justicedao/ipfs_state_laws huggingface dataset:
741-600-0040 Joint Operations (1) for the purpose of accident classification, the term “joint operations” is intended to cover operations on terminal or other tracks used jointly or in common by two or more reporting carriers, or where the equipment of one carrier moves as its own train over the track of another carrier. (2) Locomotives, with or without crews, if loaned or leased by one carrier to another, are not thereby made subject to the rules relative to “joint operations.” (3) Trains or locomotives of a non-reporting carrier which may become involved in reportable accidents on the line of a reporting carrier do not fall under the rules pertaining to “joint operations”; such accident, however, should be included in the report of the reporting carrier. (4) If a reportable accident occurs on a private siding or track of like character, it shall be reported by the carrier having possession of the locomotive concerned, or employing the persons involved but not as a joint operation accident. (5) Accidents occurring on tracks used by two or more reporting carriers should be severally reported by the carrier or carriers whose equipment or employees are involved and the carrier whose superintendent is in immediate charge of the track on which the accident occurs. Each carrier concerned in such an accident should report the damage to its equipment and other items of expense as provided in the report blank and state (estimating, if unknown) the amount of damage sustained by the other carriers involved, the names of which should be respectively indicated before the items of damage. (6) If a reportable accident, though occurring on jointly used track, involves only the equipment and employees of the carrier whose superintendent is in immediate charge of such track, the accident need be reported only by the carrier concerned. (7) Where two or more reporting carriers’ trains are involved, each carrier should report casualties to its passengers, employees, and other persons on its train. Casualties to classes of persons not here mentioned should be appropriately reported by the carrier concerned. (8) Accidents occurring on terminal or other tracks used jointly or in common by two or more reporting carriers involving employees on duty should be reported by the several carriers concerned. Casualties to other persons should be reported by the carrier whose equipment is involved. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 823.027 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0015 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-600-0050 Overhead/Side Obstructions Railroads shall report in writing all accidents involving contact with overhead obstructions which are less than the minimum applicable standard or obstructions at side of track which are less than the minimum applicable standard. The written report shall: (1) List the vertical or horizontal clearance from the center of the track; (2) Mention whether warning devices are present; and (3) Contain a brief description of the weather conditions existing at the time of the accident. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 823.027 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0045 PUC 3-1985, f. & ef. 4-8-85, Order No. 85-291
741-700-0020 Class I Railroads and Subsidiary Railroad(s) Operating in Oregon Annual reports will be submitted on the most current forms approved by the Department. Reports shall include: (1) The Surface Transportation Board prescribed wage statistics Forms A and B; (2) Freight Commodity Statistics; and (3) Annual report including state supplemental pages. Reports for each data based year shall be filed on or before May 1 of the next year unless additional time is granted. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 824.030 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-048-0050 PUC 25-1985, f. & ef. 12-12-85, Order No. 85-1180 PUC 3-1982, f. & ef. 3-4-82, Order No. 82-133 PUC 5-1981, f. & ef. 6-29-81, Order No. 81-412 PUC 2-1979, f. & ef. 7-13-79, Order No. 79-470 and 79-638)
741-700-0030 Other Than Class I Railroads Annual reports will be submitted on the most current form approved by the Department. Reportings are to be minimal so as to create no undue burden on the railroads yet provide information necessary to carry out the duties of the Department. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 824.030 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-048-0055 PUC 3-1982, f. & ef. 3-4-82, Order No. 82-133
741-710-0010 Definitions (1) “Gross Operating Revenues.” The definitions of “gross operating revenues” for the purpose of collecting the Railroad Regulatory Fee from all railroads are set forth below: (a) Freight Transportation. “Gross operating revenues” for transportation of freight include the railroad’s division of total charges collected for shipments by railroad, apportioned on a mileage basis for the portion of the transportation performed by the railroad in this state. They also include demurrage, switching charges, and all accessorial charges for services performed in this state in connection with transportation of freight by railroad. They include lawful tariff rates, charges on exempt traffic and charges under contract agreements; (b) Passenger Transportation. “Gross operating revenues” for transportation of persons by railroad include total charges collected for transportation of persons by railroad, allocated on a mileage basis for the portion of the transportation performed in this state. They also include all charges for on-train services such as sales of food, beverages, and other products made in this state. (2) “Railroad-Highway Crossing.” For the purpose of collecting the Railroad Regulatory Fee from Class I railroads, “railroad-highway crossing” or “crossing” means an intersection of a highway, as defined in ORS 824.200, and one or more railroad tracts, including intersections at grade and at separated grades as described by OAR 741-105-0020(2). (3) “Track Miles.” Track miles are all first main track miles reported by the railroad in Class (1), (3), and (5) on Schedule SC-700 of the State Statistics supplement to the Surface Transportation Board R-1 Annual Report. Statutory/Other Authority: ORS 183.335 & 824 Statutes/Other Implemented: ORS 824.010 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0000 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790
