justicedao/ipfs_state_laws huggingface dataset:
860-250-0035 Nonharmful Device Determinations (1) A petition requesting that the Commission determine by rule whether a device is nonharmful under Oregon Laws 2018, Chapter 88, Section 1(1)(h) will be governed by the requirements set forth in this rule and either of the following: (a) ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001; or (b) the Oregon Administrative Procedures Act and the generally applicable filing, rulemaking, and confidentiality procedures contained in OAR chapter 860, division 001. (2) A contested case petition under section (1) of this rule must conform with OAR 860-001-0400(1) and (2) and a petition for adopting, amending, or repealing a rule under section (1) of this rule must conform with OAR 860-001-0250. Either type of filing must also include the following additional information to the extent relevant information is available to the petitioning party: (a) A detailed description of the device at issue. At a minimum, this description should include: (A) The name, manufacturer, and distributor of the device; (B) The purpose of the device (e.g., personal communication, medical monitoring); (C) A description of how the device works, including whether it alters, intercepts, diverts, or otherwise interferes with end user traffic or end user information; and (D) Any relevant determinations regarding the device made by other bodies, including the FCC. (b) A detailed explanation of why the device at issue is or is not a nonharmful device under Oregon Laws 2018, Chapter 88, Section 1(1)(h). (c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized. (d) Any parallel or related proceedings pending in any forum, if known. (e) A request for an appropriate protective order, as needed, if a contested case petition. (3) A response to a contested case petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(1)(h) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0040 Excepted Paid Prioritization Determinations (1) A petition requesting that the Commission make a determination regarding whether certain paid prioritization meets the standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(c) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule. (2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party: (a) A detailed description of the paid prioritization at issue. (b) A detailed explanation of why the paid prioritization at issue does or does not provide significant public interest benefits and does or does not harm the open nature of the provided broadband Internet access service under Oregon Laws 2018, Chapter 88, Section 1(4)(c). (c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized. (d) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s) identified under subsection (2)(c) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(c) is sought. (e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the paid prioritization at issue in the initiating pleading. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(c) is sought. (f) Any parallel or related proceedings pending in any forum, if known. (g) A request for an appropriate protective order, as needed. (3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party. Statutory/Other Authority: ORS Ch. 183 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(c) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0045 Reasonable Network Management Determinations (1) A petition requesting that the Commission make a determination regarding whether certain activity constitutes reasonable network management under Oregon Laws 2018, Chapter 88, Section 1(4)(d) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule. (2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party: (a) A detailed description of the activity at issue. (b) A detailed explanation of why the activity at issue is or is not reasonable network management under Oregon Laws 2018, Chapter 88, Section 1(4)(d). At a minimum, the explanation must address: (A) the technical network management justification for the activity, if any; (B) the other business practices included in the activity, if any; and (C) whether and how the activity is narrowly tailored to achieve a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. (c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized. (d) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s) identified under subsection (2)(c) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(d) is sought. (e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity at issue in the initiating pleading. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(d) is sought. (f) Any parallel or related proceedings pending in any forum, if known. (g) A request for an appropriate protective order, as needed. (3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party. Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(d) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-250-0050 Determinations Regarding Newly Compliant BIAS Providers (1) A petition requesting that the Commission make a determination regarding whether a particular provider meets the standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(e) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001,and the requirements set forth in this rule. (2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party: (a) The provider at issue and that provider’s certification under Oregon Laws 2018, Chapter 88, Section 1(4)(e)(A). (b) A detailed explanation of why Oregon Laws 2018, Chapter 88, Section 1(4)(e) applies to the provider at issue. At a minimum, the explanation must address: (A) which of the activities described in Oregon Laws 2018, Chapter 88, Section 1(3) that the provider engaged in after January 1, 2019, and the basis for this assertion; (B) the date or dates on which the provider ceased engaging in the activities identified in section (2)(b)(i) of this rule; and (C) the reason or reasons that allowing a public body to contract with the broadband Internet access service provider provides significant public interest benefits. (c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized. (d) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s) identified under subsection (2)(c) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(e) is sought. (e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity described in section (2)(b)(a) of this rule. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(e) is sought. (f) Any parallel or related proceedings pending in any forum, if known. (g) A request for an appropriate protective order, as needed. (3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party. Statutory/Other Authority: ORS Ch. 183, 756, OL 2018 Ch. 99 Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(e) History: PUC 9-2018, adopt filed 12/27/2018, effective 01/01/2019
860-300-0001 Scope and Applicability of Rules (1) The rules in this division prescribe the filing requirements for risk-based Wildfire Mitigation Plans filed by a Public Utility that provides electric service in Oregon pursuant to ORS 757.005. (2) Upon request or its own motion, the Commission may waive any of the rules in this division for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 757 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.039, ORS 757.649, ORS 759.030, ORS 759.040 & ORS 759.045 History: PUC 6-2022, amend filed 09/22/2022, effective 09/22/2022 PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021
860-300-0010 Definitions for this Division (1) "Communications" means media that communicate voice, data, text, or video over a distance using electrical, electronic, radio, microwave, or light wave transmissions. (2) "ESF-12" refers to Emergency Support Function-12 and indicates the Commission's role in supporting the State Office of Emergency Management for energy utilities issues during an emergency. (3) "Local Community" means any community of people living, or having rights or interests, in a distinct geographical area. (4) "Local Emergency Management" means city, county, and tribal emergency management entities. (5) "Near-term Wildfire Risk" means elements of wildfire risk that are expected to fluctuate on a daily or weekly basis. Examples include temperature, humidity, and wind. (6) "Public Utility" has the meaning given to an "electric company" in ORS 757.600. (7) "Public Safety Partners" means ESF-12, Local Emergency Management, and Oregon Department of Human Services (ODHS). (8) "Public Safety Power Shutoff" or "PSPS" means a proactive de-energization of a portion of a Public Utility's electrical network, based on the forecasting of and measurement of extreme wildfire weather conditions. (9) "Tabletop Exercise" means an activity in which key personnel, assigned emergency management roles and responsibilities, are gathered to discuss, in a non-threatening environment, various simulated emergency situations. (10) "Utility-identified Critical Facilities" refers to the facilities the Public Utility identifies that, because of their function or importance, have the potential to threaten life safety or disrupt essential socioeconomic activities if their services are interrupted. Communications facilities and infrastructure are to be considered Critical Facilities. (11) "Wildfire Mitigation Plan" is the same as a "wildfire protection plan" and refers to the document filed with the Commission relating to an electric utility's risk-based plan designed to protect public safety, reduce the risk of utility facilities causing wildfires, reduce risk to utility customers, and promote electric system resilience to wildfire damage. Statutory/Other Authority: ORS 183, ORS 756, ORS 757 & ORS 759 Statutes/Other Implemented: ORS 756.040, ORS 757.035, ORS 757.039, ORS 757.649, ORS 758.215, ORS 759.005 & ORS 759.045 History: PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022
