justicedao/ipfs_state_laws huggingface dataset:
856-025-0050 Financial Reports (1) Effective for 2018, and continuing on a biennial basis thereafter, each Oregon pilot organization shall submit to the Board a Special Purpose Financial Statement (SPFS). A Review will be performed on SPFS by an independent certified public accountant who will prepare an Independent Accountant’s Review Report to accompany the financial statements presented to the Board. (2) Each Oregon pilot organization’s 2018 SPFS shall be submitted to the Board no later than May 31, 2019 and shall include all relevant financial data from 2018. (3) Every subsequent biennial SPFS from each Oregon pilot organization shall be submitted to the Board no later than May 31st of the year it is due. Each biennial SPFS shall include all relevant financial data from the two calendar years since the last SPFS reporting period (e.g., the 2019-2020 SPFS, to be submitted no later than May 31, 2021, shall include all relevant financial data from 2019 and 2020). (4) The relevant financial data for each SPFS shall include the pilot organization’s income and expenses in the following categories: (a) Gross Pilotage Revenue. For the purpose of this rule, gross pilotage revenue is the total cash basis revenue from pilotage for a pilotage ground; (b) Operating expenses, as authorized by the current, applicable rate order; (c) Payments to retirees and retiree spousal payments; (d) Pilot continued professional development expenses; (e) Pilot expense reimbursement, as authorized by the current, applicable rate order; (f) Oregon Board of Maritime Pilots Operations fee; (g) Total Cash Available for Distribution. For the purpose of this rule, Total Cash Available for Distribution is the gross pilotage revenue for the pilotage ground less categories (4)(b) through (f) of this rule. (h) Pilot pension expenses or allowances; (i) Pilot medical insurance expenses or allowances; (j) Pilot disability and life insurance expenses or allowances; (k) Pilot sick leave expenses or allowances; (l) Pilot equipment expense or allowances; (m) Net Cash Available for Distribution. For the purpose of this rule, net cash available for distribution is the total cash available for distribution less categories (4)(h) to (L) of this rule; and (n) Net Cash Available for Distribution Per Pilot. Net Cash Available for Distribution Per Pilot shall be derived from net cash available for distribution, divided by the number of pilots licensed for that ground annualized per calendar year. (5) The data required in subsection (4) of this rule must be submitted in the format, and include all and only the details, as set forth in Appendix A, “Income and Expense Statement.” (6) This rule does not include or require financial reporting related to the transportation system serving the Columbia River Bar pilotage ground, which shall remain subject to the annual Transportation Oversight Committee process administered by the Oregon Board of Maritime Pilots pursuant to OAR 856-030-0040. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 776.115 History: BMP 27-2018, adopt filed 11/14/2018, effective 11/14/2018
856-025-0055 Periodic Tariff Review Process (1) On a biennial basis beginning in 2019, the Board shall conduct a review of the current tariff in effect for the prior 24 months for all pilotage grounds. (2) The tariff review shall include a reading by all Board members of: (a) Pilot Organization financial reports as specified in OAR 856-025-0050; and (b) The Board’s previous year’s Annual Report. (3) The tariff review shall include the Board making available to the public: (a) Pilot Organization financial reports as specified in OAR 856-025-0050; (b) A notation of the current target net pilot income, as adjusted pursuant to any automatic adjustments ordered, in a cover letter. (4) The tariff review shall not include Board commentary, inquiry, or analysis. (5) The tariff review shall not include tariff adjustments based on approved capital improvements or expenses authorized by the Transportation Oversight Committee. Statutory/Other Authority: ORS 776.115; ORS 776.115(7) Statutes/Other Implemented: ORS 776.115; ORS 776.115(7) History: BMP 4-2019, adopt filed 03/25/2019, effective 03/26/2019
856-030-0000 Ratemaking — Substantive Elements The Board shall for each pilotage ground, establish a rate structure that provides for efficient, economical, and competent pilotage services and fair compensation for pilotage services and expenses: (1) In determining the number of pilot positions needed and fair compensation for services and expenses, the Board shall consider: (a) The amount of activity, including number of vessels, number of pilot assignments, size of vessels by gross registered tonnage (GRT), length, and draft; (b) Any change in the amount of activity since the last rate order; (c) The public interest in prompt and efficient service; (d) The professional skills and experience required of a pilot and the difficulty and inconvenience of providing the service, including time necessary to perform the service; (e) Evidence of compensation for comparable maritime professions, including other state regulated pilotage associations; (f) Evidence of the economic and market conditions existing both locally and within the region of any pilotage association used for the purpose of comparison; (g) Total gross and net income for the pilots’ group since the last rate order, or as directed by the Board, including sources of income by tariff category; and (h) Individual amounts paid to pilots since the last rate order, or as directed by the Board, which may be shown as both gross and adjusted gross income, as reported for tax purposes. (2) For the purposes of subsection (1)(e) above, the Board shall at a minimum consider evidence of the compensation and benefits provided to pilots in pilotage associations serving Puget Sound and San Francisco. (3) In determining compensation for expenses the Board shall consider evidence of appropriate expenses related to the provision of pilotage services as shown by records of the pilots’ group, and verified by an independent audit. (4) In receiving evidence on any financial or economic issue, the Board or its hearings officer may require parties to submit independently audited or other financial records in order to hold all parties to a comparable standard of proof. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 1-2012, f. & cert. ef. 5-29-12 BMP 3-2003, f. & cert. ef. 5-23-03 MP 3-1988, f. & cert. ef. 11-9-88 MP 2-1983, f. & ef. 12-15-83
