justicedao/ipfs_state_laws huggingface dataset:
137-007-0270 Crimes Relevant to a Fitness Determination (1) Crimes Relevant to a Fitness Determination: (a) All felonies; (b) All Class A misdemeanors; (c) ORS 167.315 (Animal Abuse II); 167.325 (Animal Neglect II); 418.630 (operating uncertified foster home); and 418.250(1) (relating to the supervision of child-care agencies); (d) Any crime, in the State of Oregon or in any other jurisdiction, that is the substantial equivalent of any of the crimes listed in this subsection (1)(c), as determined by the Department; (e) Any United States Military crime or international crime; (f) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450; (g) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section (1). (2) Evaluation Based on Oregon and Other Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0280 Incomplete Fitness Determination (1) The Department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 137-007-0220; (b) The subject individual does not provide materials or information under OAR 137-007-0230(1) within the timeframes established under that rule; (c) An authorized designee cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other relevant information under OAR 137-007-0260(2); (e) The Department determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or (f) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing under OAR 137-007-0300 to challenge the closing of an incomplete fitness determination. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0320 Authorized Designees (1) Appointment: (a) The Attorney General or the Attorney General’s designee shall designate the positions that include the responsibilities of an authorized designee; (b) Appointments shall be made by the Attorney General or the Attorney General’s designee at his or her sole discretion. (2) The Attorney General and the Deputy Attorney General may also serve as authorized designees. (3) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true: (a) The authorized designee is a family member of the subject individual; or (b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist. (4) Termination of Authorized Designee Status: (a) When an authorized designee's employment in a designated position ends, his or her status as an authorized designee is automatically terminated; (b) An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 137-007-0270. Failure to make the required report is grounds for termination of the individual’s appointment to a designated position and thereby termination of his or her status as an authorized designee. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0330 Fees The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-008-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Attorney General adopts the Attorney General's Model Rules of Procedure under the Administrative Procedures Act as amended and effective January 1, 2008. Statutory/Other Authority: ORS 183.341(2) & 183.341(4) Statutes/Other Implemented: ORS 183.341(2), 183.341(4) & 183.390 History: DOJ 8-2008, f. 4-29-08, cert .ef. 5-1-08 DOJ 17-2005, f. 11-30-05, cert. ef. 1-1-06 DOJ 9-2001, f. & cert. ef. 10-3-01 JD 1-1998, f. & cert. ef. 2-4-98 JD 6-1994, f. 10-31-94, cert. ef. 11-1-94 JD 7-1989, f. 12-21-89, cert. ef. 12-20-89 1AG 5-1979, f. & ef. 12-3-79
137-008-0015 Fees for Mailing, Faxing Records (1) The Department of Justice may charge requestors to recover actual postage costs for mailing of records. When mailing voluminous records or responding to special requests, the department shall charge, in accordance with OAR 137-008-0010(2), for staff time required to prepare the records for mailing, in addition to actual postage. (2) When faxing records to requestors, the Department of Justice shall charge $1 per page for in-state faxes. The department shall charge $5 for the first page of out-of-state faxes and $1 per page thereafter. The department limits the number of pages it will fax to 30 pages. Statutory/Other Authority: ORS 192.430(2) & 192.440(3) Statutes/Other Implemented: ORS 192.440(3) History: JD 1-1998, f. & cert. ef. 2-4-98 JD 6-1994, f. 10-31-94, cert. ef. 11-1-94
137-008-0020 Fees for Electronic Reproduction of Records (1) The Department of Justice shall charge $45 per hour, with a $15.00 minimum, for the staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloading, formatting, copying, scanning, and transferring records to media. (2) The department will provide reproduction media at the following rates: (a) DVDs or CDs: $1/ea. (b) Video Cassettes, 2 hours: $6/ea. (c) Audio Cassettes: $2/ea. (3) Due to the threat of computer viruses, the department will not permit requestors to provide flash drives or other electronic media for electronic reproduction of computer records. Statutory/Other Authority: ORS 192.430(2) & 192.440(3) Statutes/Other Implemented: ORS 192.440(3) History: DOJ 11-2009, f. & cert. ef. 9-8-09 DOJ 8-2008, f. 4-29-08, cert. ef. 5-1-08 JD 1-1998, f. & cert. ef. 2-4-98 JD 6-1994, f. 10-31-94, cert. ef. 11-1-94
