332)
740-055-0180 Certified Scale Weights Required Actual weight of shipments of household goods must be obtained by having such shipments weighed over a certified scale whenever scale is available at point of origin, destination or enroute. The scale ticket shall be attached to the carrier’s copy of the freight bill and be retained as a part of the carrier’s records. Statutory/Other Authority: ORS 823.011, 825.202 & 825.224 Statutes/Other Implemented: ORS 825.202 & 825.224 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0069 PUC 12-1986, f. & cert. ef. 10-2-86, (Order No. 86-1026) PUC 9-1986(Temp), f. & cert. ef. 8-19-86, (Order No. 86-831) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0069 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332)
740-055-0190 Record of Receipts and Disbursements (1) Household goods carriers shall maintain a record of all moneys received from any source. The record shall show the date received, amount received, from whom received, number of freight bills being paid or description of service rendered for which payment is received, and any other pertinent information necessary to explain the transaction. The record shall show whether amount collected is retained as cash on hand or deposited in the bank and the account to be credited with the amount of collection. (2) Household goods shall keep and maintain a complete and accurate record of all moneys disbursed in conducting their operations whether such disbursements are made in cash or by check: (a) The record must show amount disbursed, a description of what the payment covers, the proper account chargeable and all essential information to identify and explain the disbursement; (b) All bills, invoices, receipts, memoranda and papers supporting and explaining payments must be carefully filed and retained for the prescribed time. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202, 825.204 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0071 PUC 5-1982, f. & cert. ef. 3-15-82, (Order No. 82-162) PUC 1-1982(Temp), f. & cert. ef. 2-3-82, (Order No. 82-080) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0071 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332)
740-055-0210 Ledger and Journal (1) All household goods carriers shall keep and maintain a ledger in which shall be recorded in appropriate accounts the assets, liabilities, capital, surplus, revenues, expenses, other income, other deductions and all other accounts prescribed by the Uniform System of Accounts and necessary to meet the requirements in OAR 740-055-0310 and 740-055-0320. (2) Accounts shall be written up monthly and accruals stated on a monthly basis to permit preparation of financial exhibits from the books of record. (3) All accounts must be closed on December 31 of each year and the profit or loss determined and stated in the books of record. (4) All entries for which special journals have not been provided must be journalized in a general journal before posting to the ledger account. Entries must be fully explanatory and entered in sufficient detail to permit audit at any time. References to supporting papers and records must be specific and such subsidiary records and memoranda shall be filed and retained to support the entries in the general journal. Statutory/Other Authority: ORS 184.616, 814.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202, 825.204, 825.224 & 825.515 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0075 PUC 5-1982, f. & cert. ef. 3-15-82, (Order No. 82-162) PUC 1-1982(Temp), f. & cert. ef. 2-3-82, (Order No. 82-080) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0075 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332)
740-055-0220 Audit and Inspection of Records and Accounts of Motor Carriers (1) Any motor carrier must produce and make available for audit and examination at any reasonable time, within or without this state, the records, accounts, papers, reports and other documents under the carrier’s control. (2) When such records are maintained outside this state by motor carriers engaged in transportation in Oregon, the motor carrier shall reimburse the Department for all expenses incurred by the Department in making audits and examinations of such records and accounts at their out-of-state location. (3) Records maintained by motor carriers outside this state may be presented at a designated place in this state for audit and examination. This may be done at the request of the carrier or by direction of the Department. Such records must be presented by a representative of the carrier who can explain all entries and records and be responsible for their safekeeping. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.202 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0080 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0080
