justicedao/ipfs_state_laws huggingface dataset:
125-125-0524 Criteria and Authority to Permit Divergence from Area Plan Design Standards The Commission may grant variance from the provisions contained in Area Plans imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that the following criteria is met: (1) The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; and (2) The proposed alternative achieves the purposes of the design standards contained in the Area Plan as well or better than a compliant alternative; and (3) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance; and (4) The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section; and (5) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property; and (6) Granting a variance will be consistent with the Area Plan. Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.058 & 276.059 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-010-0039 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 3-2008, f. & cert. ef. 6-17-08 CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
125-125-0526 Master Plan for Development of the Capitol Mall Area The Master Plan for Development of the Capitol Mall Area, 1976, as amended on the effective date of this rule, is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-020-0010 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 1-1997, f. & cert. ef. 2-12-97 CPC 1-1993, f. & cert. ef. 1-27-93 CPC 1-1988, f. & cert. ef. 6-10-88 CPC 1-1986, f. & ef. 1-29-86 CPC 5-1981, f. & ef. 12-1-81
125-125-0530 Airport Road Area Plan The Airport Road Area Plan, 1985 is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-030-0010 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 3-1985, f. & ef. 10-22-85 CPC 4-1982, f. & ef. 4-6-82
125-125-0535 Southeast Salem Area Plan The Southeast Salem Area Plan, 2008 is hereby adopted by reference. This Area Plan replaces the Oregon State Corrections Area Plan, 1985. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-040-0012 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 4-2008, f. & cert. ef. 6-17-08 CPC 2-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 CPC 2-1985, f. & ef. 5-13-85
125-125-0550 Oregon State Fair and Exposition Center Area Plan The Oregon State Fair and Exposition Center Area Plan, 2003, is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-060-0010 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 2-2003, f. & cert. ef. 5-22-03 CPC 1-2003(Temp), f. & cert. ef. 3-19-03 thru 9-14-03 CPC 4-1982, f. & ef. 4-6-82 CPC 1-1982(Temp), f. & ef. 1-5-82
125-125-0555 Oregon State Hospital and Penitentiary Properties Area Plan The Oregon State Hospital and Penitentiary Properties Area Plan, June 2008 is hereby adopted by reference. This Area Plan replaces the Oregon State Hospital and Penitentiary Properties Land Use Plan, 1976, as amended 1983. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-070-0010 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 6-2008, f. 10-9-08, cert. ef. 10-11-08 CPC 5-2008(Temp), f. & cert. ef. 7-17-08 thru 12-31-08 CPC 1-1986, f. & ef. 1-29-86 CPC 1-1983, f. & ef. 11-29-83 CPC 4-1982, f. & ef. 4-6-82
125-125-0565 Oregon State School for the Deaf Area Plan The Oregon State School for the Deaf Area Plan, 1984 is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-090-0010 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 1-1984, f. & ef. 4-2-84 CPC 4-1982, f. & ef. 4-6-82
125-125-0700 Adoption of the DAS-Salem Coordination Plan The DAS-Salem Coordination Plan Development and Management Policies September 19, 2008 is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2009, f. & cert. ef. 1-26-09
125-140-0010 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Department of Administrative Services adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 & 184.340 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232 History: DAS 3-2023, minor correction filed 07/28/2023, effective 07/28/2023 DAS 3-2017, f. 8-29-17, cert. ef. 9-1-17 DAS 1-2017(Temp), f. 5-8-17, cert. ef. 5-10-17 thru 11-5-17 DAS 1-1999, f. 4-30-99, cert. ef. 5-1-99
125-140-0020 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications Pursuant to ORS 36.224, the Department of Administrative Services adopts by reference OAR 137-005-0054 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.230(4) History: DAS 2-2023, minor correction filed 07/28/2023, effective 07/28/2023 DAS 3-2017, f. 8-29-17, cert. ef. 9-1-17 DAS 1-2017(Temp), f. 5-8-17, cert. ef. 5-10-17 thru 11-5-17 DAS 2-1999, f. 5-25-99, cert. ef. 5-26-99
