justicedao/ipfs_state_laws huggingface dataset:
733-030-0460 State Sign Policy (1) If an eligible Interstate Oasis business existing within three miles of an interchange has not applied for a permit for Interstate Oasis signing, then an otherwise eligible Interstate Oasis business that is located farther than three miles from the interchange may apply for a permit. (2) If applications are received for any one interchange from more than one eligible Interstate Oasis business, the order of priority must be based on the date of the properly completed application received by Council. (3) The owner or responsible operator of an Interstate Oasis business must file an application for Interstate Oasis signing on a form specified by the Council. (4) Eligibility of Interstate Oasis businesses for continued placement of their Interstate Oasis signing may be reviewed by the Travel Information Council at any time to assess whether the businesses and sign locations meet present guidelines. If the review finds that the business or the signing location does not meet all applicable rules and laws, the signing may be removed. Statutory/Other Authority: ORS 377.787 Statutes/Other Implemented: ORS 377.710, 377.790-377.830, 377.833-377.836 & 377.838 – 377.845 History: TIC 1-2014, f. & cert. ef. 11-5-14 TIC 2-2009, f. & cert. ef. 6-1-09
733-030-0470 Waiver Procedures. Administrative Procedure Act. Any order of the Council denying a permit under these rules, or for removal of a sign under these rules, may be entered administratively without hearing, subject to requirements of ORS Chapter 183 and the administrative and judicial review as provided therein. The Council shall notify businesses promptly on any permit denial or waiver denial or decision to remove a sign under these rules. Statutory/Other Authority: ORS 377.787 Statutes/Other Implemented: ORS 377.710, 377.790-377.830, 377.833-377.836 & 377.838 – 377.845 History: TIC 1-2014, f. & cert. ef. 11-5-14 TIC 2-2009, f. & cert. ef. 6-1-09
733-030-0480 Installation and Permit Fees (1) Upon approval of a permit, the Council may furnish, erect and maintain Interstate Oasis signs as required and shall notify the business applying for those signs when a permit has been approved. (2) Upon the approval of a permit for Interstate Oasis signs, the Council shall issue a Request for Quotation (RFQ) from qualified contractors and suppliers to determine the total construction and fabrication costs to install the Interstate Oasis signs. (3) All costs to install the Interstate Oasis signs must be paid for by the business applying for those signs. (4) Installation fees are determined by the total cost of the Interstate Oasis signs. Fees are payable within 30 days following the installation date. (5) Permit fees will be reviewed and established annually by the Council pursuant to ORS 377.825 and will be charged according to the Council's current Schedule of Fees. When permit fees are reviewed for potential changes, the Council shall send a notice of permit fee changes to the business with an Interstate Oasis sign permit and to all interested parties requesting the information. Businesses and interested parties will have 30 days to respond in writing or attend a public hearing scheduled after the 30 day time period. The Schedule of Fees will also be available on the Council web site for personal download or by mail upon request. (6) Permit fees are due with the contract and the permit automatically renewed upon receipt of the annual payment of invoice to the Council on or before the payment due date stated in the Council's invoice. Statutory/Other Authority: ORS 377.787 Statutes/Other Implemented: ORS 377.710, 377.790-377.830, 377.833-377.836 & 377.838 – 377.845 History: TIC 1-2014, f. & cert. ef. 11-5-14 TIC 2-2009, f. & cert. ef. 6-1-09
733-030-0500 Applicability and Purpose (1) The purpose of these regulations is to establish rules for the "free coffee" program service sponsored by non-profit organizations in rest areas; permissible under federal regulations and state law; and found by the Council, in certain instances, to be in the interest of public safety. (2) These regulations are applicable to those rest areas managed by the Council. (3) The authority for the issuance of these regulations is Oregon Laws 2012, Section 10, Chapter 63. Statutory/Other Authority: Oregon Jobs & Transportation Act 2009 (HB 2001) History: TIC 1-2012, f. & cert. ef. 10-11-12 TIC 1-2010, f. & cert. ef. 3-15-10
