justicedao/ipfs_state_laws huggingface dataset:
617-050-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 617-050-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 617-050-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODDC 1-2023, adopt filed 09/13/2023, effective 09/13/2023
617-050-0050 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 617-050-0060. (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, ORS 192.329 History: ODDC 1-2023, adopt filed 09/13/2023, effective 09/13/2023
617-050-0060 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 to the commission at the address provided in 617-050-0020. (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 ot her 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, ORS 192.329 History: ODDC 1-2023, adopt filed 09/13/2023, effective 09/13/2023
619-001-0010 Notice of Proposed Rule Prior to adoption, amendment or repeal of any permanent rule, the Oregon Wine Board will give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State’s Oregon Bulletin referred to in ORS 183.360, at least 21 days prior to the effective date of the rule; (2) By mailing a copy of the notice, at least 28 days prior to the effective date of the rule, to persons on the Oregon Wine Board’s Oregon winery and vineyard mailing list and to persons who have requested such notice in accordance with ORS 183.335(8); (3) By posting notice on the Oregon Wine Board website at least 28 days prior to the effective date of the rule; and (4) By mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
619-001-0020 Model Rules of Procedure The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2005, are adopted as the rules of procedure for the Oregon Wine Board and shall be followed in all matters except where a different procedure is prescribed by statute or in OAR chapter 619. Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
619-001-0030 Definitions For purposes of these rules, the following definitions apply. (1) “Board” means the Oregon Wine Board established pursuant to ORS 576.753. (2) “Director” means the director of the Oregon Economic and Community Development Department. Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
619-001-0040 Development of Draft Annual Plans (1) Each fiscal year, the Oregon Wine Board will prepare draft annual plans for promotion and research during the next fiscal year. (2) The draft annual plan for promotion will include, but are not limited to, the following elements: (a) A description of how the Board will support the promotion of Oregon’s wine grape growing and winemaking industries; and (b) Any other elements the Board considers appropriate to include in the draft plan for promotion. (3) The draft annual plan for research will include, but are not limited to, the following elements: (a) A description of how the Board will support enological and viticultural research; (b) A description of how the Board will support economic research to develop sustainable business practices for wine grape growing and winemaking in Oregon; and (c) Any other elements the Board considers appropriate to include in the draft plan for research. Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
619-001-0050 Development of a Draft Annual Budget (1) Each fiscal year, the Oregon Wine Board will prepare a draft annual budget for the next fiscal year. (2) The draft annual budget will itemize the anticipated expenditures for each element of the corresponding draft annual plans, as described above in 619-001-0040, and will use classifications of expenditures and revenues required by ORS 291.206(1). Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
619-001-0060 Adoption of Annual Plans and Budget (1) By February 1 of each year, the Board will make the draft annual budget and annual plans for promotion and research, developed pursuant to 619-001-0040 and 0050 above, available for public review by: (a) Mailing copies to persons requesting copies; and (b) Posting the draft annual budget and annual plans on the Oregon Wine Board’s website. (2) By April 1 of each year, the Board will consider the draft annual budget and annual plans, for recommendation to the Director, at a public meeting of the Board held in compliance with the provisions of ORS 192.610 to 192.690. (3) If the Board votes to recommend the draft annual budget and annual plans to the Director, the Board will submit the draft annual budget and annual plans to the Director no later than April 2, for the Director’s review and approval in accordance with ORS 576.768(2)(c). (4) If the Director approves the draft annual budget and annual plans recommended by the Board, the approved draft annual budget and annual plans shall become the Board’s adopted annual budget and annual plans without further action. (5) If the Director does not approve the draft annual budget and annual plans, the Board shall revise, reconsider and resubmit the draft annual budget and annual plans, substantially in accordance with the procedural requirements of this division of administrative rules, until the Director approves an annual budget and annual plans for the Board, at which time the approved annual budget and annual plans shall become the Board’s adopted annual budget and annual plans without further action. Statutory/Other Authority: ORS 576.766(1) Statutes/Other Implemented: ORS 576.768(2)(b) History: OWB 1-2005, f. 12-5-05, cert. ef. 12-15-05
623-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Hazelnut Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 28 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Hazelnut 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 Commission’s rulemaking and publications whose readers have an interest in Commission activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183 History: HZL 1-2000, f. 12-8-00, cert. ef. 1-1-01 OFC 9, f. & ef. 7-20-76
