justicedao/ipfs_state_laws huggingface dataset:
167-060-0130 Financial Transparency Policy (1) It is the policy of the Secretary of State to maintain full and timely transparency for all spending to ensure accountability and restore public trust in state government. (2) The Secretary of State’s office shall post financial transparency disclosures that are updated monthly. All disclosure reports shall be posted prominently online, publicly accessible, fully searchable, and include both payroll and non-payroll expenditures. (3) Financial transparency disclosures for each non-payroll expenditure shall list each expenditure along with the associated budget category, budget sub-category, vendor name, vendor city, vendor state, expenditure amount, payment date, invoice description, agency division, reference document number, and any other appropriate associated information, each listed separately by category. (4) Financial transparency disclosures for each payroll expenditure shall include the position number and separate amounts for each of the payments associated with that position in the following categories: monthly salary, overtime, holiday pay, standby duty pay, work out of class and lead pay, Public Employee Retirement System payments, Public Employee Retirement System pension obligation bond payment, health insurance, dental insurance, life insurance, Social Security and Medicare taxes, Public Employees’ Benefit Board fees, the Workers Benefit Fund assessment, the Employee Relations Board assessment, any other appropriate payroll expense, each listed separately by category. (5) The Secretary of State’s office shall maintain online financial transparency disclosures with information from all payroll and non-payroll expenditures for at least as long as the established retention schedule for financial records. (6) Disclosure reports should be posted in open-source, machine-readable data formats, and data should contain unique identifiers to enable intergration and comparison with other data sets. Statutory/Other Authority: Statutory/Other Authority: Oregon Constitution, Article VI, Sections 2 and 5; ORS 177.050 Statutes/Other Implemented: Statutory/Other Authority: Oregon Constitution, Article VI, Sections 2 and 5; ORS 177.050 History: BSD 1-2019, adopt filed 01/11/2019, effective 01/14/2019
170-001-0000 Notice of Proposed Rulemaking and Model Rules of Procedure (1) Except when adopting a temporary rule, the State Treasurer will provide public notice of the proposed adoption, amendment, or repeal of any rule by: (a) Publishing notice of the proposed rulemaking action in the Secretary of State's Oregon Bulletin under ORS 183.335(1)(b); (b) Notifying interested people and organizations who have requested to be notified of rulemaking actions under ORS 183.335 and section (2) of this rule; (c) Providing notice to legislators as required by ORS 183.335(15); and (d) Providing notice to any other person or organization the State Treasurer believes may have an interested in the rulemaking action. (2) A person or organization may subscribe through the State Treasurer’s website to receive email notification when the State Treasurer proposed to adopt, amend, or repeal an administrative rule. (3) The State Treasurer adopts the Attorney General’s Model Rules of Procedure related to the content of notices, the conduct of rulemaking hearings, adoption of temporary rules, and other related rulemaking procedures. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available on the Secretary of State’s website under OAR 137-001.] Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 183 History: OST 3-2019, amend filed 08/27/2019, effective 09/01/2019 OST 2-2004, f. & cert. ef. 6-23-04 TD 1-1984, f. & ef. 10-5-84 TD 12, f. & ef. 5-11-77 TD 7, f. 10-14-71, ef. 11-1-71
170-001-0005 Contested Case Hearings Model Rules of Procedure (1) The Treasurer adopts by reference the Attorney General’s Model Rules of Procedure for Contested Case Hearings in OAR 137-003-0501 to 137-003-0700 in relation to claims made under ORS 98.302 to 98.436, 98.992 or 116.253 or any other claim to escheated or unclaimed property. (2) An Administrative Law Judge assigned by the Office of Administrative Hearings is not authorized to issue a final order on behalf of the Treasurer. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure for Contested Case Hearings is available from the State Treasurer or on the Secretary of State’s website.] Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 183.341, 183.464 & 183.635 (as amended by section 56, chapter 678, Oregon Laws 2019) History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-002-0000 Fees for Public Records (1) The Oregon State Treasury may charge a fee reasonably calculated to reimburse the Oregon State Treasury for the costs of locating, compiling, editing, redacting, or otherwise processing information and records in response to a request for public records. (2) When the cost to provide public records under section (1) is $25 or more, the Oregon State Treasury may charge a person requesting public records for the following: (a) An hourly rate, charged in 15-minute increments, based on the work performed and not on the employee performing the work. The rates are: (A) Investment Officer: $95 per hour; (B) In-house Counsel: $95 per hour; (C) Manager: $70 per hour; (D) Professional: $50 per hour; and (E) Clerical: $30 per hour. (b) The rate for photocopying, duplicating, mailing, third-party costs, or