137-009-0125 Purpose The Department may contract for the services of special legal assistants or private counsel to provide legal services otherwise required by law to be performed by the Attorney General. These rules specify the screening and selection procedures the Department will use to select individuals or entities to perform such services. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0130 Definitions For purposes of OAR chapter 137, division 009, these terms have the following meanings: (1) ”Advocate” means the Advocate for Minority, Women and Emerging Small Businesses as defined in OAR Chapter 125. (2) "Attorney General" means the Attorney General of the State of Oregon. (3) "Contractor" means an individual or entity that is obligated under a contract with the Department to provide legal services required by law to be performed by the Attorney General. (4) "Department" means the Department of Justice of the State of Oregon. (5) "Deputy" means the Deputy Attorney General, appointed by the Attorney General to that position pursuant to ORS 180.130. (6) "Designated Practice Areas" means subject matter areas generally recognized within the legal profession as requiring specialized knowledge of a particular field of law. (7) "Lowest Overall Cost" means the lowest cost to the state taken as a whole including the prospective Contractor's hourly rates (or other billing methods), available resources, expertise, and ability to accomplish an optimal, timely outcome to a particular matter. (8) "Master Agreement" means a document that contains contractual provisions that will be included in certain future contracts between the parties. Each future contract will provide detail on scope of services, delivery terms, not-to-exceed amounts and other items necessary to establish a definite contract. A Master Agreement is not a contract, but is a document of understanding between the Department and an individual or entity. (9) “ORPIN” means the on-line electronic Oregon Procurement Information Network administered by the State Procurement Office, as further defined on OAR 125-246-0500, or its successor. (10) “Self Search” means a search of the Advocate’s list of certified firms for firms that meet the Solicitation requirements, using the Advocate’s Self Search tool which is available at: http://www4.cbs.state.or.us/ex/dir/omwesb/. (11) "Solicitation" means a written or oral request for offers, proposals, statements of qualifications, or other information from individuals or entities. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 4-2008, f. 1-29-08, cert. ef. 2-1-08 DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0135 Policy The policy of the Department is to select Contractors in an expeditious and efficient manner that is consistent with the goal of delivering highly competent legal services at the Lowest Overall Cost to the State of Oregon. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0140 Methods for Selecting Contractors (1) The Department will use one of the following methods to select a Contractor: (a) The Department may select a Contractor from a list of individuals or entities established for a Designated Practice Area as set forth in OAR 137-009-0145. (b) The Department may select a Contractor from a group of proposers within a Designated Practice Area as set forth in OAR 137-009-0147. (c) The Department may select a Contractor from a group of proposers to a specific matter Solicitation as set forth in OAR 137-009-0150. (d) The Department may select a Contractor through direct negotiation as set forth in OAR 137-009-0160. (2) Nothing in this section shall prevent the Department from entering into an amendment to a contract for legal services according to its terms. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 4-2008, f. 1-29-08, cert. ef. 2-1-08 DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0145 Procedure to Develop Lists of Individuals or Entities under Master Agreements (1) The Department may use a Solicitation to request proposals or information that describes general or specific legal services to be performed within a defined period of time. The purpose of such a Solicitation is to establish a list of individuals or entities under Master Agreements for a specified period of time to provide legal services within Designated Practice Areas as requested by the Department and agreed to by the individual or entity. (a) The Department shall provide notice of the Solicitation on ORPIN or in any other manner the Department deems appropriate to provide notice to a sufficient number of individuals or entities to develop adequate lists of available individuals or entities. (b) The Department shall provide notice of the Solicitation to the Advocate in accordance with ORS 200.035 and this subsection. The Department may satisfy the requirement for notice to the Advocate by posting the notice on ORPIN for at least five calendar days prior to selection. The Department may