733-030-0510 Definitions In addition to the definitions described in OAR 733-030-0011, the following definitions shall apply unless the context clearly indicates otherwise: (1) “Cookie” means cookies or brownies available from a licensed facility but not cake, bagels, donuts, coffee cake, candy bars, or other similar items. (2) “Free Coffee” means coffee and any other non-alcoholic beverage not available in the rest area vending machines. (3) “Free Coffee Program Application and Permit” means a permit available from the Council requesting permission to sponsor a free coffee service at a specified interstate rest area. (4) “Non-profit organization” means an organization that has been granted non-profit status by the Internal Revenue Service. Statutory/Other Authority: Oregon Jobs & Transportation Act 2009 (HB 2001) History: TIC 1-2010, f. & cert. ef. 3-15-10
734-001-0003 Public Hearing for New State Highway Route or Corridor The Oregon Transportation Commission, pursuant to ORS 366.215, may, 30 days or more after a public hearing covering the selection of any new State Highway route or corridor, which said hearing shall be publicly advertised in newspapers of general circulation not less than three weeks in advance of such hearing, adopt said route or corridor at any Transportation Commission meeting. Interested persons may submit data, views or arguments concerning any proposed route or corridor to the Region Office of the Department of Transportation within 10 days following any public hearing. Statutory/Other Authority: ORS 366 Statutes/Other Implemented: ORS 366.215 History: HWY 4-1990, f. & cert. ef. 3-8-90 HC 1267, f. 12-6-71
734-001-0025 Relocation Appeal Procedures for Land Acquisition (1) Within 60 days of a final determination granting or denying eligibility for a Relocation payment, or of an amount of payment under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and any regulations adopted thereunder, any person dissatisfied with such determination may file a "request for appeal" upon forms provided by the Department of Transportation. (2) The Relocation appeal process and hearing concerning the determination of eligibility or amount of payment shall be conducted as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.310 to 183.550. (3) Optional Reconsideration Conference. Within 60 days of a final determination granting or denying eligibility for a Relocation payment or of an amount of payment under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 (P.L. 91-946) and any regulations adopted thereunder, a person dissatisfied with such final determination may petition for a “reconsideration conference” upon forms provided by the Department of Transportation. A reconsideration conference is an optional process, which must be agreed to by both the claimant and the Department of Transportation, that occurs prior to the formal appeal process identified in (1) and (2) and is an opportunity for a claimant to provide additional relevant information that was not considered by the department or to correct factual errors and for the department to reconsider the claim with the new or corrected information. The time period to file a request for an appeal pursuant to subsection (1) of this rule shall be stayed from the date of request for a reconsideration conference until ODOT either issues a decision to decline the request for a reconsideration conference or until ODOT issues a determination after the reconsideration conference. If the claimant is dissatisfied with the revised final determination, the claimant may file an appeal pursuant to (1) above. Statutory/Other Authority: ORS 366 Statutes/Other Implemented: ORS 366.324 & PL 91-646 (Federal Law) History: HWD 2-2008, f. & cert. ef. 4-24-08 2HD 2-1982, f. & ef. 7-20-82
734-005-0005 Purpose The purpose of this administrative rule is to define the Oregon Coordinate System, consisting of three mapping projection coordinate systems that are authorized for use in the State of Oregon. Statutory/Other Authority: ORS 184.619 & Ch.179 OL 2011 Statutes/Other Implemented: ORS 209.130, 209.155, 209.250, 390.770 & Ch.179 OL 2011 History: DOD 6-2025, amend filed 12/11/2025, effective 01/01/2026 HWD 13-2011, f. 12-22-11, cert. ef. 1-1-12
734-005-0010 Oregon Coordinate Systems (1) The Oregon State Plane Coordinate System of 1927 consists of two zones of mapping projections defined by the National Geodetic Survey of the National Ocean Service, one for the Oregon North Zone and one for the Oregon South Zone. (2) The Oregon State Plane Coordinate System of 1983 consists of two zones of mapping projections defined by the National Geodetic Survey of the National Ocean Service, one for the Oregon North Zone and one for the Oregon South Zone. (3) The Oregon Coordinate Reference System consists of multiple zones developed by an Oregon Department of Transportation committee of private and public land surveying, geographic information system, academic professionals and National Geodetic Survey (NGS) to define a system of low distortion mapping projections wherein distances computed between points on the grid plane will represent the distances measured between the same points on the ground within published zone tolerances. (a) OCRS 1983 (b) OCRS 2022 Statutory/Other Authority: ORS 184.619 & Ch.179 OL 2011 Statutes/Other Implemented: ORS 209.130, 209.155, 209.250, 390.770 & Ch.179 OL 2011 History: DOD 6-2025, amend filed 12/11/2025, effective 01/01/2026 HWD 13-2011, f. 12-22-11, cert. ef. 1-1-12
