justicedao/ipfs_state_laws huggingface dataset:
736-002-0052 Hiring or Appointing on a Preliminary Basis (1) The Department may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 736-002-0050 and 125-007-0250. (2) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated prior to completion of a final fitness determination under OAR 736-002-0058, may not appeal the termination under the process provided under 736-002-0102. (3) If a subject individual hired or appointed on a preliminary basis is determined to be not fit upon completion of a final fitness determination, as provided under OAR 125-007-0260(2)(c), then the Department shall immediately terminate the subject individual's employment or appointment. Statutory/Other Authority: ORS 390.124, 390.131, 390.140, ORS 181A.195 & 390.200 Statutes/Other Implemented: ORS 181A.195 History: PRD 2-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 3-2008, f. & cert. ef. 2-15-08
736-002-0058 Final Fitness Determination (1) If the Department elects to conduct a criminal records check, an authorized designee shall make a final fitness determination about a subject individual based on information provided by the subject individual under OAR 736-002-0042(1), the criminal records check(s) conducted, if any, and any false statements made by the subject individual. (2) In making a final fitness determination about a subject individual, an authorized designee shall consider the factors in ORS 181A.195 (10)(d) in relation to information provided by the subject individual under OAR 736-002-0042(1), including any criminal offender information, as defined in OAR 125-007-0210, obtained through a criminal records check and other information known by the Depatment. (3) Possible outcomes of a final fitness determination are provided in OAR 125-007-0260 (2). (a) Approval.An authorized designee shall approve a subject individual if the information reviewed as described in sections (1) and (2) shows none of the following: (A) Evidence that the subject individual has been convicted of, or found guilty of a crime as provided in OAR 125-007-0270; (B) Evidence that the subject individual has a pending indictment for a crime as provided in OAR 125-007-0260(2); (C) Evidence that the subject individual has been arrested for any crime as provided in OAR 125-007-0260(2); (D) Evidence of the subject individual having made a false statement; or (E) Any discrepancies between the criminal offender information and information obtained from the subject individual. (b) Restricted or Conditional Approval as provided in OAR 125-007-0260(2)(b)(A) and (B). (c) Denial as provided in OAR 125-007-0260(2)(c)(A) and (B). (d) Incomplete Fitness Determination as provided in OAR 125-007-0260(2)(d)(A) through (D). (4) Final Fitness Determination. A final fitness determination becomes final unless the affected subject individual appeals by requesting either a contested case hearing or an alternative appeals process as described in OAR 736-002-0102 and OAR 125-007-0300. (5) Reapplication. A new application received from a subject individual, who has received a final fitness determination and been determined to be unfit for an OPRD position or appointment, will not be considered during the same open recruitment period for the same position or volunteer appointment. The final fitness determination will stand pending the outcome of any appeal. No other recourse is available to the subject individual. Statutory/Other Authority: ORS 390.124, 390.131, 390.140, 181A.195 & 390.200 Statutes/Other Implemented: 181A.195 & 390.200 History: PRD 2-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 3-2008, f. & cert. ef. 2-15-08
736-002-0070 Crimes Considered The Department with consider a conviction of any crimes or offenses as provided in OAR 125-007-0270. Statutory/Other Authority: 390.131, 390.140, 181A.195, 390.200 & ORS 390.124 Statutes/Other Implemented: 181A.195 & 390.200 History: PRD 2-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 3-2008, f. & cert. ef. 2-15-08 PRD 3-2004, f. & cert. ef. 1-15-04
736-002-0102 Appealing a Fitness Determination (1) A subject individual may contest a final fitness determination made under OAR 736-002-0058 that he or she is not fit to hold a position with or provide services to the Department as an employee, contractor, licensee, or volunteer in a contested case hearing before the Office of Adminstrative Hearings. (2) Process. (a) A subject individual may appeal a final fitness determination by submitting a written request for a contested case hearing to the address specified in the notice provided under OAR 125-007-0260(2) within 14 calendar days of the date appearing on the notice. The Department shall address a request received after expiration of the deadline as provided under OAR 137-003-0528. (b) When the Department receives a timely request under subsection (a) of this rule, an adminstrative law judge assigned by the Office of Administrative Hearings shall conduct a contested case hearing pursuant to OAR 137-003-0501 to 137-003-0700, as supplemented by the provisions of this rule. (3) Discovery. The Department or an administrative law judge may protect information made confidential by ORS 181A.195(11). (4) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants as provided in OAR 125-007-0300. (5) Proposed and Final Order: (a) Proposed Order. After a hearing, the administrative law judge shall issue a proposed order