justicedao/ipfs_state_laws huggingface dataset:
669-020-0050 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 669-020- 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 History: OSCC 3-2021, adopt filed 12/15/2021, effective 12/15/2021
669-020-0060 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 commission office, to the commission at the address provided in 669-020- 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 History: OSCC 3-2021, adopt filed 12/15/2021, effective 12/15/2021
669-030-0010 Number of Commissioners, Terms The Oregon Sweet Cherry Commission will consist of 11 commissioners appointed by the Director of the Oregon Department of Agriculture for a term or 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: OSCC 1-2023, amend filed 06/08/2023, effective 07/01/2023 OSCC 1-2019, minor correction filed 10/29/2019, effective 10/29/2019 OSCC 1-2004, f. & cert. ef. 1-13-04
669-030-0020 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 Sweet Cherry 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 (Position M1) 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 sweet cherries; (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. (3) In addition to the qualifications set forth in subsection (2) of this rule, the number of commissioners from each of the following regions will be: (a) Two (2) producers from Western Oregon (all areas west of the Cascade Mountains); (Producer Positions P1 & P2); (b) Four (4) producers from the Columbia River area (Wasco and Hood River Counties); (Producer Positions P3 through P6); (c) Two (2) producers from Oregon at-large; (Producer Positions P7 & P8); (d) Two (2) handlers (one brine processor and one fresh handler); (Handler Positions H1 & H2); (e) Producer position 9 (P9) representing Eastern Oregon is eliminated with the effective date June 30, 2018. (4) Notwithstanding subsection (3) of this section, if following reasonable efforts to recruit a member from a particular region, a position remains vacant for more than one meeting, or two months, a person may be appointed at-large and may reside anywhere within the State of Oregon. Once that person’s term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section. Statutory/Other Authority: 2003 OL Ch. 604, ORS 576 & ORS 576.225(3) Statutes/Other Implemented: 2003 OL Ch. 604, ORS 576 & ORS 576.225(3) History: OSCC 2-2018, amend filed 05/02/2018, effective 06/30/2018 OSCC 1-2004, f. & cert. ef. 1-13-04
669-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OSCC 1-2004, f. & cert. ef. 1-13-04
669-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Commission will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or may be removed from that position by vote of a majority of Commissioners. If the Chair, Vice Chair or Secretary/Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. The Secretary/Treasurer will be available to approve and co-sign payments as needed. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OSCC 1-2004, f. & cert. ef. 1-13-04
669-030-0050 Per Diem Compensation (1) Subject to the availability of funds in the budget of the commission, the Oregon Sweet Cherry Commission must pay any member of the commission, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official commission duties. (2) The rate of compensation is limited to $30 per day, pursuant to ORS 292.495(1). (3) In order to receive compensation, a member must submit to the Oregon Sweet Cherry Commission a written claim for compensation by the 10th day of the calendar month following the month for which the member seeks compensation. The member must specify the amount of time the member spent on official commission duties as well as the nature of the duties performed for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 292.495, 576.206 & 576.416. History: OSCC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 OSCC 1-2007, f. & cert. ef 9-26-07
669-030-0060 Reimbursement of Travel and Other Expenses (1) Subject to sections (2)–(6) of this rule, a member of the Oregon Sweet Cherry Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in the performance of the member’s official duties. (2) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Oregon Sweet Cherry Commission a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 10th day of the calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; and (b) Nature of the expense; and (c) Amount of the expense. (3) An expense that exceeds $500 dollars must be authorized by the Oregon Sweet Cherry Commission before a member incurs the expense. (4) For the purposes of this rule, “travel and other expenses” are limited to reasonable expenses. An expense is reasonable if: (a) It is an actual expense incurred by a member in carrying out official commission business, which is within the member’s scope of responsibilities; and (b) The expense is necessary to enable the member to carry out official commission business. (5) For the purposes of this rule, “travel and other expenses” includes: (a) Meals. (b) Overnight lodging. (c) Transportation. (d) Postage. (e) Cost of attending an event associated with promotion of a commodity, such as a festival, stock show, county fair or state fair. (6) For the purposes of this rule, “travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical performance, movie, or dance venue, including such events that occur at a fair, festival or stock show. (b) In-room movie rental. (c) Snacks and beverages offered for sale by a place of lodging. (d) Long distance telephone charges at a place of lodging. (e) Use of a gym or health club. (f) Cost of a gift for a host, business associate, commission member or employee, or family member. (g) Alcoholic beverages. Statutory/Other Authority: ORS 292.495, 576.206, 576.265, 576.311, 576.416 & 576.440 Statutes/Other Implemented: ORS 292.495, 576.206(7) & 576.265. History: OSCC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 OSCC 1-2007, f. & cert. ef 9-26-07
669-030-0070 Reimbursement for Hiring a Substitute (1) As used in OAR 669-030-0060, “other expenses” includes expenses incurred by a member of the Oregon Sweet Cherry Commission in employing a substitute to perform duties, including personal duties, normally performed by the member, which the member is unable to perform because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety. (2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3). Statutory/Other Authority: ORS 292.495. Statutes/Other Implemented: ORS 292.495 & 576.206(7). History: OSCC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 OSCC 1-2007, f. & cert. ef 9-26-07
