justicedao/ipfs_state_laws huggingface dataset:
125-090-0015 Rates for Parking Facility Uses; Time of Review; Notice (1) This rule provides for establishing and reviewing and revising rates and charges for the use of Parking Facilities. (2) DAS shall conduct an annual review of the rates and charges to be imposed for parking and other transportation uses in the various Parking Facilities and may alter any rates or charges if DAS determines a current consideration of the factors listed in OAR 125-090-0035 justifies the change. (3) In addition to establishment and review of rates and charges described in sections (1) and (2) of this rule, DAS may alter rates and charges periodically or for periods DAS determines appropriate when Parking Facility occupancy exceeds expected levels. Such rate and charge changes may be temporary or long-term and may be used to adjust revenue levels to those levels required considering those factors identified in OAR 125-090-0035. (4) Each time DAS changes rates and charges, it shall adopt and publish a Schedule of Base Rates and Charges. The new published Schedule of Base Rates and Charges supersedes all previously published Schedules and the rates and charges originally established in OAR 125-090-0065. (a) The Schedule of Base Rates and Charges must include: (A) Any revised long-term rate or charge changes; and (B) The size and the proposed duration of any temporary rate or charge change. (b) DAS shall publish the revised rates and charges prior to the effective date of the new Schedule of Base Rates and Charges by posting the revised rates and charges on the DAS Fleet and Parking Services web site and by distributing notice of the revised rates and charges, in Writing, to: (A) All individuals who Lease parking subject to the rate or charge change at the individual’s last e-mail that was provided by the individual to DAS (B) All State Agencies which lease, or have State Employees who Lease, parking subject to the rate or charge change; and (C) All State Agencies which occupy quarters located in the Capitol Mall Parking Area, or elsewhere in the City of Salem, the Portland State Office Building and the Eugene State Office Building. Statutory/Other Authority: ORS 98.805-98.818, 184.340 & 276.591-276.601 Statutes/Other Implemented: ORS 98.805, 276.591 & 276.601 History: DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025
125-090-0025 Terms Under Which Parking Facilities Are Leased (1) Parking Facilities are for the Parking of Motor Vehicles and Bicycles and other transportation uses as DAS determines are appropriate. In determining the use of Parking Facilities DAS shall first give priority to the needs of State Agencies and State Employees for the transaction of State business. DAS permits Parking of State Employee, Visitor, service, and State-owned Motor Vehicles at Parking Facilities for transacting business in State offices only, unless expressly otherwise authorized by DAS. DAS may authorize the general public to use those Parking spaces not required by Agency and State Employee Motor Vehicles. (2) DAS may determine the classes and availability of Parking spaces in Parking Facilities (reserved, unreserved, metered, or other), and the method for charging users for the Parking uses (monthly, daily, metered or other), and where and if display of a Permit is necessary in order to lawfully exercise Parking authorization. Parking by all persons is subject to availability of Parking spaces and these rules. (3) DAS may require a minimum number of days working on site at the State Employee’s Work Location to obtain or retain a monthly Permit. (4) DAS may limit the length and width of vehicles allowed to use specific Parking spaces, in specific Parking Facilities, or specific sections of Parking Facilities. (5) The State, DAS, and its employees are not responsible for any damage to or loss of a Motor Vehicle or its contents or injury to any person arising from the use of Parking Facilities. (6) DAS conditions all authorization to use Parking Facilities on the requirement that the user comply with these rules and all applicable State and local laws and ordinances. Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100 Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601 History: DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025
125-090-0065 Schedule of Base Rates and Charges for Parking Facilities (1) The Schedule of Base Rates and Charges for Parking Facilities is published on the DAS Fleet and Parking Services website. (2) Unless otherwise specified in the Schedule, the rates published in the Schedule supersede all previously published schedules for Parking and other Parking Facility uses subject to these rules. Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100 Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594 History: DAS 1-2024, renumbered from 125-090-0140, filed 12/19/2024, effective 12/19/2024 DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021 DAS 7-2009, f. & cert. ef. 7-1-09 DAS 6-2001, f. & cert. ef. 11-1-01 DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01 DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01 DASII 1-1996, f. & cert. ef. 3-1-96
