justicedao/ipfs_state_laws huggingface dataset:
607-030-0040 Chair and Other Officers Annually, at the first regular meeting of the Commission at the beginning of the new fiscal year the Commission will elect from its members a Chair, a Vice Chair and a Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair, or Treasurer may resign as such or may be removed from that position by vote of a majority of the Commissioners. If the Chair, Vice Chair, or Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant, and the Treasurer will oversee the financial records of the Commission. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OTFC 1-2003, f. 11-26-03, cert. ef. 1-1-04
607-040-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Tall Fescue Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTFC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
607-040-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th Street Cut Off SE, Salem, OR 97302. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTFC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
607-040-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 607-040-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 607-040-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTFC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
607-040-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 607-040-0060. (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTFC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
607-040-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the Oregon Tall Fescue Commission to the commission at the address provided in 607-040-0020. (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTFC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
609-010-0100 Definitions As used in this division of administrative rules, unless the context requires otherwise: (1) “Agreement” means a document describing an understanding between the Council and a recipient of Funds, including but not limited to a grant, loan, or memorandum of understanding. (2) “Council” means the Oregon Invasive Species Council. (3) “Emergency” means that one or more Invasive Species that is new to the state, or that exhibits a substantial range expansion within the state, threatens the health and integrity of Oregon’s native flora and fauna. (4) “Funds” means money in or disbursed from the Invasive Species Control Account. (5) “Invasive Species” has the meaning given that term in ORS 570.755. (6) “Invasive Species Emergency” means a declaration by the Council that an Emergency exists or is imminent, and that the Emergency is of such magnitude that Funds are needed to terminate or lessen the threat. Statutory/Other Authority: ORS 570.800 Statutes/Other Implemented: ORS 570.800 & 570.810 History: OISC 1-2010, f. & cert. ef. 5-28-10
609-010-0110 Purpose The purpose of this division of rules is to provide criteria and procedures for administration of the Oregon Invasive Species Control Account. Statutory/Other Authority: ORS 570.800 Statutes/Other Implemented: ORS 570.800 & 570.810 History: OISC 1-2010, f. & cert. ef. 5-28-10
609-010-0120 Eligible Applicants (1) A person, state or local government, unit of state or local government, an Indian tribe, or a unit of the federal government, may request that the Council declare an Invasive Species Emergency and release Funds. (2) The request must be sent to the Council in writing and include a response plan with the following elements: (a) A risk assessment for the Invasive Species; (b) Information about efforts implemented to control or eradicate the Invasive Species in other locales; (c) Methodology proposed to eradicate or control the infestation; (d) Budget to respond to the infestation; (e) Timeline for activities associated with response to the infestation; and (f) Methods to evaluate control or eradication success. (3) Requests not meeting review standards may be returned for correction or completion, or may be denied further consideration. Statutory/Other Authority: ORS 570.800 Statutes/Other Implemented: ORS 570.800 & 570.810 History: OISC 1-2010, f. & cert. ef. 5-28-10
609-010-0130 Standards to Determine Eligibility for Release of Funds (1) The Council may release Funds only after declaring an Invasive Species Emergency and determining that the action items that are described in the response plan: (a) Are economically, scientifically, and environmentally defensible and sound; (b) Contribute to the effective control or eradication of Invasive Species populations or infections; (c) Achieve a favorable cost/benefit ratio relative to other options considered; and (d) Respond to an Invasive Species that the Council has deemed to be a high risk to Oregon’s economy and environment. (2) The following expenditures are not eligible for funding through the Oregon Invasive Species Control Account: (a) Operational costs of managing Invasive Species that are widely established in Oregon; and (b) Any cost that the Council deems is not necessary to respond to an Emergency. (3) Outreach, education, and research related to Invasive Species are not generally eligible, but in a specific Emergency they might be part of an appropriate response plan and may be approved by the Council. Statutory/Other Authority: ORS 570.800 Statutes/Other Implemented: ORS 570.800 & 570.810 History: OISC 1-2010, f. & cert. ef. 5-28-10
609-010-0140 Process for Declaration and Release of Funds (1) Council members will review the request to declare an Invasive Species Emergency. (2) During the review process, the Council may consider technical and other information obtained from sources other than the applicant, including, but not limited to, the Governor’s Natural Resources Cabinet. (3) If the Council declares an Invasive Species Emergency, the Council may enter an agreement with a person, state or local government, unit of state or local government, Indian tribe, or federal government that will be responsible for implementing a portion or all of the response plan. The agreement must include all terms required by law and include provisions for the following: (a) Incorporation of the response plan. (b) The maximum amount of Funds to be disbursed. (c) Disbursement of the Funds according to a payment schedule that is incorporated as an integral part of the agreement. (d) The recipient of Funds shall submit one or more interim reports for evaluation by the Council. The recipient of Funds shall submit the reports either on a schedule that is incorporated into the agreement or upon the request of the Council. Each report must include: (A) Documentation of project results to date; (B) Projections of short-range and long-range results; (C) Any modifications to the response plan; (D) Budget status; and (E) An update on the likelihood of successful eradication. (e) In the event an interim report is deemed unsatisfactory by the Council, the Council reserves the right to cancel the agreement and stop payments. (f) Within six months of the official close of the action items designated in the agreement, the Fund recipient shall submit a final report to the Council. This report will provide the most current and detailed information on project benefits as compared with the original criteria. (g) In the event that a Fund recipient cannot complete any project within the agreement timelines, the Fund recipient shall inform the Council and request a formal extension for use of the Funds. (h) The Fund recipient shall return all unexpended Funds to the Council for deposit in the Invasive Species Control Account. Statutory/Other Authority: ORS 570.800 Statutes/Other Implemented: ORS 570.800 & 570.810 History: OISC 1-2010, f. & cert. ef. 5-28-10
