justicedao/ipfs_state_laws huggingface dataset:
125-055-0120 Order of Precedence In the event of a conflict between this Rule and the provisions of the Contract, this Rule shall control. In the event of a conflict between this Rule and the Privacy Rule or the Security Rule or the HITECH Act, or the provisions of the Contract and the Privacy Rule or the Security Rule or the HITECH Act, the Privacy Rule and the Security Rule and the HITECH Act shall control. The requirements set forth in this Rule are in addition to any other provisions of law applicable to the Contract. Provided, however, this Rule shall not supercede any other federal or state law or regulation governing the legal relationship of the parties, or the confidentiality of records or information, except to the extent that HIPAA and the HITECH Act preempt those laws or regulations. Any ambiguity in the Contract shall be resolved to permit Agency and Business Associate to implement and comply with HIPAA, the HITECH Act, the Privacy Rule and the Security Rule. Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140 Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264 History: DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2010, f. & cert. ef. 11-15-10 DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11 DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05 Reverted to DAS 3-2003, f. & cert. ef. 6-27-03 DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05 DAS 3-2003, f. & cert. ef. 6-27-03 DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03
125-055-0125 Methods of Compliance In addition to referencing compliance with this Rule in a Contract with a Business Associate, Agency may comply with this Rule in any of the following ways: (1) Memorandum of Understanding. If a Business Associate is a government entity, the parties may comply with the requirements of this Rule by entering into a memorandum of understanding that accomplishes the objectives of this Rule and meets the Business Associate requirements of the Privacy Rule and the Security Rule. (2) Amendment. Agency may comply with the requirements of this Rule by executing an amendment or rider that amends Agency's Contract and that contains the contract provisions required by this Rule. (3) Required by Law. If a Business Associate is Required by Law to perform a function or activity on behalf of an Agency or to provide a service described in the definition of Business Associate to an Agency, such Agency may disclose Protected Health Information to the Business Associate to the extent necessary to comply with the legal mandate without meeting the requirements of this Rule, provided that the Agency attempts in good faith to obtain satisfactory assurances required by OAR 125-055-0115, and, if such attempt fails, documents the attempt and the reasons that such assurances cannot be obtained. Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140 Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264 History: DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2010, f. & cert. ef. 11-15-10 DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11 DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05 Reverted to DAS 3-2003, f. & cert. ef. 6-27-03 DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05 DAS 3-2003, f. & cert. ef. 6-27-03 DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03
125-055-0130 Standards in Individual Contracts (1) Agency and Business Associate may enter into a Contract that contains more stringent standards than those set forth in this Rule as long as such standards do not violate the requirements of the Privacy Rule or the Security Rule or the HITECH Act. (2) Agencies shall use one of the forms provided or approved by the Department of Administrative Services when entering into personal services contracts as defined in OAR 125-246-0110. For revised forms up to a cumulative value of $150,000 and before an Agency may use a revised form, it must obtain its Designated Procurement Officer’s approval of any revisions to the form’s terms and conditions. For revised forms exceeding a cumulative value of $150,000 and before an Agency may use a revised form, it must obtain Department of Justice approval of any revisions to the revised form’s terms and conditions. Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140 Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264 History: DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2010, f. & cert. ef. 11-15-10 DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11 DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05 Reverted to DAS 3-2003, f. & cert. ef. 6-27-03 DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05 DAS 3-2003, f. & cert. ef. 6-27-03 DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03