741-710-0020 Determination of Fee Components Each component of the Railroad Regulatory Fee computation for Class I railroads, as set forth in ORS 824.010, shall be determined as follows: (1) Railroad-Highway Crossings: A railroad-highway crossing shall be assigned to the railroad responsible for performing maintenance of the portion lying within the track area at the crossing. (2) Track Miles: Each railroad’s track miles are defined in OAR 741-710-0010(3). (3) Gross Operating Revenues: Each railroad’s gross operating revenues are defined in OAR 741-710-0010(1). Statutory/Other Authority: ORS 183.335 & 824 Statutes/Other Implemented: ORS 824.010 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0010 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790
741-710-0030 Responsibilities of Department On or before January 21 of each year, the Department of Transportation shall provide the following information to each Class I railroad: (1) Railroad-Highway Crossing Information. An itemized listing of each railroad’s crossings from the Department’s records as of December 31 of the preceding year. (2) Track Miles Information. A statement of the railroad’s total track miles as of December 31 of the preceding year. Statutory/Other Authority: ORS 183.335 & 824 Statutes/Other Implemented: ORS 824.010 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0020 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790
741-710-0040 Responsibilities of Class I Railroads (1) Reconciliation of Data Furnished by the Department. On or before February 15 of each year, each railroad shall provide a written submission to the Department reconciling any differences with the information provided by the Department under OAR 741-710-0030. If a railroad fails to provide a written submission, the Department shall use its own information to determine the apportionment factors in computing the Regulatory Rail Fee assessment for the railroad. (2) Gross Operating Revenues. On or before March 15 of each year, each railroad shall provide the Department a written submission showing its total gross operating revenues as defined in OAR 741-710-0010(1). Statutory/Other Authority: ORS 183.335 & 824 Statutes/Other Implemented: ORS 824.010 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-049-0030 PUC 10-1992, f. & cert. ef. 6-8-92, Order No. 92-790
750-001-0001 Uniform and Model Rules of Procedure. The State Board of Towing adopts the Attorney General’s Uniform and Model Rules of Procedure under ORS 183.341 These rules will be controlling except as otherwise required by law or rule. Statutory/Other Authority: ORS 183.341 & ORS 822.265 Statutes/Other Implemented: ORS 183.341 & ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-001-0010 Notice of Proposed Rules. (1) Prior to the adoption, amendment, or repeal of an administrative rule under OAR Chapter 750, the State Board of Towing will give notice of its intended action: (a) By publishing in the Secretary of State's bulletin referred to in ORS 183.360 at least 21 calendar days prior to the effective date of the Proposed Rule; and (b) By publishing on the Board’s website at least 21 calendar days prior to the effective date of the Proposed Rule; and (c) By distributing a copy of the Notice by electronic mail to persons on the Board's mailing list established under ORS 183.335 at least 28 calendar days prior to the effective date; and (d) By furnishing a copy of the Notice by regular mail to all persons requesting written notice from the Board, postmarked at least 28 calendar days prior to the effective date of the Proposed Rule; and (e) Delivered by electronic mail, at least 49 days before the effective date, to the persons specified in subsection (15) of ORS 183.335; and (f) By distributing an electronic copy of the Notice to the following agencies, organizations, or publications: (A) Oregon Dept. of Transportation. (B) ODOT Driver and Motor Vehicles, Program Services. (C) ODOT Driver and Motor Vehicles, Vehicle Services. (D) Oregon Tow Truck Association. (E) Individually to each of the 36 County Sheriff Departments in Oregon. (F) Individually to the City and Community Police Departments in Oregon. (G) Other organizations, agencies or publications known to the Board that may have a direct interest in the administrative rule. (2) The Board may update the mailing list described in subsection (1)(c) and (1)(d) of this rule by requesting persons to confirm they wish to remain on the mailing list. (a) If a person does not respond to a request for confirmation within 30 days of the date the Board sends the request, the Board will remove the person from the mailing list. (b) Any person removed from the mailing list will be immediately returned to the mailing list upon request. Statutory/Other Authority: ORS 822.265 & ORS 183.335 Statutes/Other Implemented: ORS 822.265 & ORS 183.335 