as provided in OAR 137-003-0645. (b) Exceptions. The subject individual or the subject individual's legal counsel or the Department’s representative may file written exceptions with the Department within 14 calendar days after service of the proposed order. Exceptions will be considered as set forth in OAR 137-003-0650 and 137-003-0655. (c) Default. A final fitness determination made under OAR 736-002-0058 becomes final: (A) Unless the subject individual makes a timely request for a hearing; or (B) When a party withdraws a hearing request, notifies the department or the administrative law judge that the party will not appear, or fails to appear at the hearing. (6) Alternative Process. A subject individual currently employed by the Department may choose to appeal a fitness determination as provided in OAR 125-007-0300. (7) Remedy. The only remedy that may be awarded is a determination that the subject individual is fit, or not fit pursuant to OAR 125-007-0300(8). (8) A subject individual may only challenge Criminal Offender Information as provided in OAR 125-007-0300(7). (9) No Delay in Hiring. As provided in OAR 125-007-0300, an appeal of a fitness determination may not delay or postpone the Department’s hiring process or employment decisions except when the authorized designee, in consultation with the Human Resources Division, decides that a delay or postponement should occur. Statutory/Other Authority: ORS 390.124, 390.131, 390.140, 181A.195 & 390.200 Statutes/Other Implemented: 181A.195 History: PRD 2-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 3-2008, f. & cert. ef. 2-15-08 PRD 3-2004, f. & cert. ef. 1-15-04
736-002-0150 Recordkeeping, Confidentiality, and Retention (1) Recordkeeping: (a) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination file in writing. (b) Written documentation of preliminary or final fitness determination and closing of a fitness determination file shall be retained in the subject individual file for two years after the date of notice. (2) Confidentiality: the Department will keep information obtained in a criminal records check confidential and disseminate only as provided in OAR 125-007-0310 and ORS 181A.195(11). Statutory/Other Authority: ORS 390.124, 390.131, 390.140, ORS 181A.195 & 390.200 Statutes/Other Implemented: ORS 181A.195 History: PRD 2-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 3-2008, f. & cert. ef. 2-15-08 PRD 3-2004, f. & cert. ef. 1-15-04
736-002-0160 Fees (1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. The fee shall not exceed the actual cost of aquiring criminal offender information on the subject individual. (2) The Department shall not charge a fee if the subject individual is a Department employee, a Department volunteer, or an applicant for employment or a volunteer position with the Department. Statutory/Other Authority: ORS 181A.195, 180.267 & 390.200 Statutes/Other Implemented: ORS 181A.195 & 390.200 History: PRD 6-2017, amend filed 11/20/2017, effective 11/20/2017 PRD 3-2008, f. & cert. ef. 2-15-08
736-003-0005 Willamette River Greenway Plan (1) On June 30, 1975, the Oregon Transportation Commission approved the Willamette River Greenway Plan for submission to the Land Conservation and Development Commission. This action constitutes the adoption of an administrative rule by the Commission. This rule is effective upon final approval by the Land Conservation and Development Commission. (See OAR 660-020-0010.) (2) Pursuant to ORS 390.318(2) the plan shows the boundaries of the Willamette River Greenway, the boundaries of lands acquired or to be acquired as state parks and recreation areas within the Greenway, the lands and interests acquired or to be acquired by units of local government, lands within the Greenway for which the acquisition of a scenic easement is sufficient for the purposes of such Greenway, the location of all known subsurface mineral aggregate deposits situated on lands within the Greenway. The segment of the Willamette River covered by the plan is that portion, including all channels, from the confluence with the Columbia River upstream to Dexter Dam and the Coast Fork of the river upstream to Cottage Grove Dam. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.318 & 390.322 History: 1OTC 58, f. 7-3-75, ef. 12-24-75
736-004-0005 Purpose of Rule This rule establishes the procedures and requirements used by the Oregon Parks and Recreation Department (OPRD) when allocating ATV Account monies to public and privately-owned land managers, ATV clubs and organizations; procedures for All-Terrain Vehicle (ATV) off-road operating permit; and implementation of safety and education requirements for Class I, III, and IV off-highway vehicles. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00
736-004-0010 Statutory Authority (1) ORS 390.585 authorizes the Oregon Parks and Recreation Department to adopt rules and establish procedures to be used when OPRD allocates ATV Account money to public and privately-owned land managers, ATV clubs and organizations. (2) OAR 736-004-0045 through 736-004-0070 are adopted pursuant to ORS 390.580, 390.585, and 390.590 which direct the Oregon Parks and Recreation Department to issue Class I, III, and IV Operating Permits to persons who satisfy the statutory requirements to ride on public property. (3) OAR 736-004-0080 through 736-004-0130 are adopted pursuant to ORS 390.570 and 390.575 which direct the Oregon Parks and Recreation Department to issue or provide for issuance of Class I, III, and IV ATV operator permits to any person who has taken a Class I, III or IV OPRD-approved ATV safety education course and has been found qualified to operate a Class I, III, or IV all-terrain vehicle. These statutes require OPRD to provide safety education course instruction through public or private local and state organizations meeting qualifications established by the Department. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00