125-060-0005 Management of the Capitol Mall Housing Units (1) ORS 276.046 and 276.054, authorizes the Department to purchase or acquire by agreement or donation, for development as a part of the Capitol area, the land lying in the area of the City of Salem bordered by Capitol and Winter Streets on the east and west and by Court Street on the south to D Street on the north. (2) The Department may operate housing units acquired under section (1) of this rule as state office quarters, or as rental properties for any appropriate private commercial use. (3) For each Mall housing unit used as a private commercial rental unit, the Department may: (a) Set rental rates, security deposits and fees at par with the prevailing comparable market rates, and apply such rate schedule for the year with some adjustments allowed taking into consideration the prevailing market conditions or the condition of repairs of the rental unit; (b) Enter into a written rental agreement with tenants on a month-to-month tenancy basis or a longer term lease, when appropriate; (c) Conduct periodical inspections to ensure the tenant performance of the responsibilities under the rental agreement; (d) At any time during the tenancy the Department may order the tenant to repair or correct the conditions listed below to be performed within a reasonable period of time specified, or in case the tenant does not apply, the Department may undertake the repair or the corrective action required, and charge the tenant for the costs. The conditions for such action shall include, but not be limited to, any damage to the premises above and beyond normal wear and tear, excessively unclean and unkept conditions which present health or fire hazards requiring a major cleaning work or a disposal of garbage and rubbish, any apparent pet damages, and any seriously neglected maintenance of the lawn and landscape. (4) For Mall housing units used as state office quarters, the Department may manage the units in accordance with other appropriate policies of the Department. Statutory/Other Authority: ORS 276.046, 276.054, 276.285 & ORS 283 Statutes/Other Implemented: ORS 276.046, 276.054, 276.285 & ORS 283 History: DAS 2-2018, amend filed 06/26/2018, effective 07/01/2018 GS 3-1983, f. & ef. 1-19-83
125-070-0000 Gifts and Donations for the Benefit of the Programs of the Real Property Division (1) As authorized under ORS 276.005(3), the Department may accept on behalf of the State of Oregon any gifts, grants and donations from public and private sources for the purposes set out in ORS 276.005(1). Any prospective donor may contact the Facilities Division Administrator or the Director of the Department to consult or to propose making gifts, grants or donations of any value stipulating conditions or limitations, if any. Such proposals may be addressed to: Director, Department of Administrative Services, 155 Cottage Street N.E., Salem, OR 97310. (2) Gifts, grants and donations approved under section (1) of this rule will be received by the Director or a designee. Funds will be deposited by the Department in appropriate separate trust accounts to be used for the purposes for which the gifts, grants or donations are made. When no specific designations are made by the donor, the Department shall deposit such amounts in the Capital Projects Account established under ORS 273.004(2), subject to any limitations imposed by the donor. When the Department determines that any stipulation or limitation imposed by the donor will result in violation of any applicable law or is contrary to any rules or policies of the state, the Department shall decline acceptance of such donation or gift. All donations or gifts, except landscape donations, must be approved by the Director before such an offer can be accepted by the Department. (3) All proposed landscape donations are subject to review and approval by the Administrator of the Facilities Division or the Administrator’s designee. Proposed donations may be incorporated into the landscape or the facilities only if the following criteria are satisfied: (a) Compatibility with the Department’s master plans or, in areas not covered by such plans, compatibility with existing facilities; (b) Compatibility with the local conditions; (c) Age and the anticipated general condition of the donation; (d) Anticipated maintenance requirements. (4) Memorial or donation plaques associated with any landscape donation are discouraged by the Department in order to simplify the environment and minimize maintenance. However, in case any such plaque is stipulated by the donor and approved by the Department, the donor shall provide the cost for the purchase of such plaque. The size and type of such plaque shall be determined by the Department. The Department may provide the mounting post and the necessary labor for the installation. Statutory/Other Authority: ORS 276 & 283 History: GS 3-1983, f. & ef. 1-19-83
125-075-0000 Restrictions on the Use of Capitol Mall Heliport (1) The Capitol Mall Heliport, located at the open recessed area between the State Library Building and the Public Service Building, is a non-public, restricted use facility registered with the State of Oregon Aeronautics Division and the Federal Aviation Administration. No one may use this Heliport without first receiving permission to use it from the Department of Administrative Services. The use of this Heliport is restricted and permission for use is given only for official state business or emergencies in following instances: (a) Official state business use by the Governor, the President of the Senate, the Speaker of the House or the Chief Justice of the Supreme Court; (b) Emergencies (e.g., air ambulance, catastrophes, etc.) to be so defined and approved by the Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services. (2) All requests for the Heliport use, with no exception, must be directed to and approved by: Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone: 378-2865. (3) All users of the Heliport must inform the Department in advance of the estimated time of landing and lift-off so that the Department can notify the Capitol Mall Area Security personnel to clear the Heliport area to ensure safety. (4) All Capitol Mall Heliport air traffic shall contact the Salem Airport FAA Control Tower to receive advisories in approaching or departing the Heliport. (5) Any unauthorized use of the Heliport shall be reported to the State of Oregon Aeronautics Division and may be prosecuted under ORS 276.990 and other applicable provisions of law. Stat.: Auth.: ORS 276 & 283 History: GS 3-1983, f. & ef. 1-19-83
