justicedao/ipfs_state_laws huggingface dataset:
668-030-0030 Removal of Commissioners The Commission may make a recommendation to the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two consecutive unexcused absences, or other neglect of duty in office; (2) Use of the commission appointment for financial gain or to avoid financial detriment; (3) Unauthorized use or disclosure of confidential information; (4) Conduct in violation of Oregon government standards and practices laws; (5) Misappropriation or misuse of commission funds; (6) Failure to satisfy one or more qualifications for appointment; (7) Not working for the positive economic benefit of the commodity; (8) Inefficiency; or (9) Misconduct. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SBY 1-2004, f. & cert. ef. 1-15-04
668-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Oregon Strawberry 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 or Vice Chair may resign as such or may be removed from that position by vote of four Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be elected at the next regular meeting of the Commission. The Chair will preside over all meetings, call special meetings, and generally supervise the business affairs of the commodity commission committees. 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. Under normal circumstances, the Vice Chair assists in the completion of the duties of the Chair. The Secretary/Treasurer of the commission acts as custodian of all the monies, property, securities, fidelity bonds, and the books, records, and accounts maintained by the commodity commission. This officer is also responsible for promptly depositing all monies and securities of the commission into the appropriate banking institutions. These duties may be delegated to the administrator. In the absence of the Chair or Vice Chair, the Secretary/Treasurer may perform his or her duties. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SBY 1-2004, f. & cert. ef. 1-15-04
668-040-0010 Per Diem Compensation (1) Subject to the availability of funds in the budget, the 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 $30 per day pursuant to ORS 292.495(1). (3) In order to receive compensation, a member must submit to the Commission a written claim for compensation by the 10th day of the second 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, ORS 576.206 & ORS 576.416 History: SBY 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 01/31/2022 SBY 1-2017, adopt filed 10/26/2017, effective 10/26/2017
668-040-0020 Reimbursement of Travel and Other Expenses (1) Subject to subsections (2) through (6) of this rule, a member of the 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 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 second 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; (b) Nature of the expense; and (c) Amount of the expense. (3) An expense that exceeds $300 dollars must be authorized by the 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; and (e) Cost of attending an event associated with promotion of a commodity, such as a festival, trade 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, dance venue, or other entertainment not necessary for official business; (b) In-room movie rental; (c) Long distance telephone charges at a place of lodging; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, commission member or employee, or family member; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 292.495, ORS 576.206, ORS 576.265, ORS 576.311, ORS 576.416 & ORS 576.440 Statutes/Other Implemented: ORS 292.495, ORS 576.206(7) & ORS 576.265 History: SBY 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 01/31/2022 SBY 1-2017, adopt filed 10/26/2017, effective 10/26/2017
668-040-0030 Reimbursement for Hiring a Substitute (1) As used in OAR 668-040-0020, "other expenses" includes expenses incurred by a member of the 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 & ORS 576.206(7) History: SBY 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 01/31/2022 SBY 1-2017, adopt filed 10/26/2017, effective 10/26/2017
668-040-0100 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 Strawberry 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 Strawberry 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 Strawberry Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Strawberry Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Strawberry Commission, either at the request of the chair of the Oregon Strawberry Commission or as authorized in advance by a vote of the Oregon Strawberry 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 Strawberry 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 Strawberry Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Strawberry 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: SBY 3-2021, adopt filed 12/08/2021, effective 01/31/2022 SBY 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022
668-040-0110 COMMISSIONER PER DIEM AND REIMBURSEMENTS Qualified Members (1) In accordance with the procedures set forth in OAR 669-030-0130 and OAR 669-030-0140, the Oregon Strawberry Commission shall provide to a qualified member of the Oregon Strawberry 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 Strawberry Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Strawberry Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: SBY 3-2021, adopt filed 12/08/2021, effective 01/31/2022 SBY 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022
668-040-0120 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 Strawberry Commission shall provide to a non-qualified member of the Oregon Strawberry 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 668-040-0130, the Oregon Strawberry Commission shall provide to a non-qualified member of the Oregon Strawberry 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 Strawberry Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Strawberry Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: SBY 3-2021, adopt filed 12/08/2021, effective 01/31/2022 SBY 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022
668-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Strawberry 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: SBY 3-2021, adopt filed 12/08/2021, effective 01/31/2022 SBY 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022