856-030-0001 Capital Improvement Planning (1) A pilot organization that intends to seek funding through pilotage rates at the next available ratemaking opportunity for reimbursement of the cost of a proposed major capital improvement is encouraged to notify the Board as soon as practicable. A "major capital improvement" is a change in an asset used for or in support of transportation, offices, accommodations, computing or communications that, if funded, would require an increase in revenue produced by rates of five (5) percent or more in the next rate case. Repairs to or maintenance of a transportation asset is not a "change in" that asset. (2) If a pilot organization notifies the Board of a proposed major capital improvement, the Board shall make time on its agenda for one or more of its regularly scheduled meetings for the presentation of information by the pilot organization and discussion of the proposed major capital improvement. The Board may, in addition, appoint a subcommittee of its members to meet with the organization of pilots and other interested parties to evaluate the proposed major capital improvement. (3) A pilot organization choosing not to utilize the opportunity for Board planning participation provided by this section shall, when filing its pre-petition notice as required by section 856-030-0002, explain its reasons for not doing so. (4) Major capital improvement expenses shall be submitted to the process provided by this section unless the proponent shows that compliance was prevented by reasons beyond its control and which the proponent could not have reasonably anticipated, or other circumstances make exclusion of the request for major capital improvement funding unjust. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115 History: BMP 7-2024, minor correction filed 04/09/2024, effective 04/09/2024 BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022 BMP 3-2003, f. & cert. ef. 5-23-03
856-030-0002 Pre-Petition Notice (1) Any party intending to request a change in pilotage rates must, at least 90 days prior to petitioning the Board, file a notice of intent to petition with the Board, with a copy served on each pilot association, any association representing the interests of vessel owners or operators and any other party that participated in the most recent past rate proceedings. The notice shall contain an explanation of the proposed change, including a description of each new cost item not previously approved by the Board in a rate proceeding, any increase in a cost item previously approved by the Board where the increase is greater than five (5) percent over the amount expended during the prior calendar year, and any requested change in pilot compensation and benefits. (2) Within 20 days after receipt of the first-filed notice of intent to petition, any other pilot association, any association representing the interests of vessel owners or operators, and any port within Oregon State pilotage grounds, may file their response to the notice, including a description of any intended opposition, intent to participate in the rate hearing without opposition, or notice of intent to petition for a change on another pilotage ground. (3) If no party files an intent to oppose within 20 days under section two (2) of this rule, the Board may, in its discretion, waive up to 70 days of the pre-petition notice period. Statutory/Other Authority: ORS 776 & 183 Statutes/Other Implemented: ORS 776.115, 776.183 & 183.415 History: BMP 8-2024, minor correction filed 04/09/2024, effective 04/09/2024 BMP 3-2023, amend filed 03/10/2023, effective 03/10/2023 BMP 5-2008, f. & cert. ef. 4-28-08 BMP 3-2003, f. & cert. ef. 5-23-03
856-030-0015 Conduct of the Hearing (1) The hearing shall be conducted in accordance with ORS 183.425 to 183.464 and the Attorney General's Model Rules. (2) If the hearings officer believes that additional evidence or written argument is necessary to complete the record, the officer may allow additional time for the presentation of further evidence on specific issues designated by the officer or for submission of written arguments. No further evidence or argument shall be received without notice to all parties or later than 10 days after the oral hearing. Any party presenting such evidence or argument shall provide copies to all parties. (3) The hearings officer shall submit the officer's proposed order to the Board and to all parties within 30 days after the close of the hearing. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 183.425 & 776.115 History: BMP 3-2003, f. & cert. ef. 5-23-03 MP 1-1996, f. & cert. ef. 5-9-96 MP 2-1984, f. & cert. ef. 10-4-84, Renumbered from 856-020-0120 MP 2-1983, f. & cert. ef. 12-15-83 PC 9, f. & cert. ef. 11-12-76 PC 6-1972, f. 6-2-72, cert. ef. 6-15-72