125-075-0015 Possession or Use of Firearms, Alcoholic Beverages and Illegal Substances on the Grounds, Parking Areas (Structures, Facilities, Lots) and Premises of Buildings Under Department Control (1)(a) Possession or use of firearms or other weapons of any kind, including any explosives, air guns, or slingshots on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control is governed by federal and state laws. (b) The provisions of this section do not apply to firearms in the possession of or stored for official public business authorized by statute for peace officers or for members of any state or national military organization. (2)(a) The sale, possession and consumption of alcoholic beverages are governed by federal and state laws, local ordinances, and regulations in compliance with a permit. Visitors to any grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control must comply with any directives given to them by law enforcement authorities and employees specifically designated by the Department to investigate observed or reported violations and to issue oral or written warnings or citations to enforce Department rules. (b) Wine is permitted when stored or used for official public business by the Department of Agriculture under ORS Chapter 576; (c) Alcoholic beverages are permitted if stored legally in any private vehicle in transit through or while legally parked on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control. (3)(a) It is unlawful for any person to possess illegal drugs on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control. (b) Illegal drug activities are subject to federal and state laws; local ordinances and regulations; and State Policy 50.000.01 Drug-Free Workplace. Any person who uses, possesses, or distributes illegal drugs on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control is subject to criminal prosecution by state and federal authorities. Statutory/Other Authority: ORS 276 & 283 History: DAS 1-2009, f. & cert. ef. 1-6-09 GS 3-1983, f. & ef. 1-19-83
125-080-0010 Sales or Solicitations in State Office Buildings Under the Department of Administrative Services’ Control (1)(a) In any state office building premises under the jurisdiction of the Department of Administrative Services, any temporary walk-in sales activity or solicitations by any person who is not a state employee shall be restricted and require permits issued by the Department of Administrative Services; (b) Such temporary sales or solicitation activities restricted under this rule shall include, but not be limited to, hawking, peddling, vending or selling goods, wares, merchandise, foods, beverages or services; soliciting donations or signatures; or distributing handbills or posting posters on any wall space designated for such purposes by the agency leasing the space; (c) Any wall space designated for posting information on bulletin boards are for state business and related purposes only. (2) Permits for any restricted activity under section (1) of this rule may be issued by the Department provided a written request for a permit is received by the Department at least seven days in advance, and such proposed activity is determined by the Department as not likely to interfere with the normal operation of the building or working conditions of the building residents. No sales or solicitations shall be permitted at workstations of the building residents. (3) All permit applicants shall specify in the application or request for permission the time, place, type of activity being proposed and state the organizational affiliations, if any. (4) The Department may issue permits under this rule for the following activities specifying the time and place where the permitted activity may be conducted: (a) Sales of products or other activities which are in the judgment of the Department to be of some significant benefit or relevance to the residents of the state office building in conducting their official business, or in the general public interest; and; in addition; (b) When such sales of products or other activities referred to under subsection (a) of this section are conducted by members of and on behalf of any nonprofit organization whose primary mission is for services for youth, charitable organizations or services for the public. (5) State employees shall not engage in any sales or solicitation activities in any Department controlled premises, except when so authorized by their own employing agency. (6) Any inquiry or permit applications under this rule should be addressed to: Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone 378-2865. Statutory/Other Authority: ORS 276 & 283 History: GS 3-1983, f. & ef. 1-19-83
