justicedao/ipfs_state_laws huggingface dataset:
731-090-0070 RUC Payer: Refunds for Out of State Mileage/Non-Public Road Mileage (1) Any RUC Payer who has been assessed Road Usage Charges for miles operated off of public roads, or roads outside of Oregon may request a refund from the Department on a form prescribed by the Department. The Department will determine, on a case by case basis, what travel is eligible for refund. (2) The refund request must be postmarked no later than 15 months after the date on which the RUC Payer pays the Road Usage Charge for which a refund is claimed. (3) Refund requests must be accompanied by information acceptable to the Department to support the refund claim. Acceptable information may include, but is not limited to, odometer readings, vehicle trip records indicating out-of-state or non-public road usage of the vehicle, and other documentation supporting a claim. RUC Payers that do not maintain and report this information will not be entitled to a refund. (4) RUC Payers may use daily metered use and location data, as captured by the Mileage Reporting Option, to support their refund claim, only if the Mileage Reporting Option has the capability to differentiate between public and non-public road usage and out of state miles, to a degree acceptable to the Department, and the RUC Payer has requested in writing that the RUC Payer’s Account Manager maintain this data beyond the timeframes established in ORS 319.915. (5) Refund checks will be issued by the Department in January for refunds requested during the previous calendar year. Statutory/Other Authority: ORS 184.619 & 319.883 - 319.990 Statutes/Other Implemented: ORS 319.280, 319.831, 319.885, 319.890, 319.900, 319.905 & 319.910 History: DOT 2-2019, amend filed 10/22/2019, effective 01/01/2020 DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0080 Commercial Account Managers (1) Commercial Account Managers shall provide Metered Use Reports to the Department on intervals as defined in contract. (2) Official Tax Reports and payments from Commercial Account Managers of aggregate Road Usage Charges, including charges not yet remitted by enrolled RUC payers for the Official Tax Reporting Period, will be due to the Department on or before the 20th day following the end of the calendar quarter. The Commercial Account Manager is liable for the tax accumulated by its enrolled RUC Payers. (3) Reports and payments that are not reported in compliance with this section will be assessed penalties and interest as per the contract with the Commercial Account Manager. (4) The Department may waive the late payment charges and interest at its discretion based on individual circumstances for good cause shown. (5) The Department may, at any time during normal business hours, examine the financial records of a Commercial Account Manager, which are applicable to Road Usage Charge collections, including any entities with which the Commercial Account Manager has partnered, subcontracted, or otherwise engaged to provide any aspect of the Commercial Account Manager’s Road Usage Charge services for the Department. This includes examination of physical ledgers, documents, and account information as well as access to electronic records, financial systems, and any other type of records the Department deems necessary to ensure the integrity of the collection process, in compliance with ORS Chapter 319. (6) Commercial Account Managers must make financial records available to the Department at a location in Oregon. Commercial Account Managers who fail to make records available for inspection are subject to assessment of under-paid Road Usage Charges based on reliable information, subsequent collection action, and possible cancellation of the Commercial Account Manager’s agreement with the Department according to the terms of that agreement. Statutory/Other Authority: ORS 184.616 & 184.619 Statutes/Other Implemented: ORS 319.885, 319.900, 319.905 & 319.910 History: DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-090-0090 ODOT Account Manager (1) The Department may outsource the agency’s account management function for the Road Usage Charging to an ODOT Account Manager. (2) The ODOT Account Manager shall provide Metered Use Reports to the Department on intervals as defined in contract. (3) Official Tax Reports and associated Tax Remittance Report from the ODOT Account Manager will be due to the Department on or before the 20th day following the end of the calendar quarter. (4) Official Tax Remittance from the ODOT Account Manager of aggregate Road Usage Charges, which have already been invoiced and paid by the RUC Payer to the ODOT Account Manager, will be due to the Department as soon as payment is made by the RUC Payer. RUC Payers enrolled with the ODOT Account Manager are ultimately liable for the tax. (5) Reports and payments that are not reported in compliance with this section will be assessed penalties and interest as per the contract with the ODOT Account Manager. (6) The Department may waive the late payment charges and interest at its discretion for good cause shown. (7) The Department may, at any time during normal business hours, examine the financial records of the ODOT Account Manager, which are applicable to Road Usage Charge collections, including any entities with which the ODOT Account Manager has partnered, subcontracted or otherwise engaged to provide any aspect of the Account Manager’s Road Usage Charge services for the Department. This includes examination of physical ledgers, documents and account information as well as access