other costs necessary to complete a response to a request for public records are as follows: (A) Certified copies: $1 per page; (B) Uncertified copies: $0.05 (5 cents) per page; (C) Copies made by DAS Copy Center: actual cost or best estimate of cost; (D) Other applicable charges: actual cost or best estimate of cost; and (E) Attorney General charges: actual cost or best estimate of cost based on the Attorney General’s fee schedule. (c) The Oregon State Treasury will charge $25 per report when a person requests any Investment Performance and Holdings Report. (d) The Oregon State Treasury will charge a minimum of $150 for a Finder’s List of Unclaimed and Escheat Property. (3) A person may request a fee waiver or reduction as in the manner required under OAR 170-002-0002(3)(b)(D). Treasury will not consider a request for fee waiver or reduction after an estimate is sent to the person requesting the public record. Statutory/Other Authority: ORS 178.050 & ORS 192.324 Statutes/Other Implemented: ORS chapter 293, ORS chapter 295, ORS chapter 183 & ORS chapter 192 History: OST 2-2021, amend filed 06/29/2021, effective 07/01/2021 OST 3-2019, amend filed 08/27/2019, effective 09/01/2019 OST 6-2018, amend filed 11/19/2018, effective 11/23/2018 OST 3-2004, f. & cert. ef. 6-23-04 TD 1-1990, f. 4-17-90, cert. ef. 5-1-90
170-002-0005 Copier/Facsimile Use by Oregon State Treasury Employees For use of copy or facsimile equipment by employees of the Oregon State Treasury when acting in a private capacity, employees shall pay the fees set forth in OAR 170-002-0000. Copying or facsimile fees incurred by an employee be paid: (1) By check, payable to the Oregon State Treasury, within the first ten working days of the month immediately following the month in which charges were incurred; or (2) Prior to receiving their final compensation upon separation or termination from the Oregon State Treasury. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 183, 192, 293 & 295 History: TD 1-1990, f. 4-17-90, cert. ef. 5-1-90
170-002-0010 Criminal Records Check and Fitness Determination Rules (1) Purpose. This rule controls the OST’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the OST as an employee, volunteer, board member, contractor or vendor. The fact that the OST approves a subject individual as fit does not guarantee the individual a position as an OST employee, volunteer, board member, contractor or vendor. Criminal Records checks are conducted in accordance with OAR 125-007-0200 through 125-007-0310. (2) Fees. (a) The OST may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged to the Department by the Oregon Department of State Police, the Federal Bureau of Investigation, or a contractor conducting a criminal background check to obtain criminal offender information on the subject individual. (b) The OST may not charge the fee to the subject individual on whom criminal offender information is sought if the subject individual is being considered for employment with OST or providing volunteer services to OST. (c) The OST may charge a fee to the subject individual if he or she is a contractor or vendor and is undergoing a fitness determination in that capacity, or the OST may charge the fee to the subject individual’s employer. (d) The OST may charge a fee to a subject individual that has been appointed or is being considered for appointment to a board or commission by the State Treasurer. Statutory/Other Authority: ORS 181A.195, 184.340 & 184.365 Statutes/Other Implemented: ORS 181A.195(9) History: OST 4-2017, f. & cert. ef. 5-25-17 OST 1-2008, f. & cert. ef. 3-3-08
170-002-0100 Definitions The follow definitions apply to OAR 170-002-0100 through 170-002-0300: (1) “Award” means the Treasurer’s communication to an Offeror of the Treasurer’s intent to enter into a Contract with the Offeror. (2) “Closing” means the date and time specified in a Contract solicitation as the deadline for submitting Offers. (3) “Contract” means a legally binding written agreement between the Treasurer and Offeror for the purchase and sale of Goods and Services or for Exempt goods, services or other transactions. (4) “Contractor” means a person with whom the Treasurer enters into a Contract. (5) “Days” means calendar days. (6) “Exempt” means the Public Contracting Code does not apply. (7) “Goods and Services” has the meaning given in ORS 279B.010 and as clarified by OAR 170-002-0100. (8) “Offer” means a bid, proposal, quote or other writing or submission through which a person offers, Goods and Services, or Exempt goods, services, investments or other transactions, for a price or with certain qualifications to the Treasurer or otherwise responds to a Procurement. (9) “Offeror” means a person who submits an Offer. (10) “Procurement” means the process of soliciting Offers with the intention that there is an Award by the Treasurer of one or more Contracts or identification of potentially eligible Contractors at the end of the process. (11) “Procurement Officer” means any staff of the Treasurer whom the Treasurer has employed, or to whom the State Treasurer has delegated authority, to carry out Procurements, Contract administration and related activities. (12) “Public Contracting Code” or “Code” means ORS chapters 279A, 279B, and 279C. (13) “Responsible” means the Treasurer reasonably believes that the Offeror would be a reliable, competent, responsible, and an accountable and a legally authorized Contractor. (14) “Solicitation Document” means a written, including electronically transmitted, inquiry issued to one or more persons soliciting Offers. (15) “Treasurer” means the Office of the State Treasurer. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: OST 1-2026, amend filed 01/21/2026, effective 01/30/2026 OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0105 Authority and Applicability of the Public Contracting Code (1) Procurements and the resulting Contracts are Exempt, except for the Procurement of, and Contracts for, the Goods and Services as described in paragraph 2 of this rule. (2) Goods and Services that are not Exempt and are subject to the Procurement methods required under ORS chapter 279B generally are: (a) Services that do not require personalized or specialized skills, knowledge, or expertise related to banking, borrowing or investments; (b) Goods and services that do not require the exercise of professional judgment or management discretion related to banking, borrowing, investments or to the Treasurer's exercise of the other powers of that office prescribed in ORS 178.010 to 178.090 and 276A.242 and ORS Chapters 286A, 287A, 289, 293, 294 and 295; (c) Services that are common to any entity that carries on a business such as janitorial, repair, delivery, mail processing, and information technology services that are not specialized for banking, borrowing, investments or to the Treasurer's exercise of the other powers of that office prescribed in ORS 178.010 to 178.090 and 276A.242 and ORS Chapters 286A, 287A, 289, 293, 294 and 295; (d) Goods that are common to any entity that carries on a business such as furniture, office equipment and supplies, and computers and related equipment that are not specialized for banking, borrowing, or investing and may be used for any type of business. (3) All other Procurements conducted by the Treasurer are Exempt. If goods or services have some of the attributes described in paragraph 2, but also fall within the scope of contracts described in ORS 279A.025 that are Exempt, the Treasurer, in its sole discretion, will specify whether a Procurement or a Contract for such goods and services is Exempt. (4) Unless otherwise provided under this section, the Contracting and Procurement administrative rules adopted by the Department of Administrative Services under OAR chapter 125 do not apply to procurements conducted and contracts entered into by the State Treasurer. (5) The Treasurer may provide any part or all of an education or training program, or may approve any part or all of an education or training program provided by the Department of Administrative Services or other provider, that meets the standards and requirements established by the Treasurer under ORS 279A.159(3). Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.025(2)(p), ORS 279A.050(5) & ORS 279A.159(3) History: OST 1-2026, amend filed 01/21/2026, effective 01/30/2026 OST 6-2018, amend filed 11/19/2018, effective 11/23/2018 OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0110 Procurement Policy and Approach (1) The Attorney General’s model rules do not apply to the Treasurer. The Treasurer will consider the Attorney General’s model rules for guidance when exercising Contract and Procurement discretion, particularly with respect to Procurements of Goods and Services subject to ORS Chapter 279B. The Procurement Officer will review this division of the Treasurer’s administrative rules each time the Attorney General modifies its model rules to determine whether to modify this division to comply with statutory or other changes. (2) The Treasurer will contract with an outside party when it is not feasible to use personnel or resources within the agency because the specialized skills, knowledge or resources to perform are not available within the Treasurer’s office; services cannot be performed in a reasonable time by the Treasurer’s staff; it is less expensive to contract with a third party; or an independent and impartial evaluation of a situation by recognized professionals is required. Contracts will be awarded only after approval of the Treasurer or designee. (3) The Treasurer’s policy is to continuously improve Procurement practices to reflect the marketplace while promoting public confidence by demonstrating ethical behavior, fair dealing, honesty, and good faith. Further, it is the Treasurer’s policy to encourage competition in the marketplace, unless it is not practicable to achieve the public policy goals for banking, borrowing, and investing. (4) The Treasurer will evaluate Offers based on performance factors and other aspects of service quality, as well as pricing, in selecting the Offer most advantageous to the state. Awards will be made to the most responsive Responsible Offeror(s) based on the best overall value, and not solely on lowest cost. (5) The Treasurer may provide any part of or all of an education or training program that meets the standards established by the Treasurer, or may approve any part of all of an education or training program provided by the Department of Administrative Services or other provider that meets the standards and requirements established by the Treasurer under ORS 279A.159(3) and this rule. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065, ORS 279A.050(5) & ORS 279A.159(3) History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0115 Procurement Method (1) For any Contract estimated to cost $50,000 or less, the Treasurer may allow a preference for, or limit competition to, contracting entities owned or controlled by disadvantaged persons described in ORS 279A.100(1). (2) The Treasurer may participate in, sponsor, conduct, or administer cooperative procurements as described in ORS 279A.200 through 279A.225; provided, however, the Treasurer may conduct and administer cooperative procurements only for programs under the authority of the Treasurer and for public entities that are not subject to the exclusive authority of the Department of Administrative Services under ORS 279A.050(7). (3) OAR 170-002-0120 through OAR 170-002-0140 apply to the Procurement of Goods and Services. (4) OAR 170-002-0145 applies to Procurements for goods, services and Contracts that are Exempt, unless otherwise provided in OAR 170-061-0300. (5) OAR 170-002-0150 through OAR 170-002-0170 apply to all Procurements conducted by the Treasurer. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.025(2)(p), ORS 279A.100, ORS 279A.050(5) & ORS 279A.065 History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0120 Small Procurements (1) Generally. For Procurements less than or equal to $25,000, the Treasurer may award a Contract as a small procurement under ORS 279B.065. (2) Amendments. The Treasurer may amend a Contract awarded as a small procurement. However, cumulative amendments to one Contract may not increase the total Contract price to greater than one hundred twenty-five percent (125%) of the dollar amount stated in ORS 279B.065. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.065 & 279A.050(5) History: OST 2-2023, amend filed 12/15/2023, effective 01/02/2024 OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0125 Intermediate Procurements (1) Generally. For procurements of Goods or Services greater than $25,000 and less than $250,000, the Treasurer may award a Contract as an intermediate procurement pursuant to ORS 279B.070. (2) Negotiations. The Treasurer may negotiate with a prospective Contractor who responds to an intermediate procurement to clarify its Offer or to effect modifications that will make the Offer more advantageous to the Treasurer. (3) Amendments. The Treasurer may amend a Contract awarded as an intermediate procurement. However, cumulative amendments to one Contract may not increase the total Contract price to a sum that exceeds the higher dollar amount stated in ORS 279B.070 or one hundred twenty-five percent (125%) of the original Contract price, whichever is greater. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.070 & ORS 279A.050(5) History: OST 2-2023, amend filed 12/15/2023, effective 01/02/2024 OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0130 Sole-source Procurements (1) Generally, the Treasurer may award a Contract for Goods and Services without competition as a sole-source procurement pursuant to the requirements of ORS 279B.075. (2) Public Notice. If, but for the determination that the Treasurer may enter into a Contract as a sole-source, the Treasurer would be required to select a Contractor using the selection methods set forth in either ORS 279B.055 or 279B.060, the Treasurer will give public notice that the Goods or Services or class of Goods or Services are available from only one source. The Treasurer shall publish such notice in a manner similar to the public notice of competitive sealed bids under 279B.055(4). The public notice must describe the Goods or Services to be acquired by a sole-source procurement, identify the prospective Contractor and include the date, time and place that protests are due. The Treasurer will provide at least seven (7) days from the date of such notice to protest the sole-source determination. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.075 & ORS 279A.050(5) History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0135 Emergency Procurements The Treasurer may award a Contract as an emergency procurement pursuant to the requirements of ORS 279B.080. The Treasurer will competitively procure Goods and Services in an emergency using a process that is reasonable and appropriate under the circumstances. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.080 & ORS 279A.050(5) History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0140 Special Procurements (1) Generally. The Treasurer may award a Contract as a special procurement pursuant to the requirements of ORS 279B.085. (2) Public Notice. The Treasurer will give public notice in the same manner as public notice under ORS 279B.055(4). The public notice will describe the Goods or Services or class of Goods or Services to be acquired through the special procurement. The Treasurer must provide at least seven (7) days from the date of the notice for affected persons to protest the special procurement. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.085 & ORS 279A.050(5) History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018
170-002-0145 Discretionary Exempt Procurements When a Procurement conducted by the Treasurer is Exempt, the Treasurer will generally follow the requirements and procedures set forth in ORS chapter 279B. However, the Treasurer may employ other processes that the Treasurer deems practical or convenient, including direct selection and negotiation, as the Treasurer determines are necessary or desirable to achieve the state’s financial management public policy goals. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.025(2)(p) & ORS 279A.050(5) History: OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018