justicedao/ipfs_state_laws huggingface dataset:
734-026-0020 Definitions As used in division 26 rules, the following definitions shall apply: (1) “Applicant” means the individual or organization seeking to commemorate a police officer killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States, and named in and signing the application. (2) “Department” means the Oregon Department of Transportation. (3) “Firefighter” means any fire or forestry department employee or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or property by fire . (4) “Gold Star Family member” means a person who is a parent, sibling, spouse or dependent of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States. (5) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005. (6) “Region Traffic Engineer” means a professional engineer employed by the Department who by training and experience has comprehensive knowledge of the Department’s traffic engineering standards, policies, and procedures. (7) “Roadside Memorial Sign” means a sign including the name of the police officer or firefighter killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States and complying with the requirements of the MUTCD. (8) “Sibling” includes siblings of the whole or half blood and siblings by adoption, marriage or domestic partnership. (9) “State Highway System” means the public way for vehicular travel that is under the jurisdiction of the Department. It also includes medians, highway shoulders, improvements appurtenant to the highway, such as support or tunnel structures, bicycle ways or sidewalks, and right of way used for the operation of the roadway. (10) “State Traffic Engineer” means a professional engineer, or designated representative, employed by the Department in charge of the Department’s traffic engineering standards, policies, and procedures. (11) “Armed Forces of the United States” has the meaning given that term in ORS 348.282. Statutory/Other Authority: ORS 184.619, 366.930, 366.931 & 2019 OL Ch 298 Statutes/Other Implemented: ORS 366.930, 366.931 & 2019 OL Ch 298 History: HWD 14-2023, amend filed 11/13/2023, effective 11/13/2023 HWD 9-2019, amend filed 12/17/2019, effective 01/01/2020 HWD 5-2013, f. & cert. ef. 11-25-13 HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12
734-026-0030 General Requirements (1) The Applicant shall submit a written request to the State Traffic Engineer containing the following information: (a) Name, address, and telephone number of the Applicant; (b)(A) A brief description of the concurrent resolution adopted by the Legislative Assembly recognizing the police officer or firefighter killed in the line of duty or the measure adopted by the Legislative Assembly recognizing the person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States; or (B) The individual killed in the line of duty was formerly designated as either a prisoner of war or unaccounted for by the Defense POW/MIA Accounting Agency and the remains of the individual have been recovered and identified; (c) The preferred location on the State Highway System for a Roadside Memorial Sign to commemorate the police officer or firefighter killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States; and (d) Payment of the fee specified in OAR 734-026-0045. (2) If the request meets the requirements of Chapter 668, OL 2011, or Ch. 381 or 391, OL 2013, and Division 26, the Applicant shall be granted placement of a single Roadside Memorial Sign on the State Highway System. Statutory/Other Authority: ORS 184.619, 366.930, 366.931 & 2019 OL Ch 298 Statutes/Other Implemented: ORS 366.930, 366.931 & 2019 OL Ch 298 History: HWD 14-2023, amend filed 11/13/2023, effective 11/13/2023 HWD 9-2021, amend filed 11/23/2021, effective 11/23/2021 HWD 9-2019, amend filed 12/17/2019, effective 01/01/2020 HWD 5-2013, f. & cert. ef. 11-25-13 HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12
734-026-0040 Specific Requirements (1) The Department shall install Roadside Memorial Signs based on a standard design maintained by the Department that conforms to the requirements in the MUTCD. (2) Roadside Memorial Signs shall not be installed on ramps, bridges, or urban freeways on the State Highway System. (3) Roadside Memorial Signs shall be mounted on only one side of a support post, facing oncoming traffic, and only on the side of the road nearest the lane of that oncoming traffic. (4) The Region Traffic Engineer shall investigate the location requested by the Applicant and make a recommendation to the State Traffic Engineer regarding sign placement based on sign priority and spacing requirements in accordance with the MUTCD. If the location requested by the Applicant does not meet MUTCD requirements, the Region Traffic Engineer may recommend an alternate location based upon an engineering investigation. (5) The State Traffic Engineer shall determine the location of all Roadside Memorial Signs based upon the recommendation of the Region Traffic Engineer and approve a request by an Applicant that meets all the requirements in Division 26. Statutory/Other Authority: ORS 184.616, 184.619, Ch. 668 & OL 2011 Statutes/Other Implemented: Ch. 668 & OL 2011 History: HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12