740-055-0320 Carriers of Household Goods For purposes of reporting annual financial information, the Department requires all intrastate for-hire motor carriers of household goods to complete and submit to the Department ODOT Form 735-9208. Operations conducted pursuant to ORS 825.240 are not subject to the reporting requirement in this rule. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202 & 825.234 History: MCTD 8-2005, f. & cert. ef. 12-14-05 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 4-1997, f. & cert. ef. 7-15-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0107 PUC 10-1995, f. & cert. ef. 8-30-95, (Order No. 95-882) PUC 1-1995(Temp), f. & cert. ef. 2-15-95, (Order No. 95-186) PUC 16-1994(Temp), f. 12-28-95, cert. ef. 1-1-95, (Order No. 94-2077) PUC 3-1991, f. & cert. ef. 1-16-91, (Order No. 90-1916) PUC 5-1982, f. & cert. ef. 3-15-82, (Order No. 82-162) PUC 1-1982(Temp), f. & cert. ef. 2-3-82, (Order No. 82-080) PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-038-0107 PUC 171, f. & cert. ef. 12-22-75, (Order No. 75-1028) PUC 160, f. 2-26-74, cert. ef. 1-1-75 (Order No. 74-108)
740-055-0400 Financial Report Forms Required Financial reports will be submitted on the most current form adopted and prescribed by the Department. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.202 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-068-0141 PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-038-0141 PUC 174, f. 3-18-76, cert. ef. 3-20-76, (Order No. 76-109) PUC 160, f. & cert. ef. 2-26-74, (Order No. 74-108) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 142, f. & cert. ef. 3-27-67, (Order No. 43543) PUC 137, f. & cert. ef. 4-13-66, (Order No. 42600) PUC 132, f. & cert. ef. 3-29-65, (Order No. 41035)
740-055-0500 Motor Carriers of Property Except as modified by ORS 825.515, “Preservation of Records,” contained in 49 CFR, Parts 1220-1239, revised as of October 1, 2015, a copy of which is available from ODOT Commerce and Compliance Division, is adopted and prescribed by the Department for all for-hire motor carriers of property. Statutory/Other Authority: ORS 184.619, 823.011, 825.202, 825.232 & 825.515 Statutes/Other Implemented: ORS 825.202, 825.232 & 825.515 History: MCTD 16-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-068-0151 PUC 3-1991, f. & cert. ef. 1-16-91, (Order No. 90-1916) PUC 5-1982, f. & cert. ef. 3-15-82, (Order No. 82-162) PUC 1-1982(Temp), f. & cert. ef. 2-3-82, (Order No. 82-080) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-038-0151 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-65, cert. ef. 5-15-65, (Order No. 42332) PUC 132, f. & cert. ef. 3-29-65, (Order No. 41035) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 50, f. 7-3-58, cert. ef. 7-1-50, (Order No. 24910) PUC 48, f. 7-3-58, cert. ef. 9-1-56, (Order No. 34695) PUC 20, f. 7-3-58, cert. ef. 1-1-36, (Order No. 3143)
740-060-0010 Information for Shippers and General Information Bulletin for Moving Household Goods in Oregon (1) As used in division 60 rules, the term shipper refers to the owner of the household goods, or the owner’s representative. The term carrier refers to the authorized intrastate for-hire motor carrier of household goods. (2) Each carrier must give every prospective shipper an information bulletin titled General Information Bulletin for Moving Household Goods in Oregon ODOT form #735-9943. (3) The text of the information bulletin, “General Information Bulletin for Moving Household Goods in Oregon,” ODOT form # 735-9943 includes the following information: (a) Estimates; (b) Changes to estimates; (c) Underestimates; (d) Bills of Lading: (e) Inventories; (f) Packing, delivery and inspection; (g) Storage needs; (h) Ready to assemble furniture; (i) Levels of protection and valuation options for household goods; (j) Payment to mover; (k) Loss or damage claims; and (L) Complaints. (4) The Mandatory Receipt must contain the following statements: (a) Acknowledgement of receipt of General Information Bulletin for Moving Household Goods in Oregon; (b) Final charges for services are based on rates that have been approved by ODOT and published in a tariff regardless of any estimate of service provided by the carrier. (5) Each carrier must request the shipper to sign and date a Mandatory Receipt to acknowledge receipt of the information bulletin. The signed copy of the Mandatory Receipt must be retained for three years as a part of the carrier’s documentation for the move. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202, 825.204 & 825.224 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCT 4-1997, f. & cert. ef. 7-15-97 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-069-0005 PUC 5-1994, f. & cert. ef. 2-16-94, (Order No. 94-298) PUC 17-1987, f. & cert. ef. 12-31-87, (Order No. 87-1309) PUC 12-1986, f. & cert. ef. 10-2-86, (Order No. 86-1026) PUC 9-1986(Temp), f. & cert. ef. 8-19-86, (Order No. 86-831) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-039-0005