860-300-0030 Risk Analysis (1) The Public Utility must include in its Wildfire Mitigation Plan risk analysis that describes wildfire risk within the Public Utility’s service territory and outside the service territory of the Public Utility but within the Public Utility’s right of way for generation and transmission assets. The risk analysis must include, at a minimum: (a) Defined categories of overall wildfire risk and an adequate discussion of how the Public Utility categorizes wildfire risk. Categories of risk must include, at a minimum: (A) Baseline wildfire risk, which include elements of wildfire risk that are expected to remain fixed for multiple years. Examples include topography, vegetation, utility equipment in place, and climate; (B) Seasonal wildfire risk, which include elements of wildfire risk that are expected to remain fixed for multiple months but may be dynamic throughout the year or from year to year; Examples include cumulative precipitation, seasonal weather conditions, current drought status, and fuel moisture content; (C) Risks to residential areas served by the Public Utility; and (D) Risks to substation or powerline owned by the Public Utility. (b) a narrative description of how the Public Utility determines areas of heightened risk of wildfire using the most updated data it has available from reputable sources. (c) a narrative description of all data sources the Public Utility uses to model topographical and meteorological components of its wildfire risk as well as any wildfire risk related to the Public Utility’s equipment. (A) The Public Utility must make clear the frequency with which each source of data is updated; and (B) The Public Utility must make clear how it plans to keep its data sources as up to date as is practicable. (d) The Public Utility’s risk analysis must include a narrative description of how the Public Utility’s wildfire risk models are used to make decisions concerning the following items: (A) Public Safety Power Shutoffs (B) Vegetation Management; (C) System Hardening; (D) Investment decisions; and (E) Operational decisions. (e) For updated Wildfire Mitigation Plans, the Public Utility must include a narrative description of any changes to its baseline wildfire risk that were made relative to the previous plan submitted by the utility, including the Public Utility’s response to changes in baseline wildfire risk, seasonal wildfire risk, and Near-term Wildfire Risk. (2) To the extent practicable, the Public Utility must confer with other state agencies when evaluating the risk analysis included in the Public Utility’s Wildfire Mitigation Plan. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.035 History: PUC 6-2022, adopt filed 09/22/2022, effective 09/22/2022
860-300-0060 Ongoing Informational Requirements for Public Safety Power Shutoffs (PSPS) (1) The Public Utility will create a web-based interface that includes real-time, dynamic information on location, de-energization duration estimates, and re-energization estimates. The web-based interface will be hosted on the Public Utility's website and must be accessible during a PSPS event. The Public Utility will complete the web-based interface before March 31, 2024. (2) The Public Utility will make its considerations when evaluating the likelihood of a PSPS publicly available on its website. These considerations include, but are not limited to: strong wind events, other current weather conditions, primary triggers in high risk zones that could cause a fire, and any other elements that define an extreme fire hazard evaluated by the Public Utility. (3) The Public Utility will ensure that its website has the bandwidth capable of handling web traffic surges in the event of a Public Safety Power Shutoff. (4) The Public Utility will work to provide real-time geographic information pertaining to PSPS outages compatible with Public Safety Partner GIS platforms. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.020 History: PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022