734-005-0015 Coordinate System Parameters (1) Oregon State Plane Coordinate System Of 1927 (a) North Zone: (b) South Zone: (2) Oregon State Plane Coordinate System Of 1983 (a) North Zone; (b) South Zone: (3) Oregon Coordinate Reference System Zones. (a) OCRS1983 (A) Baker Zone: (B) Bend-Burns Zone: (former name: Bend-Vale Zone): (C) Bend-Klamath Falls Zone: (D) Bend-Redmond-Prineville Zone: (E) Burns-Harper Zone: (F) Canyon City-Burns Zone: (G) Canyonville-Grants Pass Zone: (H) Coast Range North Zone: (I) Columbia River East Zone: (J) Columbia River West Zone: (K) Cottage Grove-Canyonville Zone: (L) Dayville-Prairie City Zone: (M) Denio-Burns Zone: (N) Dufur-Madras Zone: (O) Eugene Zone: (P) Grants Pass-Ashland Zone: (Q) Gresham-Warm Springs Zone: (R) Halfway Zone: (S) La Grande Zone: (T) Medford-Diamond Lake Zone: (U) Mitchell Zone: (V) North Central Zone: (W) Ochoco Summit Zone: (X) Ontario Zone: (Y) Oregon Coast Zone: (Z) Owyhee Zone: (AA) Pendleton Zone: (BB) Pendleton-La Grande Zone: (CC) Pilot Rock-Ukiah Zone: (DD) Portland Zone: (EE) Prairie City-Brogan Zone: (FF) Riley-Lakeview Zone: (GG) Salem Zone: (HH) Santiam Pass Zone (former name: Sweet Home-Sisters Zone): (II) Siskiyou Pass Zone: (JJ) Ukiah-Fox Zone: (KK) Wallowa Zone: (LL) Warner Highway Zone: (MM) Willamette Pass Zone: (NN) Oregon Lambert Zone (b) OCRS 2022 (A) Statewide 2022 Zone: (B) Baker 2022 Zone: (C) Bend-Burns 2022 Zone: (D) Bend-Klamath Falls 2022 Zone: (E) Bend-Redmond-Prineville 2022 Zone: (F) Burns-Harper 2022 Zone: (G) Canyon City-Burns 2022 Zone: (H) Canyonville-Grants Pass 2022 Zone: (I) Coast Range North 2022 Zone: (J) Columbia River East 2022 Zone: (K) Columbia River West 2022 Zone: (L) Cottage Grove-Canyonville 2022 Zone: (M) Dayville-Prairie City 2022 Zone: (N) Denio-Burns 2022 Zone: (O) Dufur-Madras 2022 Zone: (P) Eugene 2022 Zone: (Q) Grants Pass-Ashland 2022 Zone: (R) Gresham-Warm Springs 2022 Zone: (S) Halfway 2022 Zone: (T) La Grande 2022 Zone: (U) Medford-Diamond Lake 2022 Zone: (V) Mitchell 2022 Zone: (W) North Central 2022 Zone: (X) Ochoco Summit 2022 Zone: (Y) Ontario 2022 Zone: (Z) Oregon Coast 2022 Zone: (AA) Owyhee 2022 Zone: (BB) Pendleton 2022 Zone: (CC) Pendleton-La Grande 2022 Zone: (DD) Pilot Rock-Ukiah 2022 Zone: (EE) Portland 2022 Zone: (FF) Prairie City-Brogan 2022 Zone: (GG) Riley-Lakeview 2022 Zone: (HH) Salem 2022 Zone: (II) Santiam Pass 2022 Zone: (JJ) Siskiyou Pass 2022 Zone: (KK) Ukiah-Fox 2022 Zone: (LL) Wallowa 2022 Zone: (MM) Warner Highway 2022 Zone: (NN) Willamette Pass 2022 Zone: [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.619 & Ch.179 OL 2011 Statutes/Other Implemented: ORS 209.130, 209.155, 209.250, 390.770 & Ch.179 OL 2011 History: DOD 6-2025, amend filed 12/11/2025, effective 01/01/2026 HWD 5-2016, f. & cert. ef. 12-16-16 HWD 13-2011, f. 12-22-11, cert. ef. 1-1-12
734-010-0285 Definitions The following definitions apply to terms used in OAR 734-010-0290 to OAR 734-010-0380: (1) “Authorized contractor representative” means the person authorized by the contractor to sign the prime contractor performance evaluation. (2) “CAE” means ODOT’s Contract Administration Engineer. (3) “Contract” means public improvement contracts, as defined in ORS 279A.010(1)(bb), awarded by the Oregon Department of Transportation under authority of ORS 279A.050 and 366.205. (4) “Contractor” means the individual or legal entity that has entered into a contract with ODOT. (5) “CPM” means the Construction Project Manager who represents ODOT on the contract. The CPM may be an ODOT employee, local government representative, or consultant employed by ODOT or a local government. (6) “DAS” means Oregon Department of Administrative Services. (7) “Date of Second Notification” means the date on which required construction work, including change order work and extra work, has been satisfactorily completed, except for minor corrective work, and the recording of daily time charges cease. (8) “Notice to Proceed” means written notice from ODOT authorizing the contractor to begin the work. (9) “Occurrence” means each time a category