125-150-0000 Claims Against the State Liability Fund (1) The Department of Administrative Services, Risk Management, administers the Liability Fund established by ORS 278.100 to cover the tort liability of the state and its officers, employees, or agents acting within the scope of their employment under ORS 30.260 to 30.300. (2) An individual intending to make a claim against the Liability Fund must follow the notice requirements under ORS 30.275, as amended by Chapter 350, Oregon Laws 1981. (3) Under ORS 30.275, formal notice of a claim against a state officer, employee, or agent may be given by mail or personal delivery to the Director of the Department of Administrative Services. By this policy, the Director delegates responsibility for receipt of liability claims to the Risk Management, Department of Administrative Services. (4) A claimant or representative may file a claim in the following manner: (a) Send or deliver a written statement to the Risk Management, including the following information: (A) A statement that a claim for damages will be asserted against a named state agency, officer, employee, or agent; (B) A description of the time, place and circumstances giving rise to the claim; (C) The name of the claimant and the mailing address to which correspondence concerning the claim may be sent. Send or present the notice to: Claims Section, Risk Management, Department of Administrative Services, 155 Cottage Street N.E., Salem, OR 97310. (b) To give actual notice of a claim as provided under ORS 30.275, provide the same information as required above for formal notice, orally to: Claims Section, Risk Management, (503) 373-7475. Statutory/Other Authority: ORS 278.405(4) Statutes/Other Implemented: ORS 279A and 279B History: DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020 GS 1-1982, f. 1-29-82, ef. 2-1-82
125-150-0005 Selection of Insurance Agent of Record (1) The Department of Administrative Services may appoint an Agent of Record to assist in the procurement of commercial insurance and risk management consultative and/or professional services. (2) Selection of an Agent(s) of Record will follow guidelines established by the Public Contracting code based on; ORS 279A and 279B et. seq. as codified in OAR Chapter 125, Division 247. Statutory/Other Authority: ORS 278.405(4) Statutes/Other Implemented: ORS 279A and 279B History: DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020 GS 5-1982, f. & ef. 5-3-82
125-150-0010 Purchase of Professional Services (1) The Department is authorized under ORS 278.405(4) to purchase necessary professional services. (2) Services will acquired following guidelines established by the Public Contracting code based on; ORS 279A and 279B et. seq. as codified in OAR Chapter 125, Division 247. Statutory/Other Authority: ORS 278.405(4) Statutes/Other Implemented: ORS 279A and 279B History: DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020 GS 5-1982, f. & ef. 5-3-82
125-155-0000 Purpose These rules are written under the authority of ORS 283.305 through ORS 283.395 and ORS 278.200 through ORS 278.215. These rules set standards for use, operation and access to state vehicles, including private vehicles in use for state business. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0020 Policy Statement and Authorization (1) All agencies and drivers must comply with these rules and all additional state, federal and other applicable laws. (2) It is state policy that all state vehicles and vehicles used for official state business must be used legally, respectfully, and safely. (3) Per ORS 278.405, only DAS RM has authority to assign or certify the state self-insurance status of any state vehicle or state driver. (4) Owners of private vehicles shall maintain vehicle liability insurance while the private vehicles are used for official state business under the authority and requirements of ORS 806.070 through 806.140. (5) Regardless of any actions, any violation of these rules may result in DAS exercising any of its rights and authorities. These may include: (a) Imposing fines and withholding pay as provided in ORS 291.990; (b) Conditionally restricting a driver or agency from any or all access to or from certain uses or DAS Fleet Vehicles; or (c) Withholding self-insurance coverage. (6) An ignition interlock device must not be installed on any state-owned or operated vehicle. (7) These rules are intended to be complementary to the DAS Fleet Vehicle rules and the state’s travel policy. They are not intended to influence decisions made in compliance with those rules and polices. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0200 Authorized Drivers (1) Only the following persons are authorized to drive motor vehicles on official state business. These drivers are authorized only if they drive in conformance with these rules and meet the following conditions: (a) Are specifically authorized by state statute, including ORS 283.305, except for (c) and (e); and (b) Are over the age of 18 years, and (c) Have a verified valid driver’s license, and (d) Are under the direction and control of a state agency. (2) A person related or known to an authorized driver must not drive any motor vehicle on official state business. (3) The following drivers must obtain agency approval and commit to any conditions the agency imposes before transporting any passenger on state business: (a) Any authorized driver whose license is restricted in any way (e.g., hardship permit), and (b) All agents, volunteers, and students (including interns). (4) An agency must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to verify if a driver is still authorized when/if the driver’s license to drive is suspended or has restrictions. (5) Issues related to ORS 283.305 (c) and (e) need to follow the variance process outlined in OAR 125-155-0800, Variance Process. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0300 Verifying Driver Qualifications (1) Agencies and drivers are responsible to ensure the requirements of the law and these rules are followed in all situations. (2) Agency responsibilities for ensuring driver qualifications include: (a) Not knowingly allowing anyone who does not conform to these rules to drive on official state business; and (b) Verifying drivers’ qualifications at any reasonable schedule or time and by any reasonable means, including direct DMV checks, review of records supplied by the driver, or accepting drivers’ signed statements; and (c) Using the DAS RM Vehicle Use and Access Toolkit or having a comparable policy, procedure, or process when first authorizing a driver for state vehicle use or when a driver license restriction or driving-related issue is discovered (see Toolkit for examples); and (d) Whenever an agency learns of a change in or restriction to the license of one of its authorized drivers, verifying that the driver meets the agency rule and policy requirements. (3) Driver responsibilities for ensuring they are qualified to drive include: (a) Verifying for themselves that they meet all driver qualifications, including requirements of law, rule, and employing and vehicle-owning agency policies; and (b) Presenting evidence of meeting qualifications to any involved agency upon request; and (c) Reporting a loss of acceptable driver license status immediately upon returning to work and consistent with agency policies; and (d) Promptly reporting any other change in requirement or restriction of driver license status to their supervisor a loss of acceptable driver license status or other requirement. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0400 Other Permitted Drivers (1) Other permitted drivers must comply with state law including the Oregon Vehicle Code. (2) Other permitted drivers must provide their own automobile insurance coverages to the limits required and defined in contract, intergovernmental agreement or compact. (3) Vehicle sales and repair contractors may drive state vehicles, at their own risk and as necessary, for pick-up, delivery, and test drives. (4) An agency shall not furnish a state vehicle to any other permitted driver (except for other governmental entities defined under ORS 174.116 and 174.117) unless a variance has been approved under OAR 125-155-0800. (5) An agency whose official business needs may include a contractor operating a state vehicle on state business must request a variance of these rules as outlined in OAR 125-155-0800. DAS RM must approve the variance request prior to allowing a contractor to drive any state vehicle (see DAS RM Vehicle Use and Access Toolkit). Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0420 Passengers (1) Agencies may permit authorized drivers to transport people, animals, or things to the extent needed to accomplish official state business. Agencies may impose conditions. (2) No authorized driver may give a ride in a state-owned vehicle to anyone except as permitted by these rules and necessary to accomplish official state business. Hitch hikers shall not be allowed in any state vehicles or private vehicles being used for state business. (3) All passengers must follow these rules and all reasonable directions of their drivers. (4) Authorized drivers must obtain prior agency approval and conditions to transport the following passengers in state vehicles: (a) Guests of the government; (b) Observers or ride-a-longs; (c) Driver’s or passenger’s aides; or (d) Minors, wards, and those who are in the custody of the state or others who are not legally liable for themselves and their agreements; or (e) Agents or volunteers. (5) No family members, or friends may be passengers in state vehicles on state business. (6) Children may ride in state vehicles only when: (a) OAR 125-155-0420(4) (d) applies, or (b) DAS issues an order and the agency gives prior approval. (7) Pets of drivers or working passengers must not ride in state vehicles except when the pet is an assistance animal as defined in ORS 659A.143 or the use is necessary to conduct official state business. (8) Agencies may give prior approval for an aide to accompany their authorized driver under the following conditions: (a) The driver’s aide shall be subject to these rules and conditions; and (b) A driver’s aide shall not drive a state vehicle. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0500 Use of State Vehicles (1) The law requires that "official state business" be narrowly construed. However, necessary official state business use may coincide with a personal use. When these uses do coincide, certain allowable activities of a personal nature may occur. Allowable activities fit into one of the four categories below: (a) Day use. Allowable activities under day use include those reasonably occurring en-route such as those listed below. Day use does not include travel between work and home. (A) Purchasing food and/or eating; (B) Taking a rest break; (C) Using restroom facilities. (b) Fulltime and overnight use. Allowable activities under fulltime and overnight use may include activities such as: (A) Activities listed under day use; (B) Recreation and fitness; (C) Visitation; (D) Grooming and laundering; (E) Shopping; and (F) Medical appointments. (2) A state vehicle must not be used by anyone for private financial benefit. (3) No one has authority to permit any personal or family use of a state vehicle or any vehicle driven at state risk. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0600 Insurance Coverage (1) The state's self-insured coverage has been accepted by jurisdictions in the United States, its possessions and territories, and Canada. Drivers must contact DAS RM to arrange coverage for any state vehicles to be driven in other locales. Lack of proper coverage in some countries could result in a driver being personally liable for criminal fine and imprisonment, criminal defense costs, and payment to the state for the confiscation of the vehicle. (2) The state shall not insure or indemnify friends or family nor insure or indemnify the state authorized driver against any claims brought by friends or family. Friends and/or family members shall ride at their own risk or at the personal risk of the related driver, employee, or person. (3) Coverage for the state’s vehicles, drivers, and loss-reporting requirements are found in DAS RM self-insurance policies, ORS 30.260-30.300, ORS 283, and ORS 278. (a) State self-insurance vehicle liability coverage is primary when an authorized driver is approved to drive a state vehicle to conduct official state business and for allowable activities. Personal use or personal business are not official state business for the purposes of insurance coverage by the state, unless otherwise authorized by these rules. (b) These vehicle rules, in conjunction with the state’s self-insurance policies, will be used to determine coverage of an employee using a state vehicle outside the definition of official state business. (c) The state does not pay an employee for damage to the employee’s personal vehicle, increased insurance rates, or deductibles due to an accident occurring while on official state business. (d) When a private or commercially rented vehicle is used contrary to these rules, the driver and vehicle may not be covered by state insurance or self-insurance coverages. When a state owned, rented, borrowed, leased, or private vehicle is used contrary to these rules or state/federal law, use of the vehicle will be considered personal use and the driver and vehicle may not be covered by state insurance or state self-insurance coverages. The driver may be personally liable to the state for the value of the use of the vehicle, any damage to the vehicle, or harm to other parties or property arising out of the misuse. The driver may also be subject to any other discipline or penalty of any kind provided by law, contract, rule, policy, and/or guideline. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0700 Collision and Damage Reporting (1) Coverages for the state's vehicles, drivers and loss reporting requirements are found in DAS RM self-insurance policies, ORS chapter 30.260-30.300, and ORS chapter 278. (2) Drivers are responsible to provide their own proof of legally adequate insurance for all uses they make of private vehicles and vehicles they rent for any mixture of state and personal uses. DAS RM provides certificates of self-insurance coverage for rental vehicles that are used exclusively for official state business. (3) The state shall not pay an employee for damage to an employee’s vehicle, any insurance deductibles, or increased insurance rates due to an accident occurring while on official state business. Mileage reimbursements are the only amounts the state or its agencies may pay to any employee for using his or her private vehicle to conduct official state business. Mileage reimbursement details are found in DAS Chief Finance Office Oregon Accounting Manual and ORS chapter 283. (4) Drivers must promptly report to their agency all collisions or damage occurring to any vehicle while on official state business. (a) Agencies must review each report of collision or damage involving any vehicle in use on official state business. (b) The review must: (A ) Determine whether the collision or damage was caused by unsafe driving techniques; and (B) Address driver accountability; and (C) Make recommendations to prevent recurrence as appropriate. (5) Agencies must report to DAS RM all damage occurring to any state-owned vehicle resulting in total damage costs exceeding the agency self-insurance property deductible. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95