justicedao/ipfs_state_laws huggingface dataset:
642-020-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Mint Commission no later than the last day of the fiscal year in which the member incurred the expense. For example, a claim for compensation any time from July 1 through June 30 must be submitted by June 30 of that fiscal year. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $200.00 must be authorized by the Oregon Mint Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OMC 1-2022, adopt filed 01/17/2022, effective 01/31/2022 OMC 1-2021, temporary adopt filed 09/20/2021, effective 09/25/2021 through 02/28/2022
642-030-0010 Number of Commissioners, Terms The Oregon Mint Commission will consist of seven (7) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. No commissioner will serve for more than two full consecutive terms of office. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OMC 1-2003, f. 12-10-03, cert. ef. 1-15-04
642-030-0020 Qualifications of Commissioners Members of the Mint Commission will have the following qualifications, which will continue during the term of office of the member: (1) One (1) member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of mint oil; (2) Five (5) of the members will be mint oil producers; (3) One (1) member will be a mint oil handler. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OMC 1-2003, f. 12-10-03, cert. ef. 1-15-04
642-030-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause. (2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OMC 1-2003, f. 12-10-03, cert. ef. 1-15-04
642-040-0010 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 Mint 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: OMC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
642-040-0020 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: OMC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
642-040-0040 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 642-040-0050, 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 642-040-0060, 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: OMC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
642-040-0050 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 642-040-0060. (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: OMC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
642-040-0060 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 Mint Commission to the commission at the address provided in 642-040-0020. (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: OMC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
643-001-0000 Procedure for Notice for Intended Rulemaking So as to provide reasonable opportunity for interested persons to be notified of the Commission's proposed administrative rulemaking actions, the Commission shall give notice of proposed adoption, amendment or repeal of any administrative rule prior to any such adoption, amendment or repeal in the following manner: (1) By causing the notice to be published 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 a list maintained by the Oregon Hop Commission, established pursuant to ORS 183.335(7), at least 28 days before the effective date of the rule; (3) By mailing 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 & 576.305(12) Statutes/Other Implemented: ORS 183.335(1) & 183.341(4) History: HOP 1-2001, f. & cert. ef. 2-7-01 HOP 1-1995, f. & cert. ef. 7-5-95 OHC 1-1978, f. & ef. 7-6-78
643-001-0020 IRS Retirement “Pick Up” (1) The commission shall designate any employee contribution to the Public Employees Retirement System from the employee’s salary as the employer’s contribution, thus “picking up” its employees’ PERS contributions for purposes of Internal Revenue Code 26 USC § 414(h)(2). (2) The contribution shall be deducted directly from each employee’s wages or salary so that the employees do not have the option of receiving their contributions as wages or salary and making the contribution to PERS themselves. (3) Commission employees’ salaries, as reported for tax purposes on their W-2 forms, shall be reduced by the amount of the PERS contributions. Statutory/Other Authority: ORS 576.305 Statutes/Other Implemented: Measure 8, General Election & 11-8-94 History: HOP 2-1995, f. & cert. ef. 7-5-95
643-010-0010 Assessments Any person who is first purchaser as defined in ORS Chapter 576, shall deduct and withhold two cents per pound (002.0) from the price to the producer, on and after September 1, 2024, on a dried weight basis, for all purchases from the producer of hops produced in Oregon. Statutory/Other Authority: ORS 183.325, 576.305 & 576.325 Statutes/Other Implemented: ORS 576.325 History: HOP 1-2024, amend filed 08/27/2024, effective 09/01/2024 HOP 1-2009, f. & cert. ef. 9-1-09 HOP 1-1998, f. & cert. ef. 8-24-98 HOP 3-1995, f. & cert. ef. 8-23-95 OHC 1-1991, f. 6-27-91, cert. ef. 8-15-91 OHC 1-1989, f. 8-2-89, cert. ef. 8-15-89 OHC 1-1979, f. 7-2-79, ef. 8-15-79 OHC 6, f. 8-2-77, ef. 8-15-77 OHC 5, f. 7-12-71, ef. 8-15-70 OHC 3, f. & ef. 7-23-64
643-010-0015 Reports and Payment by First Purchaser (1) The assessment deducted and withheld by a first purchaser as required by law and OAR 643-010-0010 of this order, shall be reported and paid to the Oregon Hop Commission on a calendar monthly basis, except that the first reporting period shall be from August 15, 1964, to September 30, 1964, inclusive. (2) The assessment required by section (1) of this rule shall be due and payable to the Oregon Hop Commission within 30 days after the end of each monthly period. (3) Within 30 days after the end of each monthly period, each such first purchaser shall forward to the Oregon Hop Commission his remittance with his report on the reporting forms which shall be prescribed and furnished by such commission. The forms shall be signed by the first purchaser and filled in with the required data as shown on such forms, including the date the hops were handled, by the first purchaser thereof, the name and address of the producer, the crop year, the number of bales, the pounds of hops, and the assessment deducted and withheld, on each such purchase from the producer thereof. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.355 History: OHC 4, f. 6-16-65, ef. 7-1-65 OHC 3, f. & ef. 7-23-64