125-085-0000 State Recycling Program (1) The Department of Administrative Services shall operate the state agencies recycling program established under ORS 279 .560 by contracting with persons or firms for the collection, processing, and marketing of such recyclable products. Terms and conditions of such contract may include provisions for the following specifications: (a) The acceptable waste paper products for the collection may include: (A) White ledger or bond paper; (B) Stationery and letterheads; (C) Plain bond machine copies; (D) Computer printouts; (E) Envelopes; (F) Colored paper; (G) Newspapers; (H) Cardboard; (b) Other acceptable products for collection may include but are not limited to, plastic, glass and metal, as determined for acceptability by the Department's recycling program; (c) The collection schedule and the method of accounting for quantities collected; (d) The rates and the payment schedule. (2) In selecting contractors under section (1) of this rule, the Department may, under ORS 279 .015, and 279.835 to 279.855, give preference to nonprofit organizations which provide opportunity to persons with disabilities who reside in the State of Oregon, but awarding of contracts will be based on contractor's experience, capability and payment arrangements offered to the Department. (3) All inquiries concerning the Department's recycling program for state agencies and all collection accounting reports or other contact from contractors should be addressed to: State Recycling Coordinator, State Recycling Program, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, Oregon 97310. Statutory/Other Authority: ORS 276, 279 & 283 Statutes/Other Implemented: ORS 279.545, 279.550 & 279.560 History: DAS 2-2013, f. 10-28-13, cert. ef. 11-1-13 TPPSD 2-1994, f. 12-22-94, cert. ef. 1-1-95 GS 3-1983, f. & ef. 1-19-83
125-090-0002 Purpose (1) DAS establishes these rules to regulate the use of Parking Facilities for parking of Motor Vehicles and Bicycles and to provide for other transportation uses consistent with the policies stated in ORS 276.591 and Executive Order 17-21. (2) DAS, through the Director and other administrative officers designated by the Director, is authorized to implement and to provide for the enforcement of these rules. (3) The Director of DAS delegates to the Manager the authority and responsibility for the implementation, administration, and enforcement of these rules. (4) The Manager is authorized to render written and oral interpretations and to adopt procedures necessary for the proper administration and enforcement of these rules. The Manager’s authority includes but is not limited to determining: (a) Priorities for uses of Parking Facilities and management of space assignments; (b) Incentives and other methods to encourage use of Alternative Transportation Modes; (c) The number and types of parking and other Permits, and Permit sizes, forms and content; (d) Conditions under which grounds and Parking Facilities may be used; and (e) Eligibility and application procedure for parking and other Permits, the uses granted by each type of Permit, and the circumstances when a Permit must be displayed. (f) Exemptions to this rule on a case by case basis when in the best interest of the State or public to do so. (5) DAS may install traffic control devices and use other appropriate signs to post notice of these rules at Parking Facilities. DAS may issue parking prohibitions and use restrictions at each Parking Facility that govern the use and operation of said facility; DAS shall give notice of such prohibitions or restrictions by posting appropriate signs in plain view, on Permits issued for facility access, or on user agreement and applications. (6) DAS considers all parking information confidential and will only release information to authorized users and as required by law. Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110 Statutes/Other Implemented: ORS 98.805, 190.240, 276.591 & 283.110 History: DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021 DAS 7-2009, f. & cert. ef. 7-1-09
125-090-0003 Eligibility (1) Requirements for assignments in Parking Facilities: DAS may limit Parking eligibility to any State Employee based on the State Employee’s Work Location. DAS may limit eligibility at any Parking Facility controlled by DAS to State Employees whose Work Location is at that building. (2) State Employees who receive assigned parking at designated Tenant-only DAS owned or managed Parking Facility must be a Tenant of that building. (3) Any State Employee who has received a parking assignment in a facility for Tenants only and has moved to a different Work Location is no longer eligible for a parking assignment in that Parking Facility. Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110 Statutes/Other Implemented: ORS 98.805, 190.240, 283.110 & 276.591 History: DAS 4-2022, amend filed 05/10/2022, effective 05/15/2022 DAS 1-2021, adopt filed 06/16/2021, effective 07/01/2021
125-090-0004 Parking Facilities Subject to DAS Management and Control A current list of Parking Facilities subject to these rules are available at the DAS Fleet and Parking Services website. 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 125-090-0010, 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