or project total score falls within Performance Level 2 or Performance Level 3 on any performance evaluation. (10) “ODOT” means the Oregon Department of Transportation. (11) “OPO” means the ODOT Procurement Office. (12) “Performance Level 1” is a performance evaluation range in which all of the scores on the performance evaluation set out under this rule fall into the acceptable category and do not require any corrective actions. (13) “Performance Level 2” is a performance evaluation range designating a performance evaluation that has one or more scores that have fallen below Performance Level 1 and requires some level of corrective action depending on the cumulative number of occurrences on all contracts within a 36-month period. (14) “Performance Level 3” is a performance evaluation range designating a performance evaluation that has one or more scores below the ranges set in Performance Level 2 and requires a higher level of corrective action beyond those required for Performance Level 2 depending on the cumulative number of occurrences on all contracts within a 36-month period. (15) “SCME” means ODOT’s State Construction and Materials Engineer. (16) “Suspension” means action taken by ODOT to temporarily suspend a contractor's prequalification for a specified period of time. (17) “Verifiable Receipt” means confirmation of receipt of email, facsimile or certified mail. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16
734-010-0290 Contractor Performance Evaluations (1) This rule applies to contractors who must be prequalified to bid on ODOT contracts. (2) Contractors who enter into contracts with ODOT shall have their performance evaluated on each contract. The evaluation will be scored on the basis of a numeric score and on an evaluation form provided by ODOT. (3) The CPM shall complete the evaluation using the current version of ODOT Form 734-2884, “Prime Contractor Performance Evaluation.” The form will also include a Contractor Evaluation Submittal page to document the results of the evaluation process. (4) Contractor performance will be evaluated under five categories: management, safety, administration, regulatory compliance, and workforce and small business equity programs and on a total score of these five categories. (5) The evaluation shall be conducted as follows: (a) If the duration of a contract is 12 months or less, the CPM will complete one evaluation within 60 days of date of Second Notification for the contract; or (b) If the duration of a contract is over 12 months, the CPM will complete an evaluation within 30 days of the anniversary date of the Notice to Proceed. In addition to annual evaluations, the CPM will complete an evaluation within 60 days of the date of Second Notification for the contract. (6) Evaluations are valid for 36 months for purposes of determining the number of occurrences at Performance Level 2 or 3. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 12-2012, f. & cert. ef. 11-21-12 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0300 Scoring Contractor Performance Evaluation (1) Each evaluation will result in six numeric scores. Scores will be assessed for each of the five specific performance categories, as well as an overall score. The overall score is a total amount of all five of the category scores. The evaluation scoring shall be conducted as follows: (a) If the duration of a contract is 12 months or less, the CPM will score the evaluation for the entire duration of the project, or (b) If the duration of a contract is over 12 months, the CPM will score the evaluation for the preceding year within 30 days of the anniversary date of the Notice to Proceed. The scores shall reflect only that time period and will not be a cumulative score for the project duration. The final evaluation shall be prepared within 60 days of the date of Second Notification and will reflect only that time period between the latest annual evaluation and the date of Second Notification. (2) After the evaluation score has been calculated, the CPM will send the evaluation score by email, facsimile or certified mail to the authorized contractor representative. Within 14 days of the date of verifiable receipt of the evaluation, the contractor’s authorized representative may sign and return the evaluation to the ODOT CPM or schedule a meeting with the CPM to review the evaluation. Signature and return of the form represents the contractor’s acceptance of the evaluation. (3) At the Review or Mandatory meeting with the CPM, the consequences and corrective actions should be discussed, in an effort to improve contractor performance on future projects and prevent future scores from falling into