643-010-0020 Casual Sales Pursuant to ORS 576.325(1), casual sales by a producer of hops in Oregon shall not be subject to the assessment due and payable to the Oregon Hop Commission. Casual sales shall also be exempted from the inspection requirement of OAR 643-010-0025. “Casual Sales” for the purpose of this rule is defined to mean sale or sales of hops grown by an Oregon producer and sold by the producer directly to a consumer, where the total accumulated such sales to all consumers during the calendar year are not more than 100 pounds. Statutory/Other Authority: ORS 576.295, 576.305(10) & 576.305(12) Statutes/Other Implemented: ORS 576.295, 576.305(10) & 576.305(12) History: HOP 1-1996, f. & cert. ef. 8-12-96 OHC 3, f. & ef. 7-23-64
643-010-0025 Inspection Required All varieties of hops produced in the State of Oregon shall be inspected and certified in the State of Oregon or the State of Washington by the Federal/State Hop Inspection Service for quality and condition of seed, leaf, and stem prior to marketing, processing, or acceptance by first purchaser, whichever occurs first, but in no case later than November 15 of any production year, pursuant to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture. Statutory/Other Authority: ORS 576.295, 576.305(10) & 576.305(12) Statutes/Other Implemented: ORS 576.295, 576.305(10) & 576.305(12) History: HOP 1-2002, f. & cert. ef. 8-16-02 HOP 1-1996, f. & cert. ef. 8-12-96
643-010-0030 Penalties (1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commission will pay a penalty of ten (10) percent of the amount due and will also pay one and one-half (1 1/2) percent interest per month on the unpaid balance of the assessment. (2) A commission may waive the penalty and interest described above upon showing of good cause. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HOP 1-2004, f. & cert. ef. 1-16-04
643-030-0010 Number of Commissioners, Terms The Oregon Hop Commission will consist of nine commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HOP 1-2004, f. & cert. ef. 1-16-04
643-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Hop Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of hop; (b) A majority of the members will be producers; (c) At least one member will be a handler; (d) All members who are not a handler or the public member will be producers. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HOP 1-2004, f. & cert. ef. 1-16-04
643-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two consecutive unexcused absences, or other neglect of duty in office; (2) Use of the commission appointment for financial gain or to avoid financial detriment; (3) Unauthorized use or disclosure of confidential information; (4) Conduct in violation of Oregon government standards and practices laws; (5) Misappropriation or misuse of commission funds; (6) Failure to satisfy one or more qualifications for appointment. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HOP 1-2004, f. & cert. ef. 1-16-04
643-030-0040 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, Vice Chair, Treasurer, and Secretary who will serve until their successors are elected and qualified. The Chair, Vice Chair, Treasurer, or Secretary may resign as such or may be removed from that position by vote of five Commissioners. If the Chair, Vice Chair, Treasurer, or Secretary 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, the Treasurer will oversee the financial records of the Commission, and the Secretary will oversee the written records of the Commission. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HOP 1-2004, f. & cert. ef. 1-16-04
644-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Sheep 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 prior to the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Sheep Commission mailing list, established pursuant to ORS 183.335(7), at least 28 days prior to the effective date of the rule; (3) By mailing a copy of the notice to legislators specified in ORS183.335(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 Commission’s rulemaking and publications whose readers have an interest in Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183.335(1)(b) Statutes/Other Implemented: ORS 183.341(4) & 577 History: SHEEP 1-2003, f. & cert. ef. 1-6-03 SC 1-1995, f. & cert. ef. 8-30-95 SC 1, f. & ef. 12-20-77
644-005-0005 Purpose The Oregon Sheep Commission (OSC) occasionally requires the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91
644-005-0010 Basic Policy (1) The OSC will contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission’s own work force; when it will be less expensive to contract for the work; when an independent and impartial evaluation of a situation by recognized professional is required; or when the Commission is directed by statute to contract for services. Contracts will be let only after approval of Commission. (2) Agreements for the services of a contractor who is a member of the Public Employes’ Retirement System and who is employed in another public agency usually will be by interagency agreement. (3) In selecting between two or more equally qualified bidders when awarding contracts, preference may be given to individuals and businesses which have prior successful experience with commodity commissions. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91
644-005-0015 Definitions (1) “Competitive Negotiation” (formal bidding) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized. (2) “Non-Competitive Negotiation” (sole source) is procurement through solicitation of a proposal from only one source. (3) “Small Purchase Procedures” (informal bidding) are those relatively simple and informal procurement methods whereby price or rate quotations are obtained from a number of sources and selection made on the basis of cost and other applicable criteria. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: SC 1-1991, f. & cert. ef. 2-27-91