611-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending, or repealing any permanent rule, the Oregon Raspberry and Blackberry Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Raspberry and Blackberry Commission's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing or furnishing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in the Commission’s rulemaking and publications whose readers have an interest in the Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183.341(4) Statutes/Other Implemented: ORS 183.335 History: ORCB 1-2001, f. & cert. ef. 2-20-01 RBC 1-1995, f. & cert. ef. 3-21-95 OCC 1-1981, f. & ef. 7-22-81
611-010-0005 Definitions (1) "Person" means any individual, corporation, association, partnership or joint stock company. (2) "Commission" means the Oregon Raspberry and Blackberry Commission. (3) "Casual Sale" means any sale or sales of caneberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 500 lbs. (4) "First Purchaser" means any person who buys caneberries from the producer in the first instance, or handler who receives the caneberries in the first instance from the producer for resale or processing. (5) "Producer" means a person or other legal entity producing caneberries in Oregon for market, whether as a landowner, landlord, tenant, sharecropper or otherwise. (6) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in caneberries, whether as owner, agent, employee, broker or otherwise. (7) Caneberries consists of the trailing berries species: (a) Rubus sp. hyb. (including, but not limited to, the cultivars Boysen, Logan, and Marion); and (b) R. Laciniatus West. (Evergreen Thornless Blackberry) and raspberries species including, but not limited to; (c) R. idaeus-strigosus L. (Red Raspberry); and (d) R. occidentalis L. (Blackcap Raspberry). All caneberry cultivars sold commercially are to be included. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 History: ORBC 3-2022, minor correction filed 06/27/2022, effective 06/27/2022 ORBC 2-2022, amend filed 05/24/2022, effective 06/15/2022 ORBC 1-2011, f. & cert. ef. 9-29-11 OCC 2-1981, f. 7-22-81, ef. 7-23-81
611-010-0010 Assessments (1) Any first purchaser shall deduct and withhold an assessment of 1 percent of the gross value of the raw product of the berries delivered to a processor before any deductions from the price paid to the producer thereof, after July 6, 1987, for all caneberries grown in Oregon. (See definition of "First Purchaser".) (2) Any producer who sells directly to a retailer or sells directly at farmers’ markets or farmstands is obligated to pay the assessment. (3) All casual sales of caneberries shall be exempt form the assessment. (See definition of "Casual Sale".) Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.335 History: ORBC 5-2022, amend filed 06/28/2022, effective 06/28/2022 ORBC 2-2022, amend filed 05/24/2022, effective 06/15/2022 ORBC 2-2013, f. & cert. ef. 7-16-13 ORBC 1-2003, f. & cert. ef. 5-12-03 ORBC 1-2002, f. & cert. ef. 5-17-02 ORCB 1-2001, f. & cert. ef. 2-20-01 OCC 4-1987, f. & ef. 12-1-87 OCC 3-1987(Temp), f. & ef. 7-30-87 OCC 2-1987, f. & ef. 7-6-87 OCC 2-1981, f. 7-22-81, ef. 7-23-81
611-010-0015 Reports and Payments of Assessment Moneys (1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports for purchases by or deliveries to a first purchaser of caneberries during the period of November 30th through August 31st shall be postmarked on or before October 15th. Assessment reports for all purchases by or deliveries to a first purchaser of caneberries from September 1st through November 29th, shall be postmarked on or before December 15th. (2) When a first purchaser or handler has completed, signed and forwarded a report covering his final purchase of caneberries for the crop season, he may mark such report in large letters “Final Report For This Crop Season.” No further reports are necessary by such first purchaser unless or until additional purchases are made. (3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission. (4) At the time that reports are due the Commission from the first purchaser or first handler, as required in section (1) of this rule, the first purchaser or first handler shall attach or forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser or first handler and completely filled out, and shall include, in addition to all other required information and figures, the name and complete mailing address of each producer, species of berries, total dollars paid, and 1% of dollar ($) value. (5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. Examples would be the sale by a producer direct to a peddler, to a retail store, etc. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325, 576.335 & 576.345 History: ORBC 1-2002, f. & cert. ef. 5-17-02 ORCB 1-2001, f. & cert. ef. 2-20-01 OCC 2-1981, f. 7-22-81, ef. 7-23-81
611-010-0020 Penalties Penalty for delaying transmittal of assessment moneys (ORS 576.355): "In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one-half percent of the amount due for each month of delay thereafter." Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.355 History: ORBC 1-2005, f. & cert. ef. 1-13-05 OCC 2-1981, f. 7-22-81, ef. 7-23-81
611-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 611-010-0010(1), or the reports required under 611-010-0015, applies to and covers any purchase by him or delivery on or after July 6, 1987, of caneberries grown in Oregon. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.335 History: OCC 4-1987, f. & ef. 12-1-87 OCC 3-1987(Temp), f. & ef. 7-30-87 OCC 2-1981, f. 7-22-81, ef. 7-23-81
611-020-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Raspberry and Blackberry Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019
611-020-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 4845 B SW Dresden Ave., Corvallis, OR 97333 Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ORBC 1-2019, adopt filed 10/25/2019, effective 10/25/2019