669-030-0100 COMMISSIONER PER DIEM AND REIMBURSEMENTS DEFINITIONS (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Sweet Cherry Commission (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Sweet Cherry Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Sweet Cherry Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Sweet Cherry Commission meeting or subcommittee meeting;[WR1] (c) Attendance at a conference or other activity as a representative of the Oregon Beef Council , either at the request of the chair of the Oregon Sweet Cherry Commission or as authorized in advance by a vote of the Oregon Sweet Cherry Commission ; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Sweet Cherry Commission , an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training. (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Sweet Cherry Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Sweet Cherry Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OSCC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 OSCC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
669-030-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 669-030 -0130 and OAR 669-030 -0140, the Oregon Sweet Cherry Commission shall provide to a qualified member of the Oregon Sweet Cherry Commission : (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Sweet Cherry Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Sweet Cherry Commission . Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OSCC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 OSCC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
669-030-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 605-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Sweet Cherry Commission shall provide to a non-qualified member of the Oregon Sweet Cherry Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 669-030 -0140, the Oregon Sweet Cherry Commission shall provide to a non-qualified member of the Oregon Sweet Cherry Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Sweet Cherry Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Sweet Cherry Commission . Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OSCC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 OSCC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
669-030-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Sweet Cherry Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OSCC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 OSCC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
669-030-0140 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 Sweet Cherry Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. 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 $1000.00 [WR1] must[KA2] be authorized by the Oregon Sweet Cherry Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: OSCC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 OSCC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
670-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Blueberry Commission will give notice of the intended action: (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 the Oregon Blueberry Commission’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing 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 a 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 576.305 Statutes/Other Implemented: ORS 183.335 & 183.341(4) History: OBC 1-2001, f. & cert. ef. 3-21-01 OBC 1-1995, f. & cert. ef. 3-21-95, Renumbered from 670-010-0030 OBC 1-1986, f. 5-28-86, ef. 6-1-86
670-010-0005 Definitions (1) "Person" means any individual, corporation, association, partnership or joint stock company. (2) "Commission" means the Oregon Blueberry Commission. (3) "First Purchaser" means any person who buys blueberries from the producer in the first instance, or handler who receives the blueberries in the first instance from the producer for resale or processing. (4) "Producer" means a person or other legal entity producing blueberries in Oregon, for market, whether as a landowners, landlord, tenant, sharecropper or otherwise. (5) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in blueberries, whether as owner, agent, employee, broker or otherwise. (6) "Blueberries" means blueberries that belong to the genus Vaccinium (including but not limited to the cultivars "high bush", "rabbiteye" and "low-bush" or "wild") grown commercially in the State of Oregon. All blueberry cultivars sold commercially for whatever purpose are subject to these rules. (7) "Casual Sales" means any sales of blueberries made by the producer directly to the consumer where the total accumulated sales during the fiscal year are not more than 500 pounds. (8) "Reporting Year" means a calendar year beginning May 1 and ending April 30. Statutory/Other Authority: ORS 576.305 - 576.325(1)(c) Statutes/Other Implemented: ORS 576.325 History: OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09 OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03 OBC 1-1994, f. & cert. ef. 5-17-94 OBC 1-1986, f. 5-28-86, cert. ef. 6-1-86
670-010-0010 Assessments (1) Any producer, handler or first purchaser shall deduct and withhold an assessment of four-tenths of a cent ($.004) per pound or $8 per ton after June 1, 2001 for all blueberries grown in Oregon (See definition of “First Purchaser.) (2) The maximum assessment for a reporting year (670-010-0005(8)) will be one percent of the total annual gross sales of the raw product of the berries delivered to the handler(s) during the reporting year. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.335 History: OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09 OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03 OBC 2-2001, f. 5-8-01, cert. ef. 6-1-01 OBC 1-1990, f. 5-23-90 & cert. ef. 6-1-90 OBC 1-1986, f. 5-28-86, ef. 6-1-86
670-010-0011 Challenge Process (1) Pursuant to ORS 576.370 and OAR 603-043-0040, a producer may file a challenge by obtaining a Commission Assessment Challenge Form from the commission. The producer must file the completed Challenge Form with a US Postmark dated no later than 60 days from April 30th of each year. (2) In calculating whether a producer has paid an assessment that exceeds one percent of the total dollar amount received by the producer for the raw commodity during the assessment period the producer must use the assessment period as defined by 670-010-0005(8). Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09 OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03