Performance Level 2 or 3. (a) If an authorized contractor representative refuses to sign the evaluation form within 14 days of verifiable receipt or within 7 days following the meeting with the CPM, the CPM will sign and date the evaluation, note in the contractor’s signature area “did not respond,” and transmit a copy to the SCME. (b) Following a Review meeting with the CPM, the authorized contractor representative may sign the evaluation or request an Appeal meeting with the CAE. The request for an Appeal meeting must be made within 7 days after the Review meeting with the CPM. (c) If the contractor does not sign the form following the Review meeting with the CPM and does not request an appeal meeting with the CAE within 7 days after the review meeting with the CPM, the score is final and no appeal to the CAE for that evaluation shall be available. (4) ODOT’s Construction Section will forward the final evaluation to the authorized contractor representative by email, facsimile or certified mail with verifiable receipt indicating the date score became final. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 12-2012, f. & cert. ef. 11-21-12 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0330 Corrective Action Plan (1) The purpose of the corrective action plan and the meeting with the SCME is to help the contractor improve performance, project delivery, and avoid low ratings in the future. The tables shown in OAR 734-010-0320 identify remedial actions based on the number of occurrences using cumulative category and total project scores for 36 months on all evaluations on all contracts. If a contractor’s performance requires submission and approval of a corrective action plan, the SCME will notify the contractor in writing. (a) The authorized contractor representative must contact the SCME within 14 days of verifiable receipt of notice from the SCME to schedule a meeting to present a written corrective action plan. The parties must meet within 21 days of the date the contractor’s representative contacts the SCME or within an otherwise agreed timeframe. (b) The contractor will be allowed to bid and receive award for any proposal submitted until the parties meet within 21 days or otherwise agreed timeframe. (c) After the 21 days or otherwise agreed timeframe has expired, if the contractor has not presented a corrective action plan acceptable to the SCME, the contractor will not be allowed to bid or receive award again until a corrective action plan has been submitted and approved by the SCME. (2)(a) If a contractor’s evaluation score requires suspension of the contractor's prequalification, a written corrective action plan must be submitted to and approved by the SCME no later than 30 days prior to the end of the prequalification suspension period. (b) If the corrective action plan is not submitted and approved by the SCME at least 30 days prior to the end of suspension, the contractor’s prequalification will remain suspended until the corrective action plan is approved by the SCME. (3) When the SCME approves the corrective action plan submitted by the contractor, the SCME shall notify by verifiable receipt the authorized contractor representative and the OPO Construction Contracts Manager. (4) The OPO Construction Contracts Manager will notify by verifiable receipt the authorized contractor representative, once the contractor’s prequalification is reinstated. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 12-2012, f. & cert. ef. 11-21-12 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0340 Notification of Suspension from Bidding (1) The SCME will notify OPO’s Construction Contracts Manager when a contractor's evaluation scores result in suspension of pre-qualification. (2) The OPO Construction Contracts Manager will notify by verifiable receipt the authorized contractor representative that its score has fallen below an acceptable level and that its prequalification has been suspended. (3) The contractor may appeal a suspension through DAS by requesting a DAS appeal within 7 days of receipt of the suspension notice, as specified in OAR 734-010-0380. (4) In all cases, any notification of suspension and reinstatement shall be made in writing and sent to the authorized contractor representative by the OPO Construction Contracts Manager. (5) The effective date of a suspension will be: (a) 10 days after the date of the OPO Construction Contracts Manager’s notification; or (b) 10 days after the date any appeal becomes final when the decision to suspend is upheld by DAS. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 12-2012, f. & cert. ef. 11-21-12 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05