justicedao/ipfs_state_laws huggingface dataset:
656-020-0010 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 Trawl 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, ORS 192.329 History: OTC 1-2019, adopt filed 05/01/2019, effective 05/10/2019
656-020-0020 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 16289 Hwy 101 S, Suite C Brookings, OR 97415. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OTC 1-2019, adopt filed 05/01/2019, effective 05/10/2019
656-020-0040 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 565-020-0050, 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 656-020-0060, 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: OTC 1-2019, adopt filed 05/01/2019, effective 05/10/2019
656-020-0050 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 656-020-0060. (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: OTC 1-2019, adopt filed 05/01/2019, effective 05/10/2019
656-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 656-020-0020. (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: OTC 1-2019, adopt filed 05/01/2019, effective 05/10/2019
656-030-0010 Number of Commissioners, Terms The Oregon Trawl Commission will consist of eight (8) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of four years or, if for a term following a prior term for that person, ending four 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: OTC 1-2003, f. 11-28-03 cert. ef. 1-1-04
656-030-0020 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, if any, 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 Oregon Trawl 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 trawl caught products; (b) A majority of the members will be producers; (c) Two members will be handlers representing different companies; (d) All members who are not a handler or the public member will be producers. (3) If a position remains vacant for more than 90 days following reasonable efforts to recruit a member from a particular region, a person may be appointed at large and may reside anywhere within the State of Oregon. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OTC 1-2014, f. & cert. ef. 1-24-14 OTC 1-2003, f. 11-28-03 cert. ef. 1-1-04
656-030-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (a) Six or more unexcused absences, or other neglect of duty in office; (b) Use of the commission appointment for financial gain or to avoid financial detriment; (c) Unauthorized use or disclosure of confidential information; (d) Conduct in violation of Oregon government standards and practices laws; (e) Misappropriation or misuse of commission funds; (f) Failure to satisfy one or more qualifications for appointment; (g) Not working for the positive economic benefit of the commodity; (h) Inefficiency; or (i) Misconduct. (2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OTC 1-2003, f. 11-28-03 cert. ef. 1-1-04
656-030-0040 Chair and Other Officers Annually, at the first regular meeting of the Commission at the beginning of the new fiscal year, the Commission will elect from its members a Chair, a Vice Chair, and a Secretary–Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary-Treasurer may resign as such or may be removed from that position by vote of five Commissioners. If the Chair, Vice Chair or Secretary-Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair or Secretary-Treasurer 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. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OTC 1-2014, f. & cert. ef. 1-24-14 OTC 1-2003, f. 11-28-03 cert. ef. 1-1-04
656-040-0100 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 Trawl 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 Trawl 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 Trawl Commission meeting or subcommittee meeting; (b) Attendance at a conference or other activity as a representative of the Oregon Trawl Commission, either at the request of the chair of the Oregon Trawl; Commission or as authorized in advance by a vote of the Oregon Trawl Commission; and (c) 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 Trawl Commission, an event associated with promotion of a commodity, such as a trade show, festival, stock show, county fair, or state fair. “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, or state fair; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Trawl Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Trawl Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTC 1-2022, adopt filed 03/23/2022, effective 03/23/2022 OTC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/23/2022
656-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 656-040-0130 and OAR 656-040-0140, the Oregon Trawl Commission shall provide to a qualified member of the Oregon Trawl 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 Trawl Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Trawl Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTC 1-2022, adopt filed 03/23/2022, effective 03/23/2022 OTC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/23/2022
656-040-0120 Non-qualified Members (1) In accordance with the procedures set forth in OAR 656-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Trawl Commission shall provide to a non-qualified member of the Oregon Trawl 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 656-040-0140, the Oregon Trawl Commission shall provide to a non-qualified member of the Oregon Trawl 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 Trawl Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Trawl Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTC 1-2022, adopt filed 03/23/2022, effective 03/23/2022 OTC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/23/2022