740-060-0020 Inventories (1) An inventory of items will be prepared when requested by the shipper or when household goods are received into storage in transit or permanent storage. (2) The carrier must list any damage or unusual wear. (3) Shippers must be allowed to note in writing on the inventory documents any disagreement with entries regarding damage or unusual wear noted by the carrier. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202, 825.204 & 825.224 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-069-0006 PUC 12-1986, f. & cert. ef. 10-2-86, (Order No. 86-1026) PUC 9-1986(Temp), f. & cert. ef. 8-19-86, (Order No. 86-831)
740-060-0035 Cargo Insurance and Valuation Declaration (1) A carrier is liable for loss or damage to household goods when the property is in its care, custody or control. The required minimum level of cargo insurance coverage is specified in OAR 740-040-0030. The level of liability assumed by the carrier is altered based on the selection of the valuation protection option chosen by the shipper. (2) Prior to beginning any regulated household goods move, a carrier must ensure that the shipper has selected a valuation option. The carrier must provide the shipper with information that clearly explains the different valuation options offered, the charges for each option, and an example comparing the total cost of a move with Full Replacement Cost Protection and with Released Value Protection. (3) All household goods carriers must offer at least the following valuation protection options: (a) Released Value: When the shipper elects the no-additional-cost Released Value option, claims for damage or loss will be settled based on the weight of the article multiplied by the price per pound. If a shipper fails to state a declared value in writing and the shipment is accepted by the carrier, the shipment will be estimated calculating the weight of the shipment as seven pounds per cubic foot of space utilized; (b) Replacement Cost Protection: The shipper must declare a lump sum value of the shipment. Under this option, if any article is lost, destroyed, or damaged while in the carriers custody, the carrier will, at its option, guarantee either replacement of articles lost or damaged, reimbursement for full replacement cost, or satisfactory repairs. (4) If for any reason, the carrier fails to obtain the shipper’s written confirmation of valuation option selection on the bill of lading, and the shipment is accepted for transport, the carrier will provide Replacement Cost Protection at the shipper expense. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202, 825.204 & 825.224 History: MCTD 5-2013, f. & cert. ef. 6-20-13
740-060-0040 Estimates of Charges (1) Estimates must be prepared by the carrier when requested by the shipper. Estimate forms must be retained for three years with the freight bill for inspection by the Department’s staff. Estimates must be: (a) Free of charge; (b) Provided in writing in hard copy or electronic form; (c) Given only after an in-person or virtual inspection as agreed to with the shipper of the household goods to be shipped. If the inspection is performed virtually, the household goods motor carrier must be able to view the household goods through live or pre-recorded video that allows it to clearly identify the household goods to be transported. (d) Non-binding; final charges must be based upon tariff rates filed with the Department; and (e) Accompanied by an addendum when additional services are added and not included in the original estimate. An addendum must be provided at the origin address unless the additional service(s) are required at the destination address. Addendum estimates must be provided in hard copy or electronic form. An addendum estimate must be signed by the shipper. (2) Underestimates for service. A carrier must not provide underestimates for service. An underestimate occurs when the charge assessed by the carrier exceeds the original estimate and addendum estimates for service by more than 10 percent. (3) When full or partial payment is due upon delivery and the total tariff charges exceed estimated and addendum charges by more than 10 percent, a shipper may request deferment of the excess amount for 15 days. The shipper must pay the estimated charges plus 10 percent at the time of delivery. The carrier must relinquish possession of the shipment, when the estimated charges plus 10 percent is received. The 15-day