734-026-0045 Fee for Roadside Memorial Signs (1) In accordance with Chapter 668, OL 2011, a fee of $600 shall be submitted to the Department with the application to cover the direct and indirect expenses associated with erecting, maintaining and removing a Roadside Memorial Sign. The fee for a Fallen Hero roadside memorial sign applied for by a Gold Star Family member is waived if the Gold Star Family member requests a fee waiver and ODOT has sufficient funds available from the Transportation Operating revenue to pay the fee. (2) Roadside Memorial Signs shall remain in place for a period of ten years or until such time that the sign becomes damaged or is no longer in serviceable condition. The Department shall replace a Roadside Memorial Sign that is damaged or is no longer in serviceable condition if the Applicant pays the fee specified in section (1) to cover the cost of replacing the sign. Replaced Roadside Memorial Signs shall remain in place for a period of ten years or until such time that the sign becomes damaged or is no longer in serviceable condition. (3) The Department may remove a Roadside Memorial Sign that becomes damaged, is no longer in serviceable condition, or has been in place for a period of ten years. (4) The Department may move and relocate a Roadside Memorial Sign if the Department determines such relocation is necessary for highway or other transportation purposes. Statutory/Other Authority: ORS 184.619, Ch. 668 & OL 2011 Statutes/Other Implemented: Ch. 668 & OL 2011 History: HWD 14-2023, amend filed 11/13/2023, effective 11/13/2023 HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12
734-029-0005 Purpose The purpose of the Adopt-A-Highway program is to provide citizens of Oregon an opportunity to pick up litter, remove noxious weeds, and improve the appearance of the State Highway System in accordance with ORS 366.158. Statutory/Other Authority: ORS 184.616, 184.619 & 366.158 Statutes/Other Implemented: ORS 366.158 History: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10 HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0010 Scope Any volunteer group, identified as “Applicant” in Division 29 rules, may adopt a section of highway on the State Highway System for the purpose of picking up litter, removing noxious weeds, or both. Work activities, when approved, may also include graffiti removal or maintenance of landscaped areas. Statutory/Other Authority: ORS 184.616, 184.619 & 366.158 Statutes/Other Implemented: ORS 366.158 History: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10 HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0020 Definitions As used in division 29 rules, the following definitions will apply: (1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership, or public agency volunteering their time by adopting a section of highway, and named in and signing the application, and to whom the Permit is issued. (2) “DM” means the Department District Manager or designee. DMs are responsible for highway maintenance, operations, and issuing permits for use of operating right of way for all State highways within a specific geographic area or “District”. (3) “Department” means the Oregon Department of Transportation. (4) “Highway” means the public way for vehicular travel that is under the jurisdiction of the Department. It also includes medians, highway shoulders, improvements appurtenant to the highway, such as support or tunnel structures, bicycle ways or sidewalks, and right of way used for the operation of the roadway. (5) “Noxious Weed” means any plant identified by Department of Agriculture in OAR chapter 603, division 52 “Quarantine; Noxious Weeds” or the appropriate county governing body as described in ORS 569. (6) “Participant” means the individual or member of the Applicant actually performing work on the highway under a Permit issued pursuant to Division 29 rules. (7) “Permit” means the application as a fully executed form signed, issued and controlled by the DM on behalf of the Department allowing Applicant and its Participants to perform activities as approved and deemed necessary by the DM. A Permit includes all attached provisions and exhibits. A Permit does not convey any property right or interest. (8) “Work Site” means the area where the permitted work is to be conducted. Statutory/Other Authority: ORS 184.616, 184.619 & 366.158 Statutes/Other Implemented: ORS 366.158 History: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10 HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0045 Acknowledgement Signs (1) Signs may be placed by the Department as described in OAR 734-029-0040(2) acknowledging the Applicant’s volunteer contribution with the Applicant’s name or acronym. The Applicant may be required to provide evidence of the Applicant’s existence such as the Applicant’s organizational bylaws, website, or letterhead. When the Applicant is an individual or family group, the individual’s name (first name or initial and last name) or the family name (e.g. Smith Family) will be used. (2) The acknowledgement sign is not intended for advertising or as a memorial; items such as an internet address, website, or telephone number will not be allowed. The Applicant’s name may be verified with the Secretary of State’s business name registry or other information available to the Department. (3) The acknowledgement sign(s) may be installed after the Applicant has successfully performed the work activities described in the Permit at least once as determined by the DM. (4) The sign(s) will remain the property of the Department and be removed by the DM when the permit is cancelled or has expired. Statutory/Other Authority: ORS 184.616, 184.619 & 366.158 Statutes/Other Implemented: ORS 366.158 History: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10