623-010-0005 Casual Sale "Casual sale" means any sale or sales of hazelnuts made by the producer direct to the consumer where the total accumulated sales during a fiscal year is not more than two hundred and fifty (250) pounds, in-shell basis. Statutory/Other Authority: ORS 576 History: HZL 1-2000, f. 12-8-00, cert. ef. 1-1-01 OFC 2, f. 8-6-59
623-010-0010 Assessment (1) Except as provided in section (2) of this rule, for all transactions occurring on or after October 1, 2022, involving hazelnuts grown in Oregon, the first purchaser shall deduct and withhold an assessment of $.0085 per pound or $17 per ton on merchantable weight in-shell hazelnuts and $.01934 per pound or $38.68 per ton on all shelled hazelnuts from the price paid the producer. (2) All casual sales of hazelnuts shall be exempt from said assessment. (3) ORS 576.345: When a first purchaser lives or has his office in another state or is a federal or other governmental agency, the producer shall report all sales made to such purchaser on forms provided by and pay the tax assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to the Commission. (4) Any producer who performs the handling or processing functions on all or a part of the production of hazelnuts, which normally would be performed by another person as the first purchaser thereof, shall report the sales on such self-produced hazelnuts on forms provided by and pay the assessment moneys directly to the Commission, unless the purchaser from such producer voluntarily makes the proper deduction and remits the proceeds to the Commission. Statutory/Other Authority: ORS 576.304(2), 576.304 (14) & 576.325 Statutes/Other Implemented: ORS 576.304(2), 576.304(14) & 576.325 History: HZL 2-2022, amend filed 09/20/2022, effective 10/01/2022 HZL 1-2019, amend filed 07/18/2019, effective 07/18/2019 HZL 1-2016, f. 6-9-16, cert. ef. 9-1-16 HZL 1-2011, f. & cert. ef. 10-24-11 HZL 1-2004, f. & cert. ef. 7-30-04 HZL 1-2003, f. 9-30-03, cert. ef. 10-1-03 HZL 1-2000, f. 12-8-00, cert. ef. 1-1-01 OFC 1-1985, f. 7-29-85, ef. 8-1-85 OFC 2-1984, f. & ef. 3-7-84 OFC 1-1982, f. & ef. 10-4-82 OFC 2-1980, f. & ef. 7-28-80 OFC 8, f. 4-24-72, ef. 7-1-71 OFC 7, f. 5-10-65, ef. 7-1-65 OFC 2, f. 8-6-59
623-010-0011 Payment of Assessments on Hazelnut Purchases First purchasers and handlers must submit completed and signed assessment reports on commission approved forms along with supporting documents requested by the Oregon Hazelnut Commission. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of hazelnuts. Assessment reports and supporting documents must be submitted to the Oregon Hazelnut Commission office by 5pm on February 27 of the current crop year. Assessment payments are due to the Oregon Hazelnut Commission office according to the following schedule: (1) 50% of total assessments due must be submitted by 5pm on February 27 of the current crop year. (2) The balance of assessments due must be submitted by 5pm on April 30 of the current crop year. The penalty to handlers for not submitting assessments according to the required schedule is 20% per annum of the outstanding portion of assessments due. Penalty will be charged monthly. Statutory/Other Authority: ORS 576 History: HZL 1-2023, amend filed 12/20/2023, effective 01/18/2024 HZL 1-2000, f. 12-8-00, cert. ef. 1-1-01 OFC 4, f. 6-20-61, ef. 8-10-61
623-020-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Hazelnut Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.324(2), ORS 576.304(14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: HZL 1-2020, adopt filed 03/03/2020, effective 03/03/2020
623-020-0020 Request to Inspect of Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 21595 Dolores Way NE, Suite A, Aurora Oregon 97002. If the written request is submitted in person to the commission at this address, the requester must deliver it during the commission’s business hours. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: HZL 1-2020, adopt filed 03/03/2020, effective 03/03/2020
623-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 623-020-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 623-020-0060 or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14) & ORS 183 Statutes/Other Implemented: ORS 192.324 & ORS 192.329 History: HZL 1-2020, adopt filed 03/03/2020, effective 03/03/2020
623-020-0050 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 623-020-0060. (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 & ORS 192.329 History: HZL 1-2020, adopt filed 03/03/2020, effective 03/03/2020
623-020-0060 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 to the commission at the address provided in 623-020-0020. (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 & ORS 192.329 History: HZL 1-2020, adopt filed 03/03/2020, effective 03/03/2020
623-030-0010 Number of Commissioners, Terms The Oregon Hazelnut Commission will consist of eight members appointed by the Director of the Oregon Department of Agriculture for a term of 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: HZL 2-2003, f. & cert. ef. 12-8-03
623-030-0020 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 Hazelnut 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 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 hazelnuts; (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 industry will strive to have broad geographic representation. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576. Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: HZL 2-2003, f. and cert. ef. 12-8-03