to electronic records, financial systems, and any other type of records the Department deems necessary to ensure the integrity of the collection process, in compliance with ORS Chapter 319. (8) The ODOT Account Manager must make financial records available to the Department at a location in Oregon. Account Managers who fail to make records available for inspection are subject to assessment of under-paid Road Usage Charges based on reasonably reliable information, subsequent collection action, and possible cancellation of the ODOT Account Manager’s agreement with the Department according to the terms of that agreement. Statutory/Other Authority: ORS 184.616 & 184.619 Statutes/Other Implemented: ORS 319.885, 319.900, 319.905 & 319.910 History: DOT 4-2017, amend filed 11/17/2017, effective 01/01/2018 DOT 3-2016, f. & cert. ef. 9-26-16 DOT 1-2015, f. 4-21-15, cert. ef. 7-1-15
731-145-0000 Purpose The purpose of these rules, OAR 731, Division 145, is to establish the process by which a city or county may apply for inclusion on the list of jurisdictional transfers of state highway facilities from the ownership of ODOT to the ownership of a city or county, to be recommended for funding and submitted to the Joint Committee on Transportation. Statutory/Other Authority: ORS184.619 & Ch 323 OL 2023 Statutes/Other Implemented: Ch 323 OL 2023 History: DOT 4-2024, adopt filed 08/06/2024, effective 08/06/2024
731-145-0010 Definitions (1) “Applicant” refers to a city or county completing the application. (2) “Joint Committee on Transportation” means the legislative committee described in Oregon Laws 2023, chapter 323. (3) “Jurisdictional transfer” means the transfer of ownership of all or part of a transportation facility from the ownership of one government entity to another, such as from ODOT to a City. (4) “Jurisdictional Transfer Advisory Committee” or “Committee” means the Governor-appointed committee described in Oregon Laws 2023, chapter 323, for purposes of reviewing and recommending for funding applications for jurisdictional transfers. (5) “ODOT” means the Oregon Department of Transportation. (6) “OTC” means the Oregon Transportation Commission. (7) “State of good repair” means a condition in which physical assets, both individually and as a system, are performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them and sustained through regular maintenance and replacement programs. (8) “Transportation facility,” for purposes of these OAR 731, division 145, rules, means a facility and all parts of the facility that are used for conveying and managing the transportation of people and goods. “Transportation facility” includes all associated structures and transportation features. Statutory/Other Authority: ORS184.619 & Ch 323 OL 2023 Statutes/Other Implemented: Ch 323 OL 2023 History: DOT 4-2024, adopt filed 08/06/2024, effective 08/06/2024
731-145-0020 Application Process (1) A city or county may apply to the Jurisdictional Transfer Advisory Committee for inclusion on the list of jurisdictional transfers recommended for funding that is submitted to the Joint Committee on Transportation, in accordance with the requirements described in this rule, OAR 731-145-0020. (2) Pre-Application: (a) A city or county may submit a pre-application to the Committee through the ODOT staff person assigned to the Committee. (b) A pre-application is used to determine eligibility of a city or county to apply to the Committee. (c) To apply as a pre-applicant, a city or county must submit to the Committee the following: (A) A letter or resolution indicating support for the jurisdictional transfer by the governing body of the city or county that proposes to be the receiving jurisdiction. (B) A letter of support for the jurisdictional transfer by the ODOT Region Manager in which the highway is located. (C) A completed pre-application form, available on the Jurisdictional Transfer Advisory Committee Website. (d)The Committee will determine if the Applicant is eligible to apply and respond to the pre-application. (3) Application: (a) Upon receipt of approval of the pre-application, a city or county may submit an application to the Committee through the ODOT staff person assigned to the Committee. (b) For the Committee to consider an application, in accordance with Or Laws 2023, chapter 323, section 1, the application must include, at a minimum, the following: (A) The name of the city or county; (B) A description of the portion of the highway to be transferred; (C) A desired timeline for the transfer; (D) The scope of the transfer; (E) A description of which body assumes liability during and after the transfer; (F) The cost to update the segment of highway transferred to a state of good repair; (G) Plans to provide at least 20 percent of the moneys required for the jurisdictional transfer; (H) A community vision plan that describes the applicant’s plan for managing and improving the highway; and (I) Any other information the city or county deem necessary or helpful to the Jurisdictional Transfer Advisory Committee in making its recommendations to the Joint Committee on Transportation. (4) Information on the Jurisdictional Transfer Advisory Committee and its schedule can be found on the ODOT website ( https://www.oregon.gov/odot/Get-Involved/Pages/Jurisdictional-Transfer-Comm.aspx ). Statutory/Other Authority: ORS184.619 & Ch 323 OL 2023 Statutes/Other Implemented: Ch 323 OL 2023 History: DOT 4-2024, adopt filed 08/06/2024, effective 08/06/2024