736-004-0020 ATV Grant Program: Apportionment of Monies Monies in the All-Terrain Vehicle Account shall be used for the following purposes: (1) Planning, promoting and implementing a statewide all-terrain vehicle program including the acquisition, development and maintenance of all-terrain vehicle recreation areas; (2) Education and safety training for all-terrain vehicle operators; (3) Provision of first-aid and police services related to all-terrain vehicle recreation; (4) Paying the costs of instigating, developing, or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas available for all-terrain vehicles; (5) Paying the costs of coordinating between all-terrain vehicle user groups and the managers of public lands; (6) Paying the costs of providing consultation and guidance to all-terrain vehicle user programs; (7) Paying the costs of administration of the all-terrain vehicle programs including staff support provided under ORS 390.565 as requested by the ATV-AC; (8) Paying the cost of law enforcement activities related to the operation of all-terrain vehicles; and (9) Control and eradication of invasive species related to all-terrain vehicle recreation. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 & 390.560 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00
736-004-0030 Project Administration (1) Applications: (a) A current ATV grant application is required for consideration of ATV funding; (b) OPRD will provide information regarding application deadlines and public meetings through available media sources and on the OPRD — ATV website; (c) Applicants must submit applications by published deadlines; (d) OPRD and the ATV-Grant Subcommittee will review applications; (e) The ATV-Grant Subcommittee will recommend ATV project funding to the commission. (2) Agreements: (a) To authorize an ATV Project, OPRD requires a signed ATV Grant Agreement. (b) A project sponsor may not begin work on an ATV project without a Notice to Proceed. (c) OPRD, upon written request by the project sponsor, may approve, in writing, that some match may be considered and allowed prior to commencement of the project. (3) If funds are not available to fully fund a project, or the ATV-Grant Subcommittee has recommended partial funding, the project sponsor may be given the option of reducing the scope of the project. (4) If the project sponsor anticipates the project will not be completed by the expiration date of the ATV grant agreement, the project sponsor must make a timely written request for an extension of the ATV grant agreement prior to the expiration date of the project agreement. The time extension request shall include any reasons for delay of project completion and a new projected completion date. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 6-2007, f. & cert. ef. 7-31-07 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00
736-004-0035 Establishment of the ATV Advisory Committee (1) The commission shall appoint the ATV-AC and the ATV-Grant Subcommittee established by ORS 390.565. In appointing the first members to the ATV-AC, the commission shall specify the end of the term of office for each member consistent with Oregon Laws 2009, chapter 812, section 4(2). (2) The Director shall appoint the ATV-AC Chair and Vice Chair upon consideration of the committee’s recommendations. (3) The Director shall appoint the ATV-Grant Subcommittee Chair and Vice Chair upon consideration of the subcommittee’s recommendations. Statutory/Other Authority: ORS 390.180 & 390.565 Statutes/Other Implemented: ORS 390.180 & 390.565 History: PRD 20-2009, f. & cert. ef. 12-8-09
736-004-0045 ATV Operating Permit Agent Application and Privileges (1) To become an ATV Operating Permit Agent an applicant shall: (a) Submit an application in a form provided by OPRD to become an ATV Operating Permit Agent; (b) OPRD may require the Operating Permit Agent to obtain a bond in an amount determined by OPRD if there is historical evidence of substandard performance by the Operating Permit Agent. (c) Enter into an OPRD agreement to be designated as an ATV Operating Permit Agent. (2) OPRD may consign ATV operating permits to an ATV Operating Permit Agent without prepayment. (3) OPRD will establish by policy an amount the ATV Operating Permit Agent may retain for each permit issued in addition to the regular costs of the permit, to cover the agent's costs to handle the permits. (4) ATV Operating Permit Agents shall legibly complete each ATV operating permit with the required information. (5) OPRD may cancel an agent's authority to act as an ATV Operating Permit Agent at any time. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 8-2000, f. & cert. ef. 6-2-00
