justicedao/ipfs_state_laws huggingface dataset:
644-005-0020 Procurement Method (1) Small purchase procedures may be used for the procurement of services costing not more than $10,000. Price or rate quotations shall be obtained from at least three qualified sources. (2) Competitive negotiation shall be used for personal service contracts in excess of $10,000 per agreement per fiscal year and may be used for contracts of less than $10,000. Exceptions may be granted to accommodate one or more of the conditions described in section (3) of this rule with the approval of the Commission. (3) Non-competitive negotiation may be used for contracts if: (a) The item or service is available only from a single source, or the sole source has special skills that are only available based upon his/her expertise or situation; (b) Public need or emergency advises against a delay incident to competitive solicitation; (c) After solicitation of a number of sources, competition is determined inadequate; (d) The contract is a renewal of an existing contract, subject to approval by all required parties. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91
644-005-0025 Maintenance of RFP Mailing List The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are available. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91
644-005-0030 Competitive Negotiation Procedures (1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information: (a) Date and hour by which proposals must be received; (b) Description of work; (c) Evaluation specific to contract criteria. (2) Notification of the availability of the RFP shall be mailed to entities on the OSC RFP Mailing List that have indicated expertise in the subject area. (3) Notification of the availability of the RFP shall be advertised in other appropriate periodicals. (4) Proposals shall be evaluated in a manner consistent with the evaluation criteria included in the RFP by the Commission or committee thereof. A written document stating why the selection was made will be on file at the Commission office. These are public records and may be reviewed upon request. (5) Exceptions to procedures in sections (2) and (3) of this rule may be granted by the Commission if warranted by time or cost considerations. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91
644-010-0005 Definitions The following definitions will apply to division 10 and division 30 Administrative Rules of the Oregon Sheep Commission. (1) “Person” means any individual, group of individuals, corporation, association, partnership, joint stock company, or any other legal entity. (2) “Commission” means the Oregon Sheep Commission. (3) “Handler” means any processor, distributor, auction market, or other person engaged in handling or marketing sheep, whether as owner, agent, employee, broker, or otherwise, who buys sheep from a producer and receives sheep in the first instance from a producer for resale or processing. (4) “Producer” means any person, as defined in OAR 644-010-0005(1), who raises, breeds, and produces sheep for sale, including anyone who markets sheep or sheep products of that person’s own production directly to consumers. (5) “Sheep” means an animal of the ovine species, regardless of age, including rams and ewes. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SHEEP 2-2014, f. & cert. ef. 7-23-14 SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2004, f. & cert. ef. 1-8-04 SC 2, f. 12-20-77, ef. 1-1-78
644-010-0010 Assessments (1) Each handler making payment to a producer shall deduct an assessment of $0.50 per head from the sale of each live sheep sold by the producer and remit the assessment of $0.50 per head to the Oregon Sheep Commission at quarterly intervals as defined by OAR 644-010-0015(1). If the handler is receiving sheep for resale, the assessment shall be forwarded to subsequent purchaser. The assessment will be remitted by the final handler at time of final harvest. (2) Each person processing or causing to be processed sheep of that person’s own production shall pay an assessment at the rate of $0.50 per head to the Oregon Sheep Commission for each live sheep sold for slaughter or custom processing. The assessment shall be remitted to the Commission at quarterly intervals as defined by OAR 644-010-0015(1). (3) A producer who markets sheep to an out-of-state handler is responsible to remit the assessment of $0.50 per head to the Commission as required by ORS 576.345, unless the subsequent purchaser voluntarily agrees to deduct the assessment of $0.50 per head from the proceeds owed to the producer and to remit to the Oregon Sheep Commission as specified under OAR 644-010-0015. (4) The assessment will be collected on any sheep that has been fed or grazed in Oregon for at least 30 consecutive days during the preceding 12 months prior to the date of sale. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.304(2) & 576.325(4)(f) History: SHEEP 2-2014, f. & cert. ef. 7-23-14 SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2011, f. & cert. ef. 2-14-11 SHEEP 1-2010(Temp), f. 12-15-10, cert. ef. 1-1-11 thru 3-31-11 SHEEP 1-2006, f. 12-12-06, cert.ef. 1-1-07 SHEEP 1-2005, f. 12-15-05 cert. ef. 1-1-06 SHEEP 1-2004, f. & cert. ef. 1-8-04 SC 1-1985, f. & cert. ef. 11-20-85 SC 2, f. 12-20-77, cert. ef. 1-1-78
644-010-0015 Reports and Payment of Assessment Moneys (1) Handlers shall remit collected assessments on a quarterly basis, with a completed and signed assessment report on commission approved forms. The information specified in OAR 644-010-0015(3) may be provided in a separate printed report, if accompanied by a signed commission approved assessment form. Assessment reports shall include all purchases by or deliveries to a handler of sheep. Quarterly assessment reports are due in the commission office postmarked on or before the 10th day of the month following the end of the quarter. Quarterly assessments shall be reported as follows. (a) January, February, March assessments report must be postmarked on or before April 10th; (b) April, May, June assessments report must be postmarked on or before July 10th; (c) July, August, September assessments report must be postmarked on or before October 10th; (d) October, November, December assessments report must be postmarked on or before January 10th. (2) If the producer sells, ships, or otherwise disposes of sheep to any person outside Oregon, the producer shall deduct the assessment of $0.50 per head from the proceeds owed to the producer and remit to the Commission at quarterly intervals as specified in OAR 644-010-0015(1). (3) Each person collecting the assessment must provide to the person from whom the assessment was deducted a receipt including: (a) Name and address of the person collecting the assessment, (b) Date of sale, (c) Name and address of the person who paid the assessment, (d) Number of head of sheep sold, and (e) Total assessment paid by the producer. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SHEEP 2-2014, f. & cert. ef. 7-23-14 SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2004, f. & cert. ef. 1-8-04 SHEEP 1-2003, f. & cert. ef. 1-6-03 SC 2, f. 12-20-77, ef. 1-1-78