731-145-0030 Application Review Process (1) The Jurisdictional Transfer Advisory Committee Chairperson, or their designee, shall receive submitted pre-applications. The Chairperson may schedule a meeting of the Committee to review each pre-application or may hold applications until such time the Committee is able to meet to discuss multiple pre-applications. (2) Upon review of the pre-application(s), the Committee, by a majority vote, will: (a) Invite a city or county to submit an application if the Committee accepts the pre-application; (b) Return the pre-application to the city or county because the pre-application requires additional clarification or further work; or (c) Reject the pre-application and not consider further information related to the application. (3) The Committee will notify a pre-applicant city or county of the Committee’s decision regarding the pre-application. (4) At the close of the application period, the Committee Chairperson, or their designee, shall schedule a meeting for review of applications by the Committee. (5) At the scheduled meeting for review of applications, the Committee shall: (a) Review the applications. (b) If needed, request: (A) Missing or additional information from the applicant in writing, to which the city or county must respond before the Committee may consider the application to be complete; or (B) A presentation by the city or county to the Committee. (c) Develop a list of jurisdictional transfers to present to the Oregon Transportation Commission for review and comment. (6) After soliciting review and comment from the Oregon Transportation Commission, the Committee will develop a list of three jurisdictional transfers to recommend for funding; (7) If fewer than 3 applications are received by the Committee during the application period, the Committee will review the applications and will bring forward its recommendations to the OTC for review and comment before submission to the Joint Committee on Transportation. Statutory/Other Authority: ORS184.619 & Ch 323 OL 2023 Statutes/Other Implemented: Ch 323 OL 2023 History: DOT 4-2024, adopt filed 08/06/2024, effective 08/06/2024
731-145-0040 Report to Joint Committee on Transportation (1) The Committee shall submit a report by September 15 of each even-numbered year to the Joint Committee on Transportation, in a manner provided in ORS 184.285, that includes the list of jurisdictional transfers recommended for funding to the Joint Committee on Transportation. The report must: (a) Contain a list of up to three jurisdictional transfers recommended for funding; and (b) Include the criteria used for selection, a summary of the process used to develop the list of recommendations, a list of the Committee members, and any other information the Committee deems relevant. (2) The Committee Chair or their designee may submit the report to ODOT staff for distribution to the Joint Committee on Transportation. (3) The Committee will provide a copy of the final recommendations to the OTC when the report is submitted to the Joint Committee on Transportation. Statutory/Other Authority: ORS184.619 & Ch 323 OL 2023 Statutes/Other Implemented: Ch 323 OL 2023 History: DOT 4-2024, adopt filed 08/06/2024, effective 08/06/2024
731-146-0010 Application (1) The Oregon Department of Transportation (ODOT) adopts OAR 137-046-0100 through 137-046-0480 in effect as of April 15, 2017. (2) Unless the context of a specifically applicable definition in the Code or Model Rules requires otherwise, capitalized terms used in ODOT’s public contracting rules (ODOT’s Rules) will have the meaning set forth in the division of ODOT’s Rules in which they appear, and if not defined there, the meaning set forth in Code or Model Rules. (3) Unless expressly stated otherwise in a rule below, these division 146 rules apply to all procurements conducted under divisions 147, 148 and 149. If a conflict arises between these division 146 rules and rules in divisions 147, 148 and 149, the rules in divisions 147, 148 and 149 take precedence over these division 146 rules. (4) If a conflict arises between these rules and the Department of Justice Model Rules, General Provisions Relating to Public Contracting, these rules take precedence. Statutory/Other Authority: ORS 184.619 & 279A.065 Statutes/Other Implemented: ORS 279A.030 & 279A.065 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 1-2010, f. & cert. ef. 5-18-10 DOT 5-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10 DOT 7-2006, f. & cert. ef. 11-17-06 DOT 5-2006(Temp), f. & cert. ef. 5-25-06 thru 11-20-06 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
731-146-0012 Delegation of Authority The ODOT Chief Procurement Officer may act on behalf of ODOT and, by written agreement between ODOT and DAS, delegate to DAS on a case-by-case basis Procurements which are under ODOT’s authority. If such delegation is accepted, DAS shall process these procurements under Oregon Administrative Rules Chapter 125, Divisions 246, 247, 248, and 249. The ODOT Chief Procurement Officer may rescind any written agreement issued under this rule. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3), 279A.065(6) & 279A.070 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 5-2005, f. & cert. ef. 8-23-05