736-004-0060 ATV Operating Permit (1) An ATV operating permit and decal shall be valid for a two-year period from the date of issue. The decal shall be placed on the vehicle as determined in OAR 736-004-0065. All ATV decals shall include: (a) The distinctive number or characters assigned by OPRD to the vehicle; (b) The word "Oregon"; and (c) The expiration date. (2) The application for an ATV operating permit shall be in a form as prescribed by OPRD and shall include: (a) The name and address of the owner of the ATV; and (b) The make and body style of the ATV for which application is made. (3) To replace a permit or decal that is lost, destroyed, or mutilated, the owner must: (a) Apply for a new permit in the same manner as for an original permit; and (b) Pay the fee for a replacement ATV Operating Permit. (4) The fee for an original or replacement ATV Operating Permit is $10.00. (5) OPRD may replace an ATV operating permit free of charge if legibility, adhesiveness, or other material effectiveness is lost due to production or manufacturer’s defects. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 8-2000, f. & cert. ef. 6-2-00
736-004-0062 Ocean Shores ATV Operating Permit (Permit to operate a Class I ATV on the Ocean Shore) (1) A person may not operate a Class I all-terrain vehicle on the ocean shore unless the person obtains an Ocean Shores ATV Operating Permit from OPRD. (2) The operator must have, in addition to the Ocean Shores ATV Operating Permit, a current ATV Safety Education Card issued under ORS 390.570 and the vehicle must have a current ATV operating permit (ATV decal affixed to the vehicle) issued under 390.580. (3) The Ocean Shores ATV Operating Permit is to be used only to meet the access needs of: (a) Persons with disabilities, as defined by ORS 174.107; or who have proof of motor vehicle disabled placard, or both; (b) Emergency response or emergency aid workers during the course of their work; or (c) Biologists, wildlife monitors, or other natural resources workers during the course of their work. (4) Ocean Shores ATV Operating Permits issued under subsection (3)(a) will allow use in those areas open to motorized vehicle use. However, upon request from an individual with a disability, OPRD may issue such a permit for areas closed to motorized use if the Director or his designee determines that such use: (a) Is a reasonable accommodation of the individual’s access needs; and (b) Does not significantly impact environmentally or culturally sensitive areas or create a safety hazard to the public. (5) Permits issued under this section shall specify length of time, area of operation and access points. (6) Class I ATV’s shall not be operated in a careless manner on the Ocean Shore Recreation Area. (7) Unless otherwise posted, Class I ATV’s shall not be operated on the Ocean Shore in excess of 25 mph in open areas and 10 mph in closed areas. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.729 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 10-2009, f. & cert. ef. 6-18-09 PRD 10-2008, f. & cert. ef. 12-15-08 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07
736-004-0065 Placement of ATV Off-Road Operating Permit (1) An ATV operating permit shall be in the form of a decal to be permanently affixed to the vehicle for which it is issued, and must be clearly visible. (2) Placement of the permit shall be as follows: (a) For quads, three-wheelers, or vehicles of a similar design, the permit shall be displayed on the right-hand side of the vehicle in a visible location; (b) For jeeps, pickups, passenger cars and similar vehicles, the permit shall be displayed in a manner that makes it visible from the rear of the vehicle, such as on the bumper or in the rear window; (c) On sandrail vehicles (dune buggies) the permit shall be displayed in the middle of the rear rollbar and be visible from the rear of the vehicle; and (d) For vehicles that are similar in design to motorcycles and where it is not possible to display the permit as required in sections (2) or (3) of this rule, the permit shall be displayed: (A) On the front fork tube, on the opposite side of the vehicle from the brake, or in a location that is visible while the rider is on the vehicle; and (B) Be positioned either horizontally or vertically. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 8-2000, f. & cert. ef. 6-2-00
736-004-0070 Reciprocity for Out-of-State ATV Operating Permits (1) An ATV operating permit issued by another state shall be honored in the State of Oregon if the issuing state also honors an Oregon ATV operating permit. (2) The ATV must have a resident state ATV operating permit; or (3) If an ATV operating permit is not required in the owner’s home state, the operator must purchase a State of Oregon ATV operating permit to operate the ATV on designated ATV areas in Oregon. Statutory/Other Authority: ORS 390.180 & 390.585 Statutes/Other Implemented: ORS 390.180 History: PRD 8-2008, f. & cert. ef. 10-15-08 PRD 4-2007, f. & cert. ef. 4-13-07 PRD 8-2000, f. & cert. ef. 6-2-00
736-004-0090 Replacement ATV Safety Education Card (1) A person may apply for a replacement ATV Safety Education Card from OPRD if: (a) They legally change their name; (b) The card is lost, stolen or destroyed; (c) Misinformation is printed on the card; or (d) The card has a printing error or physical defect. (2) To obtain a replacement card, an applicant must provide OPRD with a completed application form provided by OPRD which includes an affidavit signed by the applicant stating the circumstances that led to the need for replacement of the original card. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08