extension does not include Saturdays, Sundays, and holidays as specified in the carrier’s tariff. Statutory/Other Authority: ORS 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202, 825.204 & 825.224 History: MCTD 2-2022, amend filed 09/21/2022, effective 09/21/2022 MCTD 5-2013, f. & cert. ef. 6-20-13 MCTD 2-2013(Temp), f. 1-17-13, cert. ef. 1-18-13 thru 7-15-13 MCT 4-1997, f. & cert. ef. 7-15-97 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-069-0010 PUC 17-1987, f. & cert. ef. 12-31-87, (Order No. 87-1309) PUC 12-1986, f. & cert. ef. 10-2-86, (Order No. 86-1026) PUC 9-1986(Temp), f. & cert. ef. 8-19-86, (Order No. 86-831) PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-039-0010 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507)
740-060-0045 Criminal Background Checks (1) Each carrier must obtain a criminal background check for each employee or any agent representing the carrier whose duties may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods. For the purpose of this rule: (a) Carriers subject to these requirements are referred to as “Subject Employers.” (b) Employees or agents whose duties are described in this rule are referred to as “Subject Individuals.” (c) Criminal background checks must be completed prior to employment of Subject Individual and must be completed every three years. (2) Criminal Background Check means a public record of court actions regarding the Subject Individual covering each state the Subject Individual has resided in the last five years. (a) Subject Employers must require each Subject Individual, as a condition of employment, to sign a release authorizing the Subject Employer to obtain the criminal background check required by this rule; (b) The Department may require Subject Employers to obtain additional criminal background information from law enforcement on Subject Individuals; (c) Criminal background checks must include a list of offenses that the Subject Employee has been convicted in a court of law and the date of each conviction. (3) Subject Employers must certify in their annual report due April 1 of each year that they are in compliance with all rules of the department and provide the following information about criminal history check activities: (a) The number of Subject Individuals on whom criminal history checks were done during the preceding calendar year; (b) The number of criminal history checks resulting in evidence of a criminal history including: (A) Information about what was found without identifying the individual by name; and (B) The Subject Employer’s decision as to whether the Subject Individual was hired, or continued in employment, and if so, an explanation as to why. (4) Subject Individuals may not perform duties which may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods if they have been convicted of any felony within the five years preceding the criminal background check. In addition to any felony conviction, Subject Individuals may not have been convicted of a misdemeanor involving: (a) Theft; (b) Burglary; (c) Sexual conduct; (d) Manufacture, sale or distribution of a controlled substance; (e) Identity theft or (f) False statements. (5) Criminal background checks required by this rule must be retained by the carrier for at least three years from the date obtained. Statutory/Other Authority: 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: 825.202, 825.204, 825.224 & 825.325 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCTD 2-2009, f. & cert. ef. 9-29-09
740-060-0055 Additional Fees Each carrier must pay an annual fee of $100 or .1 percent of its gross revenue derived from Oregon intrastate household goods moving activity in the preceding year, whichever is greater. The fee is due by April 1 and must be reported on a form provided by the Department. A household goods carrier that fails to pay the fee required by the due date will be subject to suspension under ORS 825.139. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.139 & 825.247 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCTD 3-2004, f. 6-24-04, cert. ef. 6-29-04 MCTD 9-2003(Temp), f. 12-12-03, cert. ef. 1-1-04 thru 6-28-04
740-060-0060 Signed Receipt for Shipment — Release Prohibited Shipping documents or other records signed by the shipper to acknowledge delivery must not include language that releases or discharges the carrier from liability. A statement that the property has been received in apparent good condition except as noted may be included on the shipping documents. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 823.101 & 825.224 History: MCTD 5-2013, f. & cert. ef. 6-20-13 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-069-0020 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-039-0020