justicedao/ipfs_state_laws huggingface dataset:
736-080-0030 Notice of Violation (1) The party responsible for an ocean shore violation, or the landowner if the violation occurs on private property within the ocean shore, shall be notified of the violation at such time as the Director determines a violation has occurred. Notice has been given when the notice of violation has been delivered to the responsible party in person or mailed to the responsible party by certified or registered mail. (2) The notice of violation shall include: (a) The statute(s), rule(s), permit condition(s), standard(s) or order violated; (b) A description of the violation; (c) The date the violation occurred or was observed; (d) The address, legal description or other locational description of the property where the violation occurred; (e) The specified time(s) for correction of the violation; and (f) The specific actions to be taken to correct the violation. The specific corrective actions set forth in the violation notice may include all or any combination of the following options in addition to any other measures the Director may deem appropriate: (A) Filing an after the fact application, except in those cases where the proposed project is prohibited by statute or rule; (B) Removing the ocean shore project in violation; and (C) Taking initial corrective measures specified in the violation notice as necessary to promote the public health, safety and welfare and avoid, prevent or minimize damage to the ocean shore and its natural, scenic, recreational, and economic values. (g) The date on which a civil penalty will start accruing if the violation is not corrected as described in subsections (e) and (f) of this rule, except that the Director may decide to impose a civil penalty as described in section (4) of this rule even in cases where appropriate and timely corrective action is taken. (3) If the responsible party corrects the violation within the required time and as specified in the notice of violation, the Director may waive the imposition of a civil penalty. (4) If the violation is not corrected in the time specified in the violation notice, or if the Director determines that the violation is willful, flagrant, of substantial or long-term impact, or that the responsible party is a repeat violator, the Director may impose a civil penalty according to the procedures described in these rules. (5) Each day a violation continues after the time for correction specified in the violation notice, shall be considered a new day for purposes of assessing a civil penalty. The maximum civil penalty is $10,000 per day of continuing violation. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0040 Continuing Notice of Violation and Repeat Violations A notice of violation shall be considered a continuing notice for a period of three years following the date of the notice. A person or agency commits a repeat violation if they make an alteration on the ocean shore without a permit issued under ORS 390.650, or violate an ocean shore standard or a condition in a permit or order within the three year period following a previous notice of violation. In the case of a repeat violation, a civil penalty may be imposed without providing the opportunity for correction. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0050 Determination of Civil Penalty Civil penalties shall be computed using the following formula; P = BF x C x V x F x I , where: (1) “P” is the amount of penalty in dollars; (2) “BF” is the base fine which shall be $500; (3) “C” shall indicate the level of cooperation of the responsible party in resolving the violation where: (a) A value of 1 shall indicate the responsible party is highly cooperative, timely and diligent in applying the corrective measures directed by the Department; (b) A value of 2 shall indicate the responsible party is moderately cooperative but either failed to meet the time frame for correction or failed to apply the corrective measures directed by the Department; and (c) A value of 3 shall indicate the responsible party is uncooperative and both failed to meet the time frame or apply the corrective measures directed by the Department; (4) “V” indicates the number of prior violations, including the extant one, of any of the statutes cited in 736-080-0020(4), or any rule implementing these statutes, or any order or permit arising from the administration of these statutes or rules. “V” shall not exceed a value of 5. (5) “F” indicates the familiarity or prior experience with or knowledge of the statutes, rules, standards, orders or permits affecting alterations and development on the ocean shore: (a) A value of 1 shall indicate the responsible party had no prior familiarity, experience or knowledge of the ocean shore statutes, rules, permits or standards; and (b) A value of 2 shall indicate the responsible party did have prior familiarity, experience or knowledge of ocean shore laws and regulations and knowingly violated those provisions. (6) “I” indicates the impact of the violation on the public interest in navigation, fisheries, recreation and other ocean shore resources including aesthetic values, scenic landforms, wildlife, wildlife habitat, plant life, threatened and endangered species, combined with the duration or permanency of the impacts of the violation. In determining the impact value, where the resource impact and the duration impact are not the same, the higher value of the two shall be used. (a) A value of 1 shall indicate the violation has no, or only minor impacts on the ocean shore values and resources listed in section (6) of this rule and that impacts of the violation will be of minor duration (less than one year). (b) A value of 2 shall indicate the violation has moderate impacts on the ocean shore values and resources listed in section (6) of this rule or that impacts of the violation will have moderate duration (from 1 to 3 years); (c) A value of 3 shall indicate the violation has major impacts on the ocean shore values and resources listed in section (6) of this rule or that impacts of the violation will last more than three years. (7) The maximum civil penalty that may be imposed under these rules is $10,000 per day of continuing violation. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0060 Notice of Civil Penalty (1) Persons or agencies who have received a notice of violation under OAR 736-080-0030, but have not corrected, or have only partially corrected the violation by the time specified in the notice, or who have committed a repeat violation under a continuing notice, may be assessed a civil penalty. Notice of a civil penalty shall be delivered to the responsible party either in person or by registered or certified mail. Where the notice is made by mail, the date of mailing shall be considered the date of service. (2) The notice of civil penalty shall include: (a) A reference to the particular section(s) of the statutes, rules, standards, order or permit conditions involved; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of civil penalty being imposed; and (d) A statement of the responsible party’s right to request a hearing. (3) If a violation is not corrected by the time specified in the notice of violation, a civil penalty may be imposed each day the violation goes uncorrected. (4) If the violation is committed under a continuing notice of violation, no additional notice is required prior to the assessment of a civil penalty. (5) The notice of civil penalty shall be accompanied by a proposed order setting forth the facts of the case and presenting findings and conclusions in support of the civil penalty being assessed. The proposed order shall become final if the responsible party does not request a hearing. (6) The Director may mitigate the civil penalty if the Director determines that to do so would benefit the public interest and advance the policy of protecting and preserving the scenic and recreational value of the ocean shore. The Director shall specify the terms and conditions incumbent upon a responsible party if a civil penalty is mitigated. (7) If a responsible party requests the Director reduce or remit the civil penalty for economic or financial reasons, the responsible party has the burden of proof to provide evidence of economic or financial condition that warrants reducing or remitting the civil penalty. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0070 Opportunity for Hearing/Judicial Review (1) A person or agency receiving a notice of civil penalty may request a hearing by making written application to the Department within 20 days of the service date of the notice. The service date of the notice shall be the date of mailing. If mailed, a request for hearing shall be considered made on the date the request is postmarked. If the postmarked date exceeds 20 days after the service date of the notice, the responsible party’s right to a contested case hearing shall be waived. (2) If a responsible party fails to request a hearing or makes an untimely request, a final order may be issued upon prima facie case made on the record of the Department. (3) If a hearing is requested timely, it shall be scheduled and conducted according to contested case procedures. Following the hearing, the Director shall enter a proposed order. If no exceptions are filed, the proposed order becomes final. (4) Judicial review of an order issued under this section shall be as provided in ORS 183.480 to 183.497 for judicial review of contested cases. Jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-100-0000 Purpose The mission of the Oregon Parks and Recreation Department is to provide and protect outstanding natural, scenic, cultural, historic and recreational sites for the enjoyment and education of present and future generations. The Department is guided by the Parks and Recreation Commission, which leads by defining and affirming the Department’s core values and direction. The Commission adopted Target 2014 on November 30, 2000, setting the Department’s direction for the next fifteen years. These rules set forth the goals that comprise Target 2014. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0010 Goal Two — Promote Outdoor Recreation in Oregon The Oregon Parks and Recreation Department is the state’s principal advocate, leader and source of expertise and support for outdoor recreation. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0020 Goal Three — Advance the Principles of Conservation and Sustainability in Land Management, Development and Business Practices The Commission and the Department hold a public trust to protect Oregon's park system, including the Willamette River Greenway, State Scenic Waterways and ocean shores. The Department practices sustainable natural resource management that balances the need to assure future generations enjoy similar benefits. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0030 Goal Four — Preserve Oregon's Rich Cultural Heritage and Broaden Public Understanding of Oregon's Historic Places and Events The cultural history of Oregon — structures, landmarks, and special places — extends beyond the boundaries of park properties. The Heritage Conservation Division safeguards this public trust. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0040 Goal One — Acquire Properties that Build Upon the Diversity and Strength of Our Current System The Oregon state park system is a rich mosaic of Oregon's natural resources, scenic landscapes and history. In 1998, voters sent a clear message of support for the enhancement of that mosaic through the development, conservation and expansion of Oregon’s park system for future generations. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0050 Goal Five — Deliver World-class Experiences to Park Visitors World-class experiences create vivid memories that enrich the lives of our visitors, and deepen their understanding of Oregon’s natural, historical and cultural resources. Bringing those experiences to life requires a fundamentally strong park system, with varied, ample and appealing places to visit, enthusiastic, professional staff, and a special commitment to high-quality interpretive experiences. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0060 Goal Six — Promote Access to Oregon's Beaches, Trails and Waterways Oregon's park properties belong to the people. The Commission is entrusted with ensuring reasonable access to park lands for all while simultaneously considering resource protection and local land use goals. In particular, access to Oregon's beaches, scenic waterways, trail corridors and other public open spaces demands consistent advocacy, planning and consensus building to ensure enhancement and growth. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0070 Goal Seven — Provide Varied, High-quality Camping and Other Overnight Experiences Camping is a cornerstone of the Oregon state park experience. Demand for camping and other overnight stays in parks is increasing and becoming more varied, and the Department must respond quickly and creatively to that demand. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-100-0080 Goal Eight — Seek Sufficient and Stable Operational and Long-term Funding While Oregon voters accorded the Department a greater measure of financial stability and sufficiency in 1998 through a dedicated share of the state lottery, the Department’s revenue sources are diverse. The Department will not become over-reliant on any one funding source, and the Commission acknowledges need for continued fund-raising, leveraged or shared acquisition partnerships and lean, efficient operations. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.010 & 390.117 History: PRD 10-2004, f. & cert. ef. 9-10-04 PRD 1-2003, f. 1-29-03 cert. ef. 2-1-03
736-140-0000 Use of Collaborative Dispute Resolution Processes (1) Unless otherwise precluded by law, the agency may, in its discretion, use a collaborative dispute resolution process in contested cases, rulemaking proceedings, judicial proceedings, and any other decision-making or policy development process or controversy involving the agency. Collaborative dispute resolution may be used to prevent or to minimize the escalation of disputes and to resolve disputes once they have occurred. (2) Nothing in this rule limits innovation and experimentation with collaborative or alternative forms of dispute resolution, with negotiated rulemaking or with other procedures or dispute resolution practices not otherwise prohibited by law. (3) The collaborative means of dispute resolution may be facilitated negotiation, mediation, facilitation or any other method designed to encourage the agency and the other participants to work together to develop a mutually agreeable solution. The agency may also consider using neutral fact-finders in an advisory capacity. (4) The agency shall not agree to any dispute resolution process in which its ultimate settlement or decision-making authority is given to a third party, including arbitration or fact-finding, without prior written authorization from the Attorney General. (5) Nothing in this rule obligates the agency to offer funds to settle any case, to accept a particular settlement or resolution of a dispute, to alter its standards for accepting settlements, to submit to binding arbitration, or to alter any existing delegation of settlement or litigation authority. Statutory/Other Authority: ORS 390.124 & ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: PRD 11-2021, adopt filed 11/23/2021, effective 11/23/2021
736-140-0002 Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies (1) For the purposes of this rule, “complex public policy controversy” means a multi-party controversy that includes at least one governmental participant and that affects the broader public, rather than only a single group or individual. (2) Before using a collaborative process to resolve a complex public policy controversy, the agency may conduct an assessment to determine if a collaborative DR process is appropriate and, if so, under what conditions. In addition to the factors in OAR 137-005-0020, the agency may use the assessment to consider if: (a) The agency is interested in joint problem solving or in reaching a consensus among participants, and not solely in obtaining public comment, consultation or feedback, which may be addressed through other processes; (b) The persons, interest groups or entities significantly affected by the controversy or by any agreement resulting from the collaborative DR process (A) Can be readily identified; (B) Are willing to participate in a collaborative process; and (C) Have the time, resources and ability to participate effectively in a collaborative process and in the implementation of any agreement that may result from the collaborative process; (c) The persons identified as representing the interests of a group of persons or of an organization have sufficient authority to negotiate a durable agreement on behalf of the group or organization they represent; or (d) There are ongoing or proposed legislative, political or legal activities that would significantly undermine the value of the collaborative process or the durability of any collaborative agreement. (3) The agency may contract with a collaborative DR provider pursuant to OAR 137-005-0040 to assist the agency in conducting all or part of the assessment under section (1) and may request that the provider prepare a written report summarizing the results of the assessment. Statutory/Other Authority: ORS 390.124 & ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: PRD 11-2021, adopt filed 11/23/2021, effective 11/23/2021