734-030-0005 Definitions The following definitions apply to OAR 734-030-0005 through 734-030-0025: (1) “Police Officer” means a member of the Oregon State Police, sheriff, deputy sheriff, city police officer, or other person as may be designated by law. (2) “Rest Area” includes safety rest areas, scenic overlooks and similar roadside areas which are under the jurisdiction of the Department of Transportation (ODOT). Other than when issuing “free coffee” permits under OAR 734-030-0025, when a Rest Area is sited on both sides of the highway, the two sides will be considered a single Rest Area. (3) “Rest Area Attendant” means a Department of Transportation employee or contractor working in or responsible for the Rest Area; or for Rest Areas managed by Travel Information Council by agreement with ODOT a Travel Information Council employee or contractor working in or responsible for the Rest Area. (4) “Rest Area Enforcement Officer” means a person specifically designated by the director of the Travel Information Council as described in Section 1, Chapter 328, Oregon Laws 2011 to issue citations and enforce rest area rules. (5) “Service Animal” means any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. (6) “Visitor” means a person within the Rest Area who is not a Department of Transportation or Travel Information Council employee, Police Officer, Rest Area Enforcement Officer, or a Rest Area Attendant. Statutory/Other Authority: ORS 184.616. 184.619, 366.205 & 366.493 Statutes/Other Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030 History: HWD 1-2013, f. 1-17-13, cert. ef 3-1-13 HWD 10-2010, f. 9-27-10, cert. ef. 10-1-10 HWD 3-2010(Temp), f. & cert. ef. 4-28-10 thru 10-15-10 HWY 2-1993, f. & cert. ef. 4-15-93 2HD 5-1984, f. & ef. 4-18-84 1OTC 70, f. & ef. 3-5-76 HC 801, f. 11-24-59, ef. 1-1-60 HC 476a, f. & ef. 10-7-54
734-030-0016 Exclusion Review Process (1) A person excluded from a Rest Area may submit a written request for a review of the exclusion. Only the basis of the exclusion and the length of the exclusion may be contested. The review request must be received at the address listed on the exclusion notice within 7 business days from the date on the exclusion notice. (2) The written request for review must include the person’s name, mailing address and telephone number; the reason the person believes the exclusion should be withdrawn or modified; and be accompanied by a copy of the exclusion notice. (3) The Travel Information Council Rest Area Operations Manager or Deputy Director not involved in the decision to exclude from TIC managed Rest Areas or the ODOT District Manager or Assistant District Manager not involved in the decision to exclude from ODOT managed Rest Areas will review the information provided along with the facts leading to the exclusion and make a final determination within 21 days of receipt of the written request. The review of the exclusion from a Rest Area is not subject to ORS 183 and is therefore not subject to the Administrative Procedures Act. (4) Only one review will be conducted for each notice of exclusion. The review will be informal in nature however a written statement of the results of the review will be provided to the person requesting the review. The determination of the exclusion review is final and is not subject to appeal. Statutory/Other Authority: ORS 184.616. 184.619, 366.205 & 366.493 Statutes/Other Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030 History: HWD 1-2013, f. 1-17-13, cert. ef 3-1-13
734-030-0020 Notice Notice of conduct consistent with OAR 734-030-0005 through 734-030-0015 shall be posted in each rest area. Statutory/Other Authority: ORS 184.616. 184.619, 366.205 & 366.493 Statutes/Other Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030 History: HWD 10-2010, f. 9-27-10, cert. ef. 10-1-10 HWD 3-2010(Temp), f. & cert. ef. 4-28-10 thru 10-15-10 1OTC 70, f. & ef. 3-5-76 HC 801, f. 11-24-59, ef. 1-1-60 HC 476a, f. & ef. 10-7-54
734-031-0001 Purpose and Scope (1) The purpose of Division 31 rules is to establish a Rest Area Sponsorship Acknowledgement program in compliance with 23 USC 111 and the Federal Policy on Sponsorship Acknowledgement and Agreements within the Highway Right of Way that provides citizens of Oregon an opportunity to contribute money, Highway Related Services or Products to support the development or ongoing operation and maintenance of the Oregon Department of Transportation’s Rest Areas. (2) An Acknowledgement Sign may be placed to recognize the Contribution when the Contribution represents a commitment of the Participant to provide for development of a Rest Area or ongoing operation or maintenance of a Rest Area. Contributions that do not meet the criteria in Division 31 rules may be recognized by means other than an onsite Acknowledgement Sign such as a letter of recognition, press release or other outreach materials, and web sites as determined appropriate by the Rest Area Operator consistent with federal and state regulations. (3) When a Rest Area is managed by the Travel Information Council or other entity by agreement with the Department, that agency or entity will be responsible for soliciting sponsorship Contributions and any acknowledgement of those Contributions following the program established in Division 31 rules. (4) All Contributions received through Rest Area sponsorships are assets of the Highway Trust Fund and shall only be used for highway purposes to facilitate the development or ongoing operation and maintenance of state highway Rest Areas. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16