also provide notice to the Advocate by any of the following Advocate approved methods: (A) Faxing notice of Solicitation to the Advocate; or (B) E-mailing notice of Solicitation to the Advocate; or (C) Performing a Self Search with notice of results to the Advocate. The notice form is available at: http://www.governor.oregon.gov/ Gov/MWESB/index.shtml. No waiting period is imposed, prior to selection, when using the fax or e-mail method. (2) The evaluation criteria in the Solicitation may include, without limitation, consideration of the following factors: (a) Availability and capability to perform the work; (b) Fees or costs, including proposed discounts from rates generally charged other clients; (c) Geographic proximity to the location where the legal services will primarily be performed; (d) Ethical considerations, such as the existence of conflicts of interest; (e) Recommendations of subject matter experts, such as client agency representatives with special knowledge or insights into necessary or desirable non-legal knowledge or background; (f) Any other criteria the Department determines relevant to the provision of legal services. (3) In weighing the factors set forth above, no single factor shall be determinative. But if one factor strongly suggests the Department should enter into a Master Agreement with a proposer with respect to a Designated Practice Area, it may outweigh one or more other factors that favor other proposers. (4) The Department may either sign a Master Agreement with qualified individuals or entities in particular Designated Practice Areas or cancel the Solicitation. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5), 200.035 & 279A.025(2)(j) History: DOJ 4-2008, f. 1-29-08, cert. ef. 2-1-08 DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0147 Solicitation to Engage a Contractor to Provide Legal Services within a Designated Practice Area The Department may use a Solicitation to request proposals to provide legal services within a Designated Practice Area: (1) The Department may provide notice of the Solicitation in any manner the Department deems appropriate to provide notice to a sufficient number of individuals or entities, but in no event shall notice of a Solicitation under this section be provided to fewer than three prospective proposers. (2) The Department shall provide notice of the Solicitation to the Advocate in accordance with ORS 200.035 and subsection (1)(b) of OAR 137-009-0145. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5), 200.035 & 279A.025(2)(j) History: DOJ 4-2008, f. 1-29-08, cert. ef. 2-1-08
137-009-0150 Solicitation to Engage a Contractor to Provide Legal Services for a Specific Matter The Department may use a Solicitation to request proposals to provide legal services on a specific matter: (1) The Department may provide notice of the Solicitation in any manner the Department deems appropriate to provide notice to a sufficient number of individuals or entities, but in no event shall notice of a Solicitation under this section be provided to fewer than three prospective proposers. (2) The Department shall provide notice of the Solicitation to the Advocate in accordance with ORS 200.035 and subsection (1)(b) of OAR 137-009-0145. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5), 200.035 & 279A.025(2)(j) History: DOJ 4-2008, f. 1-29-08, cert. ef. 2-1-08 DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0160 Direct Negotiation and Contracting (1) The Department may directly negotiate and enter into contracts with Contractors to provide legal services without following the procedures set forth in OAR 137-009-0145 through 137-009-0155 in the following circumstances: (a) The contract's maximum consideration does not exceed $25,000; (b) The subject matter of the representation is highly confidential, and there is a substantial risk that the interests of the State of Oregon or the Department would be adversely affected by a more public Solicitation; (c) The subject matter of the representation is highly time sensitive, and there is a substantial risk that the interests of the State of Oregon or the Department would be adversely affected by any delay in obtaining a Contractor; (d) The cost of the representation will be borne in whole or in part by a nonstate entity and the nonstate entity has a legal right to influence selection of legal counsel; or (e) Any other situation in which the Attorney General or the Deputy determines that the interests of the Department or the State of Oregon are best served by direct negotiation and contracting with Contractors. (2) In directly negotiating and entering into a contract with a Contractor, the Department shall consider Lowest Overall Cost. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-009-0165 Repealed Rules As required by Or Laws 2003, chapter 794, section 334, OAR 137-009-0000, 137-009-0005, 137-009-0010, 137-009-0045, 137-009-0060, 137-009-0065, 137-009-0100 and 137-009-0120 are repealed. Statutory/Other Authority: ORS 180.140(5), 183.310(9) & 279A.025(2)(j) Statutes/Other Implemented: ORS 180.140(5) & 279A.025(2)(j) History: DOJ 7-2005, f. 8-16-05, cert. ef. 9-2-05 DOJ 3-2005(Temp), f. & cert. ef. 3-18-05 thru 9-2-05