668-040-0140 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 Strawberry 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 $300 must be authorized by the Oregon Strawberry 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: SBY 3-2021, adopt filed 12/08/2021, effective 01/31/2022 SBY 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 01/31/2022
669-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Sweet Cherry Commission will give notice of the intended action: (1) 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 Sweet Cherry 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’s activities; and (c) Newspapers in primary production regions of the commodities represented by the Commission. Statutory/Other Authority: ORS 183 & 575.305 History: OSCC 1-2001, f. & cert. ef. 2-16-01 OSC 2-1991, f. & cert. ef. 12-31-91 RSC 10, f. & ef. 4-16-76
669-010-0015 Definitions (1) "Person" means any individual, corporation, association, partnership, or joint stock company. (2) "Commission" means the Oregon Sweet Cherry Commission. (3) "Casual Sale" means any sale of Oregon-produced sweet cherries made by the producer direct to any consumer(s), or any sales of fresh cherries, made direct to any retailer(s) in any one season, for an accumulated total of 2000 pounds or less during any one fiscal year. (4) "First Purchaser" means any person who buys sweet cherries from the producer in the first instance, or handler who receives the cherries in the first instance from the producer for resale or processing. (5) "Producer" means a person or other legal entity producing sweet cherries in Oregon for market, whether as a land-owner, landlord, tenant, sharecropper, or otherwise. (6) "Handler" means any producer, processor, distributor, or other person engaged in handling or marketing of or dealing in sweet cherries, whether as owner, agent, employee, broker, or otherwise. (7) Sweet cherries consist of the species Prunes Avium Linn and includes, but is not limited to, such varieties as Royal Annes, Corum, Sam, Black Republican, Van, Bing, Hoskins, Rainier, and Lambert. All sweet cherries grown in Oregon and sold commercially for whatever purpose (either for fresh market or processing) are to be included. (8) "Net Paid for Weight" means the actual weight of all sweet cherries sold, less culls. (9) "Cash Buyer" means any first purchaser who fully pays for any purchase within 30 days. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OSCC 1-2004, f. & cert. ef. 1-13-04 OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89 RSC 1-1985, f. & ef. 9-17-85 RSC 4, f. 11-15-74, ef. 12-11-74 RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74
669-010-0020 Assessments (1) The first purchaser or producer acting in the capacity of his or her own first purchaser will deduct and withhold for assessments the following amounts for all sweet cherries grown in Oregon and sold for the following purposes on any crop harvested after this date: (a) Fresh market — $27 per ton; (b) Canned — $9.00 per ton; (c) Frozen — $9.00 per ton; (d) Brined — $9.00 per ton. (2) All casual sales of sweet cherries will be exempt from the assessment. (See definition of "Casual Sales".) Statutory/Other Authority: ORS 576.066(1)(e), 576.304(2), 576.325(2)(a)(b), (4)(c) & 576.304(14) Statutes/Other Implemented: ORS 576.325 History: OSCC 1-2018, amend filed 04/05/2018, effective 04/19/2018 OSCC 2-2017, f. & cert. ef. 8-25-17 OSCC 1-2005, f. & cert. ef. 3-4-05 OSCC 1-2004, f. & cert. ef. 1-13-04 OSCC 1-1998, f. 7-2-98, cert. ef. 7-2-98 OSC 2-1994, f. & cert. ef. 11-22-94 OSC 1-1994, f. & cert. ef. 6-15-94 OSC 1-1992, f. & cert. ef. 1-3-92 OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89 RSC 2-1987, f. & ef 6-8-87 RSC 2-1980, f. 6-6-80, ef. 6-15-80 RSC 9, f. & ef. 11-21-75 RSC 8, f. 8-13-75, ef. 9-11-75 RSC 7(Temp), f. & ef. 7-1-75 RSC 4, f. 11-15-74, ef. 12-11-74 RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74
669-010-0030 Penalties Penalty for delaying transmittal of assessment moneys (ORS 576.355), "In addition to the penalties prescribed in 576.99, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of ten percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. If seeking a waiver of the penalties, a written explanation of the circumstances that caused the payment delay must be submitted to the Commission office for review. Penalties may be waived by a majority vote of the Commission. Statutory/Other Authority: ORS 576 & 2003 OL Ch. 604 Statutes/Other Implemented: ORS 576 & 2003 OL Ch. 604 History: OSCC 2-2005, f. 8-23-05, cert. ef. 8-26-05 OSCC 1-2004, f. & cert. ef. 1-13-04 OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89 RSC 4, f. 11-15-74, ef. 12-11-74 RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74
669-010-0040 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and 669-010-0020(4) of the reports required under 669-010-0025, applies to and covers any purchase by him or her or delivery on or after June 1, 1989, of any sweet cherries grown in Oregon. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OSCC 1-2004, f. & cert. ef. 1-13-04 OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89 OSC 1-989, f. 5-24-89 & cert. ef. 6-1-89
669-010-0050 Exemption Based on Type of Commodity Sale No assessment will be deducted for any sale or sales of sweet cherries made by the producer direct to any consumer(s) and/or retailer(s) where the total accumulated sales during a fiscal year is not more than 2000 pounds. (See casual sales as defined in 669-010-0015.) 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
669-020-0010 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 Sweet Cherry 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 192.318 (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
669-020-0020 Request to Inspect or 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 1827 NE 44th Ave #315, Portland, OR 97213. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 History: OSCC 4-2021, adopt filed 12/15/2021, effective 12/15/2021
669-020-0040 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 669-020- 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 669-020- 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 History: OSCC 4-2021, adopt filed 12/15/2021, effective 12/15/2021