731-146-0016 Mixed Contracts (1) Definition. A “Mixed Contract” is a Contract related to a Procurement that will include some combination of Goods, Services, Personal Services, Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services or Related Services that is potentially subject to the rules in chapter 731, divisions 147, 148 and 149, which will be classified as a Goods Contract, a Services Contract, a Personal Services Contract, an Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services Contract, a Related Services Contract, or other kind of Contract according to the predominant purpose of the Contract. (2) Predominant Purpose. A Mixed Contract’s predominant purpose is determined by whether the majority of the amounts paid or received under the Contract will be for a particular kind of service (Personal Services, Architectural, Engineering, Photogrammetric Mapping, Transportation Planning and Land Surveying Services, Related Services, some other kind of Service) or for Goods. (3) Application of the Mixed Contract Concept. (a) ODOT will process a Mixed Contract using the statutes and rules applicable to the Contract’s predominant purpose. (b) If the majority of the amount to be paid under the Contract is for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services, ODOT shall comply with the requirements of ORS 279C.110 and division 148 of these Rules. If the majority of the amount to be paid under the Contract is for Related Services as defined in ORS 279C.100(8), ODOT shall comply with the requirements of ORS 279C.120 and division 148 of these Rules. (c) Design-build Contracts involve the Procurement of both design and construction services for public improvements under one Contract. Under most circumstances, design-build Contracts are Mixed Contracts with the predominant purpose of construction of the public improvement. If the predominant purpose of the Contract is to obtain Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services or Related Services, selection may proceed under ORS 279C.100 through 279C.125 and the OAR 731-148 rules. Otherwise, the selection process will require an exemption from competitive bidding under ORS 279C.335, if non-price factors will be evaluated during the procurement process. If it becomes apparent during the course of a procurement process that a design-build Contract solicited with a predominant purpose to obtain Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services or Related Services in fact involves a predominant purpose to obtain construction of a public improvement, ODOT shall cancel the solicitation and proceed using laws and rules applicable to construction of a public improvement. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3) History: DOT 1-2019, adopt filed 02/21/2019, effective 02/21/2019
731-146-0025 Independent Contractor Status For Services Contracts (1) ODOT must develop a statement of work for services that will not result in an employee relationship with the potential Contractor. (2) An independent contractor certification by Contractors must be included as a contract provision in each contract. (3) If the nature of the services or project is such that an employee/employer relationship will exist, ODOT must hire the individual through normal personnel procedures. (4) The Contract must include the Contractor’s legal name and address. The Contractor must provide its federal Employer Identification Number or Social Security Number to ODOT. (5) The Contract must provide that the Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the contract payment. (6) Failure to comply with subsections (1) through (6) of this section may result in withdrawal of intent to award or termination of the Contract. Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050(3) History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05
731-146-0030 Procurement Files (1) Application. This Rule applies to Procurement Files as defined in this section. “Procurement Files” means any of the following files maintained by ODOT: a solicitation, Contract, Price Agreement, work order contract, amendment or Contract Administration file, separately or collectively. (2) Procurement File documentation and level of detail should be directly related to the dollar value and risk of the procurement. Each Procurement File must contain: (a) An executed Contract, if awarded; (b) The record of the actions used to develop the Contract; (c) A copy of the Solicitation Document, if any; (d) Any required findings or statement of justification for the selection of the Contractor and sourcing method pursuant to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 279B.085 (seven methods for Goods or Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying and Related Services); or 279C.300 through 279C.450 (Public Improvements); (e) A list of prospective Contractors notified of any solicitation; (f) The method used to advertise or notify prospective Contractors of any solicitation; (g) Copy of each Offer that resulted in the Award of a Contract; (h) The method of evaluating Offers, the results of the evaluation, and basis of selection; (i) The record of any negotiation of the statement of work, costs, and results; (j) A record of any material communications regarding the solicitation by interested Contractors; and (k) A copy of the Request for Special Procurement, if any. (3) ODOT must maintain Procurement Files, including all documentation, for a period not less than six (6) years, except for ten (10) years beyond each Contract’s expiration date for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services or for another period in accordance with another provision of law. Statutory/Other Authority: ORS 184.619, 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.050, 279A.065(5) & 279A.070 History: DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019 DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12 DOT 5-2005, f. & cert. ef. 8-23-05 DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05