137-010-0005 General Registration (1) Charitable organizations, including trustees of charitable remainder trusts, which hold property for charitable purposes over which the State or the Attorney General has enforcement or supervisory power are required to register with the Charitable Activities Section of the office of the Attorney General. (2) Charitable organizations are not required to register under this section if: (a) The charitable organization is exempt under ORS 128.640; or (b) The charitable organization has not received property for charitable purposes; or (c) The organization is an educational institution which does not hold property in this state and solicitations of individuals residing in this state are confined to alumni of the institution; or (d) A trustee of a charitable remainder trust is also the sole charitable beneficiary of the trust estate. (3) Registration shall be on forms provided or accepted by the Attorney General and shall be accompanied by a copy of the articles of incorporation and bylaws, trust agreement, or other instruments governing the charitable organization. In the case of a testamentary trust, the attachments shall include a copy of the decree of distribution. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.640 & 128.650 History: DOJ 8-2015, f. & cert. ef. 7-1-15 JD 1-1990, f. & cert. ef. 1-25-90 JD 2-1982, f. & ef. 12-30-82 1AG 2-1981, f. & ef. 12-1-81 1AG 1-1979, f. & ef. 2-1-79 1AG 15, f. & ef. 5-27-76 1AG 5, f. 8-3-72, ef. 8-15-72 1AG 2, f. 2-17-64
137-010-0010 Contents of General Registration Statement Every registration statement filed pursuant to the general registration and reporting provisions of ORS Chapter 128 shall set forth in detail the following information to the extent requested by the Attorney General: (1) Name and contact information for the charitable organization subject to the Act, including mailing address, telephone number, facsimile number, email address, and website address. (2) Employer Identification Number. (3) Type of organization and type of instrument creating or governing the charitable organization, date of instrument, and where filed, including date and state of filing of articles of incorporation. Governing documents shall be attached and identified by title in the registration statement. (4) Names, position, and contact information for trustees, corporate officers and directors, key officials or employees, or other charitable fiduciaries, including telephone number, mailing address, and email address. (5) Purpose of the charitable organization. (6) Accounting year adopted by the charitable organization. (7) Names and addresses of beneficiaries designated by the instrument governing the charitable organization. (8) The charitable organization’s primary county of operations, principle place of business or administration, or similar information. (9) Information about the organization’s tax-exempt status, including the status of any IRS application and a copy of any IRS determination letter. (10) Information about any fundraising contracts to which the charitable organization is a party and any charitable gaming activity conducted by the charitable organization. (11) Information about whether the organization or its fiduciaries are parties to any voluntary agreements, administrative actions, or legal actions relating to charitable solicitations, charitable administration, or fiduciary practices. Statutory/Other Authority: ORS 128.876 Statutes/Other Implemented: ORS 128.650 History: DOJ 8-2015, f. & cert. ef. 7-1-15 JD 1-1990, f. & cert. ef. 1-25-90 JD 2-1982, f. & ef. 12-30-82 1AG 2-1981, f. & ef. 12-1-81 1AG 15, f. & ef. 5-27-76 1AG 2, f. 2-17-64
137-010-0015 General Reporting Requirements (1) Charitable organizations required to register under OAR 137-010-0005 shall submit annual reports to the Charitable Activities Section of the office of the Attorney General. (2) Charitable organizations are not required to complete and file a financial reporting form as described in OAR 137-010-0020 if the reporting requirements have been suspended by the Attorney General as to a particular charitable organization pursuant to ORS 128.670(3). (3) When a charitable organization is terminated or dissolved, a final report shall be filed with the Attorney General showing the disposition of all remaining assets. (4) The annual reports shall be on forms as specified in OAR 137-010-0020. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 128.670 Statutes/Other Implemented: ORS 128.670 History: DOJ 8-2015, f. & cert. ef. 7-1-15 DOJ 4-1998, f. & cert. ef. 4-2-98 JD 1-1990, f. & cert. ef. 1-25-90 JD 2-1982, f. & ef. 12-30-82 1AG 2-1981, f. & ef. 12-1-81 1AG 1-1979, f. & ef. 2-1-79 1AG 6, f. 8-3-72, ef. 8-15-72 1AG 5, f. 8-3-72, ef. 8-15-72 1AG 3, f. 12-31-68 1AG 2, f. 2-17-64