736-140-0003 Agreement to Collaborate In preparation for, or in the course of, a collaborative DR process the agency and the other participants may enter into a written agreement to collaborate. This agreement may include: (1) A brief description of the dispute or the issues to be resolved; (2) A list of the participants; (3) A description of the proposed collaborative DR process; (4) An estimated starting date and ending date for the process; (5) A statement whether the collaborative DR provider will receive compensation and, if so, who will be responsible for its payment; (6) A description of the process, including, but not limited to: the role of witnesses, and whether and how counsel may participate in the process; (7) Consistent with applicable statute and rules, a statement regarding the degree to which the proceedings or communications made during the course of the collaborative DR process are confidential; and (8) A description of the likely means of enforcing any agreement or settlement that may result. Statutory/Other Authority: ORS 390.124 & ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: PRD 11-2021, adopt filed 11/23/2021, effective 11/23/2021
736-140-0021 Mediation (1) Unless otherwise provided by law, mediation is a voluntary process from which the agency and other participants may withdraw at any time. (2) The mediator does not represent the interests of any of the participants or offer legal advice. Likewise, the mediator is not a judge and has no decision making power to impose a settlement on the participants or to render decisions. (3) The person participating in the mediation on behalf of the agency shall be knowledgeable about the issues in dispute and have authority to effectively recommend settlement options to the agency. Statutory/Other Authority: ORS 390.124 & ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: PRD 11-2021, adopt filed 11/23/2021, effective 11/23/2021
736-140-0025 Contract Clauses Specifying Dispute Resolution (1) The agency may specify or require any form of dispute resolution except binding arbitration as a condition of a contract. (2) The agency may specify binding arbitration by contract only if the Attorney General has approved the contract containing the clause specifying binding arbitration and the clause itself for legal sufficiency. (3) The agency may provide for the resolution of technical, scientific or accounting matters of fact by requiring the submission of such matters to a neutral fact finder selected and appointed as specified in a contract clause. (4) The specification of a method of dispute resolution in a contract clause does not: (a) Remove the requirement to provide notices or filings or to meet deadlines otherwise required by law, regulation or contract provision; (b) Constitute a waiver of the sovereign immunity of the State of Oregon; or (c) Prohibit the participants from entering into an agreement to use any other method of dispute resolution that appears to be more suitable for the particular dispute in lieu of or in addition to the method specified by contract. Statutory/Other Authority: ORS 390.124 & ORS 36.224 Statutes/Other Implemented: ORS 36.224 History: PRD 11-2021, adopt filed 11/23/2021, effective 11/23/2021
736-146-0015 Special Approvals for Public Contracts When Required (1) When Attorney General legal sufficiency approval is required under ORS 291.047, the department must seek legal approval. (2) When the department contracts for services normally provided by another contracting agency or for services for which another contracting agency has statutory responsibilities, the department is required to seek the other contracting agency’s approvals. Examples of these special approvals include, but are not limited to: (a) DAS, State Services Division, Risk Management for providing tort liability coverage; (b) DAS Enterprise Information Services for telecommunications services; (c) Office of the Treasurer, Debt Management Division, for bond counsel and financial advisory services (bond counsel services also require the approval of the Attorney General); (d) DAS Enterprise Information Services for information-system related services. (3) The Attorney General has sole authority to contract for attorney services. Exceptions may be granted in writing on a case-by-case basis only by the Attorney General. (4) The Secretary of State Audits Division has sole authority to contract for financial auditing services. Exceptions may be granted in writing on a case-by-case basis only by the Secretary of State Audits Division. Statutory/Other Authority: ORS 279A.070, ORS 279A.025, ORS 279A.065(6)(a) & ORS 282.020 Statutes/Other Implemented: ORS 279A.140(2), ORS 279A.025 & ORS 282.020 History: PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025 PRD 16-2009, f. & cert. ef. 12-4-09 PRD 12-2008, f. & cert. ef. 12-15-08 PRD 1-2007, f. & cert. ef. 2-7-07