125-090-0085 Payment for Monthly Use of Parking Facilities (1) State Employees who have a Work Location within the Capitol Mall Parking Area, at the Portland State Office Building, or the Eugene State Office Building are required to pay the cost of their own Parking needs. State Agencies may not pay nor reimburse State Employees for the cost of monthly Parking, nor may State Agencies pay for Parking spaces for State Employee monthly Parking. (2) State Employees, who are in the State payroll system, shall pay for monthly use of Parking Facilities by payroll deduction. The deduction must be authorized in Writing by the State Employee on the form prescribed by DAS as part of the Parking application process. This authorization shall remain in force until the Parking Permit is terminated or the State Employee terminates State employment or is otherwise ineligible for the Parking assignment. State Employees shall immediately notify DAS of any work status or Work Location changes that affect Parking eligibility. (3) Monthly payroll deductions are made automatically in arrears and are made from a State Employee’s final payroll check for Parking charges incurred for any part of a final month. A State Employee requesting a payroll deduction for Parking charges is solely responsible for the content of the payroll deduction request and for verifying the accuracy of the amount of a payroll deduction. A State Employee shall notify DAS of any disputed payroll deduction for Parking charges not later than 15 days after the date of the deduction. (4) Other eligible Parking Facility users not included in subsections (1) and (2) may pay for monthly Parking charges by check, money order, or debit/credit card for the exact amount due. Payment by this method is due in advance by the first calendar day of each month. If payment is not received by the fifth calendar day of the month, the Permit is void and the Parking assignment is immediately cancelled. Such payment must be made in person or by mail or, online to DAS Fleet and Parking Services. (5) Parking spaces or monthly Permits assigned to a State Employee or other eligible Parking Facility users shall not be Sublet to another person except as set forth in OAR 125-090-0132 or as authorized by DAS. Where and when Subletting is authorized by DAS, the total amount collected amongst the participating Members using the Sublet space may not exceed the rate charged for the space by DAS and must be divided as equally as possible to the nearest dollar amongst the participating Members. Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100 Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601 History: DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025
125-090-0115 Other Parking and Transportation Uses Provided; Visitor with Disabilities Notwithstanding OAR 125-090-0004 through 125-090-0145, DAS may provide the following types of Parking and other transportation uses in Parking Facilities: (1) Designated reserved or unreserved free daily or monthly Parking for those statewide elected officials who Park in Parking Facilities. For elected officials with dignitary protection unit (DPU), DAS may provide additional parking spaces at no cost for the DPU vehicles. (2) Free Parking spaces designated for the exclusive use of Motor Vehicles during the loading and unloading of passengers or cargo and reserved for the exclusive use of Service Vehicles. (3) Spaces designated by special use agreement for Parking and other Parking Facility uses to benefit the general public, the local community or the State. DAS may make special use Permits available for this purpose. Parking availability is the decision of the Manager or designated staff. For some uses, DAS may require a written agreement with regard to Permit distribution, charges, and related considerations. Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100 Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601 History: DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025
125-090-0155 Enforcement (1) DAS shall investigate and administer the application of these rules in the Parking Facilities, with its own personnel or it may enter into agreements with other State Agencies, public jurisdictions or private concerns to provide such services. (2) DAS may enter into agreements with local jurisdictions to adjudicate Parking citations issued in accordance with these rules. (a) Such an agreement exists with the City of Salem, the Parking Facilities in the City of Salem, in accordance with Salem Revised Code, Chapter 102. Citations shall be processed and prosecuted in the Municipal Court of the City of Salem. (b) Such an agreement exists with Multnomah County, the Parking Facilities at the Portland State Office Building. Citations shall be processed and prosecuted in the District Court of the State of Oregon for Multnomah County. (3) Parking Facilities shall be subject to all local Parking and traffic ordinances. Such ordinances are adopted and made a part of this rule. (4) Bails and penalties shall be as indicated on the citation. (5) Motor Vehicles found to be in violation of these rules may be impounded in place or towed away. Motor Vehicles towed away will be impounded by the towing company called out to perform the tow. If contacted by the Motor Vehicle owner, DAS will provide the name and phone number of the tow company in possession of the Motor Vehicle. The tow company shall follow all ORS’ and rules applicable to towed and impounded Motor Vehicles. All fines, tow charges, and impound charges applicable to the removal of the Motor Vehicle are the responsibility of the Motor Vehicle owner and shall be paid solely by the Motor Vehicle owner directly to the towing company. Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100 Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594 History: DAS 1-2024, renumbered from 125-090-0130, filed 12/19/2024, effective 12/19/2024 DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021 DAS 7-2009, f. & cert. ef. 7-1-09 DASII 1-1996, f. & cert. ef. 3-1-96