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-001-0030 Contested Case Hearings. The State Board of Towing adopts the Attorney General’s Model Rules of Procedure for contested cases under ORS 183.413 through 183.502. These rules will be controlling except as otherwise required by law or rule. Statutory/Other Authority: ORS 822.265 & ORS 183.413 Statutes/Other Implemented: ORS 822.265 & ORS 183.413 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-001-0040 Authorization for Agency Representative. The State Board of Towing adopts the Attorney General's Model Rules of Procedure to authorize the appearance of Board's representative at contested hearings pursuant to ORS 183.452. Statutory/Other Authority: ORS 183.452 & ORS 822.265 Statutes/Other Implemented: ORS 183.452 & ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-001-0050 Civil Penalty Procedures. The State Board of Towing adopts the Attorney General's Model Rules of Procedure for civil penalties and related procedures and processes under ORS 183.745. These rules will be controlling except as otherwise required by law or rule. Statutory/Other Authority: ORS 183.745 & ORS 822.995 Statutes/Other Implemented: ORS 183.745 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0010 Fees. (1) The State Board of Towing will impose a fee of $100 on any person or entity holding or applying for a tow or recovery vehicle business certificate in the State of Oregon, pursuant to ORS 822.285 (3). The fee: (a) Will be collected during the application process for issuance or renewal of a tow business certificate as described in ORS 822.200 to 822.215 and OAR 735-154-0010. (b) Fees paid to the Board under this section does not preclude the certification requirements under ORS 822.205. (2) Fees collected under OAR 750-010-0010 will be deposited into the State Board of Towing Account established under ORS 822.270. (3) Whenever a bank check, credit, or debit transaction in payment of an obligation to, or service provided by, the Board is dishonored by the bank upon which the check is drawn, the authorization holder must pay a $35 administrative processing “NSF” fee to the Board. The Board may take other disciplinary action against an authorization holder or payer and may seek other legal remedies to collect the returned items. (4) Fees paid to the State Board of Towing are nonrefundable. Statutory/Other Authority: ORS 822.265 & ORS 822.285 (3) Statutes/Other Implemented: ORS 822.265 & ORS 822.285 (3) History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0030 Fiscal. The State Board of Towing fiscal year will be a twelve-month period beginning July 1 of one year and ending June 30 of the following year. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0040 Contracts and Procurement. The State Board of Towing may contract for services when: (1) The specialized skills, knowledge, and resources are not available within the Board or its staff; (2) The work cannot be done in a reasonable time with the Board’s own workforce; (3) An independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or (4) Cost and expenses incurred by the Board will be reduced under a contract for the work. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0050 Board Meetings. (1) The State Board of Towing will hold regular public Board Meetings at least once every fiscal quarter. (2) Regularly scheduled Public Board Meetings will be noticed to the public a minimum of ten (10) calendar days before the scheduled date of the meeting by: (a) Posting on the Board website; and (b) Posting on the Public Calendar of the Oregon Transparency website; and (c) Distributing a copy of the Notice by electronic mail to persons on the Board's mailing list (3) The Board will hold emergency or special meetings at the request of any Board member or the Board Administrator to address emergency or time-sensitive board matters or business, noticed to the public a minimum of three (3) calendar days before the scheduled date of the meeting by the same means described in OAR 750-010-0040 (2). (4) In case of an emergency, a meeting may be held pursuant to ORS 192.640. Statutory/Other Authority: ORS 192.620, ORS 822.255 (5) & ORS 822.265 Statutes/Other Implemented: ORS 192.620, ORS 822.255 (5) & ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0060 Annual Business Work Session. The State Board of Towing will hold an annual business meeting and work session every fiscal year. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0080 Board Member Assignments. (1) State Board of Towing members may be assigned, individually or as a committee, to a task or project by volunteering or by Board vote or consensus during a public meeting. (2) No more than three (3) active Board Members will be assigned to any one committee. (3) The authority of the Board Member Assignments is limited to research, evaluation, or information gathering for presentation and recommendation to the Board unless otherwise approved by the Board. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0090 Board Committees and Subcommittees. (1) Special Committees and Subcommittees may be created by the State Board of Towing to research, study, or evaluate various aspects of policy, programs, or projects for the purpose of recommendation of courses of action to the Board. (2) A Committee created by the Board may exist as long as there remains concern or interest for the assigned area of interest, until the conclusion of the committee assignment, or until disbanded by the Board. (3) Committees will consist of three (3) or more members, including one (1) Board member or Board staff assigned as the Board’s representative and liaison, except as required by ORS 183.333 (8). Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0100 Board Staff. (1) The State Board of Towing will appoint an Administrative Officer, approved by the Governor of the State of Oregon, to serve as the Administrator of the Board. (2) The Administrator is responsible for the general administration and implementation of the Board’s affairs in accordance with the general policies established by Oregon laws, Administrative Rules, and the Board’s policies and direction. (3) A formal performance review of the Administrator will be conducted at the Board’s annual meeting and work session. (4) The Administrator will have signature authority for notices of proposed actions, final orders, other disciplinary actions, subpoenas, and other signature authority as delegated by the Board. Statutory/Other Authority: ORS 822.260 & ORS 822.265 Statutes/Other Implemented: ORS 822.260 & ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0110 Public Records Requests. (1) Anyone may submit a written request for disclosure of a public record for which the State Board of Towing is the custodian (2) A request for public records must include: (a) The name, mailing address, email address, and telephone number, if any, of the requestor; (b) A sufficiently detailed description of the record(s) requested, including the identification, description, type, and format of the public record, if known to the requestor; and (c) The signature of the requestor and date of request. (3) The written request may be delivered in person or by USPS mail or other delivery services, and by email. (4) The Board may charge a reasonable fee for public record requests under ORS 192.324(4), calculated to reimburse the Board for actual costs of locating, producing, and providing copies of public records. (a) A cost estimate will be provided to the requestor before the production of any records, other than those records that will be provided at no cost. (b) All fees must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to the State Board of Towing. Statutory/Other Authority: ORS 192.324 & ORS 822.265 Statutes/Other Implemented: ORS 192.324 & ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-010-0120 Severability. These rules are severable. If any rule under OAR Chapter 750, or part thereof or the application of such rule to any person or circumstance is declared invalid, that invalidity will not affect the validity of any remaining portion of the rules of the State Board of Towing under OAR Chapter 750. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-040-0001 Violations. The State Board of Towing may impose a civil penalty, sanctions, or take other disciplinary action under ORS 822.265: for violation of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 and other laws and rules assigned to the Board for administration. Statutory/Other Authority: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-040-0005 Administration and Implementation of ORS 98.853 (1) The photograph(s) required in ORS 98.853 (1) must sufficiently show: (a) The vehicle as parked prior to the tow and (b) The vehicle parked in violation, including photographs demonstrating: (A) When required or present, a notice affixed to the vehicle by the property owner or its agent. (B) When required, the parked vehicle in relation to the nearest sign disclosing the parking facility’s prohibitions or restrictions. (C) If not legible in the photograph, additional photograph(s) of the sign showing the disclosed prohibitions or restrictions. (2) A tower is required to provide the photograph(s) to the owner or operator of the motor vehicle at the time of the request, but no later than the end of the next business day following the request. Statutory/Other Authority: ORS 822.265, ORS 98.853, ORS 822.275, ORS 822.280, ORS 822.285, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2025, adopt filed 12/31/2025, effective 01/01/2026
750-040-0015 Implementation and Administration of ORS 822.200 (1) A tower may not lease, rent, loan, or sell a tow business certificate or TW plates. (2) It is a violation of ORS 822.605 to knowingly or recklessly submit a tow business certificate application with false, misleading, or inaccurate information including, but not limited to: (a) Disclosing the name of the tower on the application with the intent of leasing, loaning, selling, or otherwise allowing the use of the tow vehicle for compensation by an entity or person not named on the tow business certificate. (b) Submitting on the application invalid, outdated, or erroneous information, including, but not limited to, the tower’s contact information, business mailing address, or the weight of the vehicle. (3) As the tow business certificate is the instrument demonstrating legal operation of a tow vehicle, the tow business certificate is to be provided upon request of the vehicle owner or operator to verify legal operation of a towing business. Statutory/Other Authority: ORS 822.265, ORS 822.275, ORS 822.280, ORS 822.285, ORS 822.290, ORS 822.995, ORS 822.200, ORS 822.205, ORS 822.210 & ORS 822.605 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2025, adopt filed 12/31/2025, effective 01/01/2026
750-040-0020 Separate Violations. Each violation of a law assigned to the State Board of Towing for administration, an administrative rule adopted by the Board, or an Order issued by the Board is a separate violation subject to separate Board disciplinary actions and sanctions, including, but not limited to, civil penalties assessed by the Board. Statutory/Other Authority: ORS 822.265 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024