734-031-0005 Definitions As used in Division 31 rules, the following definitions will apply: (1) “Acknowledgment Sign” — A sign that informs the public that a Participant has provided a Contribution for the development or ongoing operation or maintenance of an Oregon Department of Transportation Rest Area. For the purposes of Division 31 rules, an “Acknowledgment Sign” includes an acknowledgement plaque or rider added to an existing sign on the mainline highway. (2) “Contribution” — The provision of money, highway related service, or product for the development or ongoing operation or maintenance of a Rest Area. (3) “Department” — The Oregon Department of Transportation (ODOT). (4) “Highway Related Service” — A service that supports the development, operation or maintenance of the Rest Area. Typical services include but are not limited to litter pickup, landscape maintenance, or brush removal. (5) “MUTCD” — Manual on Uniform Traffic Control Devices for Streets and Highways along with the Oregon MUTCD Supplements. (6) “Oregon Temporary Traffic Control Handbook” — The standards adopted by the Department for traffic control operations of three days or less. (7) “Participant” — An individual, family group, company, business, or volunteer group who provide a Contribution and who has entered into a Sponsorship Agreement. “Participant” includes the organization and its members. (8) “Product” — Items used in the development, operation or maintenance of the Rest Area by the Rest Area Operator. Typical products include but are not limited to landscape materials or building supplies. (9) “Rest Area” — A roadside area separated from the main travel way and under the control of the Department. A Rest Area may include rest rooms, drinking water, and other facilities needed for the rest and safety of motorists. For the purposes of Division 31 rules, when a Rest Area is sited on both sides of the highway, the two sides will be considered as separate Rest Areas. (10) “Rest Area Operator” — The Department or Travel Information Council or other entity responsible for management of the Rest Area by agreement with the Department. (11) “Sponsorship Agreement” —An agreement between a Participant and the Rest Area Operator where the Participant agrees to provide a Contribution in exchange for the placement of an Acknowledgement Sign in the Rest Area or on the mainline of the adjoining state highway. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16
734-031-0010 Participant Eligibility (1) An individual, family group, company, business, or volunteer group is eligible to submit proposals to provide a Contribution for the development or ongoing operation or maintenance of Rest Areas. Participants must comply with all applicable state and federal laws concerning the provisions prohibiting discrimination based on race, religion, color, age, sex, and national origin. (2) When the Participant is a family group, company, business, or volunteer group, the Participant must appoint or select a spokesperson to act as their representative in matters relating to the sponsorship solicitation and Sponsorship Agreement. The Participant and its spokesperson are responsible for assuring compliance with the Sponsorship Agreement. (3) Participants may provide Contributions for the overall support of one or more Rest Areas or for one or more features of a Rest Area. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16
734-031-0015 Participant Selection (1) Solicited Contributions (a) Participants will be identified using an open, competitive solicitation process such as a request for proposal. (b) Solicitations will provide a description of the sponsorship opportunity being offered stating all information pertinent to an understanding of the offer. (c) When the offer is for a Highway Related Service that includes removal of noxious weeds, a plan approved in writing by the Oregon Department of Agriculture or the appropriate county governing body must be included with the proposal. The plan must include the species of plant to be removed, the method of removal that does not include the use of pesticides, herbicides, or machine powered equipment, and the timing and frequency of noxious weed removal. (d) Successful Participants will be selected based on a net benefit for the public. There may be more than one Participant providing Contributions in support of a Rest Area or a Rest Area feature; however only one Participant will be selected for the overall sponsorship of a Rest Area. The Rest Area Operator reserves the right to reject any or all proposals if it determines the proposal is not a reasonable value or is not in the public’s best interest. (2) The decision to solicit Contributions for sponsorship of Rest Areas shall be at the discretion of the Rest Area Operator. The Rest Area Operator may consider factors such as the nature of the offered Product or Highway Related Service and the location of the proposed work in determining eligibility of a Rest Area or Rest Area feature for sponsorship. (3) A Sponsorship Agreement will be executed by the Participant and the Rest Area Operator. The Sponsorship Agreement will list the specific requirements and obligations of both the Participant and the Rest Area Operator. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16