644-010-0020 Penalties (1) A handler who delays transmittal of funds to the Commission beyond the time specified in OAR 644-010-0015(1) shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. (2) By majority vote, the Commission may waive or adjust penalties for good cause or if the assessment is deemed uncollectible. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SHEEP 2-2014, f. & cert. ef. 7-23-14 SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2004, f. & cert. ef. 1-8-04 SC 2, f. 12-20-77, ef. 1-1-78
644-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a handler, processor, distributor, auction market, or other person engaged in handling or marketing sheep shall begin with sheep purchased or sold on or after July 1, 2014. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SHEEP 2-2014, f. & cert. ef. 7-23-14 SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2004, f. & cert. ef. 1-8-04 SC 2, f. 12-20-77, ef. 1-1-78
644-020-0010 Purpose of Publc Records Request Processing Rules (1) To implement the provisions of ORS 192.324 (7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Sheep Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304(14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: SHEEP 2-2022, adopt filed 06/23/2022, effective 06/30/2022
644-020-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 1270 Chemeketa Street NE, Salem, OR 97301. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: SHEEP 3-2022, adopt filed 06/23/2022, effective 06/30/2022
644-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 644-020-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 644-020-0060,or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: SHEEP 5-2022, adopt filed 06/23/2022, effective 06/30/2022
644-020-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 644-020-0060. (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: SHEEP 6-2022, adopt filed 06/23/2022, effective 06/30/2022
644-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission [KA1] to the commission at the address provided in 644-020-0020. (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: SHEEP 7-2022, adopt filed 06/23/2022, effective 06/30/2022
644-030-0010 Number of Commissioners, Terms The Oregon Sheep Commission will consist of eight members appointed by the Director of the Oregon Department of Agriculture for a term of four years or, if for a term following a prior term for that person, ending four years from the date of expiration of any prior term. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SHEEP 1-2004, f. & cert. ef. 1-8-04
644-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A producer member of the Commission must have paid the commission assessment, if any, on the commodity in each of the preceding three calendar years. (b) A handler member of the Commission must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the Commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of sheep, (b) One member will be a handler; (c) The remaining members will be producers. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14 SHEEP 1-2004, f. & cert. ef. 1-8-04
644-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SHEEP 1-2004, f. & cert. ef. 1-8-04
644-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before January 1, the Commission will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair and Secretary/Treasurer may resign as such or may be removed from that position by vote of five Commissioners. If the Chair, a Vice Chair and a Secretary/Treasurer cease to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SHEEP 1-2004, f. & cert. ef. 1-8-04
644-040-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Sheep Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Sheep Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Sheep Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Sheep Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Sheep Commission, either at the request of the chair of the Oregon Sheep Commission or as authorized in advance by a vote of the Oregon Sheep Commission; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Sheep Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Sheep Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Sheep Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: SHEEP 1-2022, adopt filed 03/16/2022, effective 03/23/2022 SHEEP 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/20/2022
644-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 644-040-0130 and OAR 644-040--0140, the Oregon Sheep Commission shall provide to a qualified member of the Oregon Sheep Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Sheep Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Sheep Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: SHEEP 1-2022, adopt filed 03/16/2022, effective 03/23/2022 SHEEP 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/20/2022
644-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 644-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Sheep Commission shall provide to a non-qualified member of the Oregon Sheep Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 644-040-0140, the Oregon Sheep Commission shall provide to a non-qualified member of the Oregon Sheep Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Sheep Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Sheep Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: SHEEP 1-2022, adopt filed 03/16/2022, effective 03/23/2022 SHEEP 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/20/2022