656-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Trawl Commission no later than the 15th day of the calendar month following the quarter for which the member seeks compensation. For example, claims for compensation for July 1-September 30 must be submitted by October 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 292.495 & ORS 576.265 History: OTC 1-2022, adopt filed 03/23/2022, effective 03/23/2022 OTC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/23/2022
656-040-0140 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 Trawl Commission no later than the 15th day of the calendar month following the quarter in which the member incurred the expense. For example, a claim for compensation for July 1 – September 30 must be submitted by October 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 $500 must be authorized by the Oregon Trawl Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTC 1-2022, adopt filed 03/23/2022, effective 03/23/2022 OTC 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/23/2022
657-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Ryegrass Growers Seed 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 Ryegrass Growers Seed Commission's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in a commission’s rulemaking and publications whose readers have an interest in commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183.341(4) & 579.100 Statutes/Other Implemented: ORS 183.341(4) History: RGSC 1-2001, f. & cert. ef. 3-21-01 RG 1-1995, f. & cert. ef. 6-29-95 RG 6, f. & ef. 1-9-76
657-010-0010 Definitions (1) “Person” means any individual, corporation, association, partnership, or joint stock company. (2) “Commission” means the Oregon Ryegrass Growers Seed Commission. (3) “Casual Sale” means any sale or sales of ryegrass seed made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds. (4) “First Purchaser” means any person who buys ryegrass seed from the producer in the first instance, or handler who received the ryegrass seed in the first instance from the producer for resale or processing. (5) “Producer” means a person or other legal entity producing ryegrass seed in Oregon for market, whether as landowner, landlord, tenant, sharecropper, or otherwise. (6) “Handler” means any producer, processor, or distributor or other person engaged in handling or marketing of or dealing in ryegrass seed, whether as owner, agent, employee, broker, or otherwise. (7) Ryegrass Seed includes seed of all common or named varieties of annual and perennial ryegrass seed (bot.-Lolium multiflorum L., Lolium prenne L., plus all interspecific hybrids). Statutory/Other Authority: ORS 576.325 - 576.365 Statutes/Other Implemented: ORS 576.325 - 576.365 History: RG 3, f. 7-8-65, ef. 7-15-65
657-010-0015 Assessments (1) Any first purchaser shall deduct and withhold an assessment of the following amounts from each of the following ryegrass crops grown for seed in Oregon: (a) Annual Ryegrass seed, Gulf Annual Ryegrass seed, Intermediate Ryegrass seed and Mixed Ryegrass seed, when the mixture is 51% or greater Annual Ryegrass, Gulf Annual Ryegrass and/or Intermediate Ryegrass seed: 15 cents ($.15) per cwt, clean seed basis, from the price paid to the producer thereof; (b) Perennial Ryegrass seed, when the mixture is 51% or greater Perennial Ryegrass and/or Forage Perennial Ryegrass seed: three and one-half tenths of one percent (0.35%) of the purchase price per pound, clean seed basis, from the price paid to the producer thereof, on and after July 1, 2023. (2) All casual sales (see: 657-010-0010 (3)) of ryegrass seed shall be exempt from the assessment. (3) The assessment shall be levied only against any commodity or mixture which contains more than 50 percent ryegrass seed. Statutory/Other Authority: ORS 576.325 - 576.365 Statutes/Other Implemented: ORS 576.325 - 576.365 History: RGSC 1-2022, amend filed 10/21/2022, effective 07/01/2023 RGSC 1-2016, f. 6-15-16, cert. ef. 7-1-16 RGSC 2-2008, f. 6-4-08, cert. ef. 7-1-08 ORGC 1-1999, f. 8-19-99, cert. ef. 10-1-99 ORGC 1-1998, f. 6-11-98, cert. ef. 7-1-98 RG 1-1997, f. 6-11-97, cert. ef. 7-1-97 RG 2-1995, f. 9-14-95, cert. ef. 10-1-95 RG 1-1992, f. 6-22-92, cert. ef. 7-1-92 RG 2-1991, f. & cert. ef. 7-9-91 RG 1-1989, f. 6-21-89, cert. ef. 7-1-89 RG 2-1988, f. 10-19-88. cert. ef. 1-1-89 RG 1-1988, f. 6-17-88, cert. ef. 7-1-88 RG 5, f. 7-7-75, cert. ef. 7-25-75 RG 4(Temp), f. 6-5-75, cert. ef. 7-1-75 RG 3, f. 7-8-65, cert. ef. 7-15-65
657-010-0020 Reports and Payment of Assessment Moneys First purchasers and handlers must submit completed and signed assessment reports on commission approved forms or formats. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Ryegrass seed. Quarterly assessment reports and assessments are due to the commission office and must be postmarked by the last day for the reporting month specified below. Quarterly assessments shall be reported as follows: (1) January, February, March assessments postmarked by April 30th; (2) April, May, June assessments postmarked by July 31st; (3) July, August, September assessments postmarked by October 31st; (4) October, November, December assessments postmarked by January 31st. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: RGSC 1-2001, f. & cert. ef. 3-21-01 RG 1-1983, f. 2-1-83, ef. 2-15-83 RG 3, f. 7-8-65, ef. 7-15-65
657-010-0025 First Effective Date of Assessment (1) The assessment to be withheld and paid by a first purchaser, as required by ORS Chapter 576 and OAR 657-010-0015(1), applies to and covers any sale made on and after July 15, 1965, by a producer to such first purchaser of ryegrass seed grown in Oregon, regardless of the time it was or is grown. (2) “Sale” for the purpose of such law or regulation means the date that title to the ryegrass seed passes from the seller to the purchaser. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: RG 3, f. 7-8-65, ef. 7-15-65