125-090-0165 Authority to Remove or Impound Bicycles or other Unclaimed Property (1) DAS may impound any Bicycle Parked in violation of OAR 125-090-0095(2)(i)(D), causing a safety hazard in a Parking Facility, or abandoned in a Parking Facility by locking it at the Parking Facility or removing it to an impounded storage area. A Bicycle left overnight longer than seven consecutive days without authorization from DAS is considered stored in violation of these rules. Bicycles stored at a Parking Facility in violation of these rules and bicycles not removed from a Parking Facility for more than thirty days will be considered abandoned. (2) DAS shall reasonably attempt to leave a notice with DAS contact information at a Bicycle locked at the Parking Facility and at a site from which DAS removed a Bicycle. DAS shall send notice of impoundment as soon as practical and whenever reasonably possible to the owners of all Bicycles impounded under this rule. (3) DAS shall dispose of unclaimed and abandoned Bicycles and other unclaimed property through the DAS State Surplus Program. Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100 Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601 History: DAS 3-2025, minor correction filed 11/14/2025, effective 11/14/2025 DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025
125-120-0000 Definitions For the purposes of OAR 125-120-0000 through 125-120-0200, to be referred to as the "Leasing Rules", the term: (1) "Administrator" means the Administrator of the Enterprise Asset Management Division of the Department of Administrative Services. (2) "Agency" or "state agency" means any state officer, board, commission, department, institution, branch, or agency of the state government. (3) "Department" means the Department of Administrative Services. (4) "Director" means the Director of the Department of Administrative Services. (5) "Facilities Division" or "Division" means the Real Estate Services Program, Enterprise Asset Management Division of the Department of Administrative Services. (6) "Lease" means a lease for office quarters between an agency and a lessor other than the Department, including interagency and intergovernmental lease or sublease. (7) "Office quarters" means office space, office buildings and associated service, storage and parking facilities for state agencies, and may include factory-built, modular, or portable units, but excludes stand-alone storage and parking facilities. (8) “Significant Lease” means office space, office buildings and associated service, storage and parking facilities for state agencies, and may include factory-built, modular, or portable units, but excludes stand-alone storage and parking facilities. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.420 & 276.428 History: DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15 DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0010 Exemptions Notwithstanding OAR 125-120-0000(2), the Legislative Assembly, the courts and their officers and committees, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional officers are exempted from complying with OAR 125-120-0000 through 125-120-0200 (the leasing rules), unless any of these exempted parties chooses to request services of the Department for any office space assignments or for leasing services for acquiring privately owned office quarters; in which cases all applicable provisions of the leasing rules shall be followed. Statutory/Other Authority: ORS 276.428 & 283.060 History: GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0020 Assignment of Office Quarters (1) When an agency requires an assignment of office space or leased office quarters, the agency shall first estimate the space requirements, in accordance with the Department’s Office Space Standards, DAS Policy 125-6-100, and submit a completed Space Assignment Request form to the Division. (2) Facilities Division shall review and approve Space Assignment Requests and shall allocate office quarters in the following order of priority: first, office quarters owned or managed by the Department, when available and feasible; second, other state-owned or state-leased office quarters when available and feasible; third, and only if neither of the foregoing office quarters is available and feasible will the Department consider approving any lease for office quarters. The State Capitol and the Supreme Court Building are not subject to space assignment by the Department. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.410 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0030 Allotment of Space in Office Quarters (ORS 270.410) Allotment of space in all leased office quarters shall be guided by the Department’s Office Space Standards (Policy #125-6-100). Statutory/Other Authority: ORS 276.428 & 283.060 History: GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0040 Measuring Office Quarters The Division will use the standards of the American National Standards Institute (ANSI) as adopted by the Building Owners and Managers Association (BOMA) as a guide in measuring office space. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.410 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0050 Space Allocation/Rental Agreement (1) Agencies occupying Department-owned office quarters shall sign and comply with the Department’s Space Assignment/Rental Agreement. (2) The Division may charge and collect from any agency violating the terms of such Agreement, the cost of correcting the damages resulting from the agency’s violations. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0060 Complying With Local Policies All facility siting shall comply with local land use plans, and if possible, community development policies, pursuant to Department of Administrative Services’ OAR 125-110-0001 (the Land Use Coordination Rule). Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0070 Leasing Authority (1) The Department, acting through its Facilities Division, shall supervise and conduct negotiations for all leases, rental agreements and related site selections for office quarters, unless otherwise authorized by the Division in writing. (2) No lease or rental agreement shall be binding upon the state or any agency unless such lease or rental agreement has been approved by the Division in accordance with ORS 276.428. (3) The tenant agency Representative, as identified by the Division to the lessor, may communicate with build-to-suit lessors during construction, and with other lessors during remodeling or renovations of office quarters. The tenant agency representative shall not communicate changes in the scope or specifications of lessor’s work directly with lessor’s contractor(s), unless so authorized by the lessor. In any case, all change orders must be processed through Facilities Division. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0075 Technical Assistance and Leasing Services for Non Office Quarters (1) Leases for facilities other than office quarters (such as prisons, medical clinics, dormitories, laboratories) are not subject to the Departments’s supervision and approval and are exempted from complying with OAR 125-120-0000 through 125-120-0200 (the Leasing Rules). (2) Upon written request from an agency, the Facilities Division may provide leasing services and technical assistance in any manner it deems appropriate to best serve the interests of the state. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
125-120-0080 Subleases by an Agency (1) Facilities Division must review and approve all subleases by or for all agencies subject to the Leasing Rules. (2) Any agency that has office space that is not needed for agency purposes, which the agency believes it is feasible to backfill, shall inform the Division. The Division will provide assistance to the agency in back filling the surplus space. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0090 Leasing or Renting Involvement of a Requesting Agency (1) When the Division determines it to be in the best interests of the state, the Division may delegate to a requesting agency, in writing, certain aspects of the leasing process under the guidance and supervision of the Division. (2) An agency may seek rental market information, but an agency shall not make commitments to lease or negotiate a lease unless authorized in writing by the Division. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0100 Lease Renewal (1) Approximately eighteen months before an agency's lease expires, Division will notify the agency in writing and request the agency's plans for office quarters upon expiration of its lease. (2) The agency shall respond within thirty days of receipt of the notice and inform Division of its plans for office quarters. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15 DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0110 Agency Commitment (1) Before Facilities Division approves an agency’s request for office quarters, the head of the requesting agency, or designee, shall certify that legislatively approved funds are available to meet the obligations under the proposed lease for the current biennium and that the Agency intends to request funding to continue the lease for the full term of the lease. Facilities Division will assist the requesting Agency to compile a cost estimate for suitable office quarters. (2) Facilities Division may charge and collect for leasing services provided to an Agency if the agency withdraws its’ request for office quarters during any stage of the leasing process, except when such withdrawal is due to unanticipated causes beyond the Agency’s control. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.429 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0120 Locating Office Quarters Division has the statutory authority to search, select and negotiate for office quarters to rent or lease in any manner necessary to best serve the interests of the state. Division also reserves the right to reject, in the best interest of the state, any and all offers received while conducting solicitation for offers on leasable properties or facilities. Unless exempted by the Administrator, Division will search for available office space in a manner consistent with applicable executive orders, policies and in the best judgment of Division. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.426 History: DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15 DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90