860-300-0070 Reporting Requirements for Public Safety Power Shutoffs (PSPS) (1) The Public Utility is required to file annual reports on de-energization lessons learned, providing a narrative description of all PSPS events which occurred during the fire season. Reports must be filed no later than December 31st of each year. (2) Non-confidential versions of the reports required under this section must also be made available on the Public Utility's website. Statutory/Other Authority: ORS 183, ORS 756 & ORS 757 Statutes/Other Implemented: ORS 756.040 & ORS 757.035 History: PUC 4-2022, adopt filed 05/24/2022, effective 05/24/2022
860-300-0080 Cost Recovery All reasonable operating costs incurred by, and prudent investments made by, a Public Utility to develop, implement, or operate a Wildfire Protection Plan are recoverable in the rates of the Public Utility from all customers through a filing under ORS 757.210 to 757.220. Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759 & ORS 757 Statutes/Other Implemented: ORS 757.020 & 2021 Senate Bill 762 History: PUC 2-2022, renumbered from 860-300-0003, filed 02/24/2022, effective 02/24/2022 PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021
860-300-0090 Consumer-owned Utility Plans Municipal electric utilities, people’s utility districts organized under ORS chapter 261 that sell electricity, and electric cooperatives organized under ORS chapter 62 must file with the Commission a copy of its approved risk-based wildfire mitigation plan or plan update within 30 days of approval from its governing body. Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759 & ORS 757 Statutes/Other Implemented: ORS 757.035 & 2021 Senate Bill 762 History: PUC 2-2022, renumbered from 860-300-0004, filed 02/24/2022, effective 02/24/2022 PUC 10-2021, adopt filed 12/01/2021, effective 12/01/2021
863-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Real Estate Commissioner shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By mailing a copy of the notice at least twenty-eight (28) days before the effective date of the rule to persons on the Commissioner's mailing list established pursuant to ORS 183.335(7) and all appropriate Legislators as designated by 183.335(14). (3) By mailing a copy of the notice to the following persons, organizations, or publications: (a) For Real Estate Brokers rules: (A) All local Boards or Associations of Realtors; (B) The Associated Press and the Capitol Press Room; (C) Oregon Association of Realtors; (D) The Oregon Realtor, publication of the Oregon Association of Realtors; (E) All multiple listing services; (F) Oregon Land Title Association. (b) For Oregon Subdivision and Series Partition Control Law rules, Oregon Condominium Act rules, rules for ORS 94.803 to 94.945, relating to timeshare estates, or rules for ORS 94.953 to 94.985 relating to the sale of membership camping contracts: (A) Sawhorse, publication of the Oregon Building Industry Association; (B) The Associated Press and the Capitol Press Room; (C) Oregon Association of Realtors; (D) The Oregon Realtor, publication of the Oregon Association of Realtors; (E) Oregon Building Industry Association; (F) Oregon County Courts and Boards of Commissioners. (c) For Oregon Escrow Law rules: (A) The Associated Press, and the Capitol Press Room; (B) Oregon Escrow Council, Inc.; (C) Oregon Escrow Council Educator, publication of the Oregon Escrow Council, Inc.; (D) Licensed Escrow Agents; (E) Oregon Land Title Association. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 192 & 696 Statutes/Other Implemented: ORS 183.385(3) History: REA 1-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2003, f. 7-28-03, cert. ef. 8-1-03 REA 4-1997, f. 11-24-97, cert. ef. 12-1-97 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 1-1987, f. 12-3-87, ef. 1-1-88 REC 2-1984, f. & ef. 6-18-84 REC 1-1982, f. & ef. 2-3-82 REC 43, f. & ef. 11-6-75
863-001-0005 Rules of Procedure The Real Estate Agency adopts by reference the Attorney General's Uniform and Model Rules OAR 137-001-0005 through 137-005-0070 bearing the effective date of January 1, 2008. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Real Estate Agency.] Statutory/Other Authority: ORS 183.341, 183.502 & 696.385 Statutes/Other Implemented: ORS 183.341 & 183.502 History: REA 4-2008, f. 9-10-08, cert. ef. 10-1-08 REA 4-2006, f. 12-28-06, cert. ef. 1-1-07 REA 3-2003, f. 7-28-03, cert. ef. 8-1-03 REA 1-2003(Temp), f. 2-27-03, cert. ef. 2-28-03 thru 8-27-03 REA 2-2000, f. 3-27-00, cert. ef. 3-31-00 REA 1-2000, f. & cert. ef. 1-28-00 REA 2-1998, f. 5-28-98, cert. ef. 6-1-98 REA 1-1998, f. & cert. ef. 4-3-98 REA 1-1996, f. 6-3-96, cert. ef. 6-10-96 REA 6-1992, f. 11-4-92, cert. ef. 1-1-93 REA 3-1990, f. 12-13-90, cert. ef. 2-1-90 REA 2-1989(Temp), f. & cert. ef. 9-22-89 REA 2-1988, f. & cert. ef. 9-9-88 REC 1-1986, f. & ef. 2-11-86 REC 2-1983, f. & ef. 10-13-83 REC 1-1982, f. & ef. 2-3-82 REC 4-1978, f. & ef. 7-2-78 REC 48, f. & ef. 7-19-76 REC 36, f. 1-15-74, ef. 2-11-74 REC 32, f. 11-2-71, ef. 11-15-71