856-030-0020 Proposed Orders (1) In any case heard under division 030, Ratemaking Procedures, the hearings officer shall prepare and serve on all members of the Board, and on all parties to the hearing, a proposed order which includes recommended findings of fact and conclusions of law. (2) Any party to the proceeding may file written exceptions to the proposed order with the Board. Written exceptions may include arguments about the hearing officer's findings of fact based on the record, the hearing officer's legal analysis, and the hearing officer's conclusions and recommendations. No new facts or evidence may be introduced, and the Board will not consider any new facts or evidence. Any written exceptions must be filed within 15 days of the date the proposed order is issued. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 183.464 & ORS 776.115 History: BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022 BMP 3-2003, f. & cert. ef. 5-23-03 MP 3-1988, f. & cert. ef. 11-9-88 MP 2-1984, f. & cert. ef. 10-4-84, Renumbered from 856-020-0125 MP 2-1983, f. & cert. ef. 12-15-83 PC 6-1972, f. 6-2-72, cert. ef. 6-15-72
856-030-0025 Final Orders (1) Every final order entered in a proceeding under division 30, Ratemaking Procedures, shall be in writing and shall be accompanied by findings of fact and conclusions of law, and by a citation of the statutes under which the order may be appealed. (2) The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order. (3) Unless the Board determines that rehearing is necessary, the Board shall vote on issuing an amended proposed order or a final order at its next or second meeting after the time for filing exceptions has run. On a proceeding held under OAR 856-030-0010, the final order shall be effective on the date issued or the second anniversary date of the previous rate order, whichever is later. (4) The Board shall determine the costs of the proceedings and assess such costs equitably among the parties involved as part of the final order. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 183.470 & ORS 776.115 History: BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022 MP 2-1984, f. & ef. 10-4-84, Renumbered from 856-020-0130 MP 2-1983, f. & ef. 12-15-83 PC 6, f. 6-2-72, ef. 6-15-72
856-030-0030 Notification of Orders The Board shall mail, by regular first class mail with a certificate of service, a copy of the final order and accompanying findings and conclusions to each party to the proceeding and, if applicable, to the party’s attorney of record. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 183.470 History: BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022 MP 2-1984, f. & ef. 10-4-84, Renumbered from 856-020-0135 MP 2-1983, f. & ef. 12-15-83 PC 6, f. 6-2-72, ef. 6-15-72
856-030-0035 Pilotage Fee Waiver Notwithstanding the terms of any applicable rate order, the Board may, in its discretion and upon the application of any pilot or pilots, permit the requesting pilot or pilots to waive all or part of any pilotage fees that would otherwise be due from a vessel, provided that: (1) The waiver is sought for a noncommercial vessel. (2) The application is in writing; is made in advance of pilotage services being rendered; and states the nature of the vessel and the reasons why the waiver should be granted. (3) The Board may grant a waiver only upon a finding that it would be in the public interest to do so. Statutory/Other Authority: ORS 776 Statutes/Other Implemented: ORS 776.115(7) History: MP 1-1995, f. & cert. ef. 1-13-95 MP 1-1994(Temp), f. 7-29-94, cert. ef. 8-1-94
856-030-0045 Rates in Coos Bay and Yaquina Bay for Vessels in an Emergency Regular rates set by the current rate order shall be used for a vessel in an emergency under ORS 776.600(1)(b). Statutory/Other Authority: ORS 776.115 & ORS 776.600 Statutes/Other Implemented: ORS 776.115(7) & ORS 776.600(1)(b) History: BMP 2-2022, amend filed 07/21/2022, effective 07/21/2022 BMP 1-2013, f. 1-29-13, cert. ef. 1-31-13
858-010-0002 Guidelines for Supervising Technicians A licensee may delegate administration and scoring of tests to technicians as provided in ORS 675.010(4) if the licensee ensures the technicians are adequately trained to administer and score the specific test being used; and ensures that the technicians maintain standards for the testing environment and testing administration as set forth in the American Psychological Association Standards for Educational and Psychological Tests (1999) and Ethical Principles for Psychologists (2002). Statutory/Other Authority: ORS 675.010 - 675.150 Statutes/Other Implemented: ORS 675.010 History: BPE 3-2011, f. & cert. ef. 9-27-11 BPE 2-2004, f. & cert. ef. 8-30-04
858-010-0003 Psychology Practice in Oregon A person practices psychology in Oregon if: (1) The person renders or offers to render supervision, consultation, evaluation, or therapy services to an individual located in Oregon, or to a group or organization which includes an individual located in Oregon, regardless of whether the services are rendered, or offered to be rendered, in-person or by telephone, virtual means, or other remote communications technology; or (2) The person represents to an individual located in Oregon that the person is a psychologist, regardless of whether that representation is targeted to the individual or made generally. Statutory/Other Authority: ORS 675.110(19) Statutes/Other Implemented: ORS 675.020(1) History: OBP 3-2023, adopt filed 09/11/2023, effective 09/11/2023
858-010-0007 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of a permanent rule, the Board of Psychology shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin pursuant to ORS 183.360; (2) By mailing or emailing a copy of the notice to individuals on the Board's mailing list established pursuant to ORS 183.335(8); (3) By mailing or emailing a copy of the notice to the following individuals, organizations, or publications: (a) All licensees of the Board; (b) Oregon Psychological Association; and (c) All applicants for licensure. (4) Prior to the adoption, amendment, or repeal of any rule of the Board relating to continuing education, the Board shall additionally mail a copy of the notice to the State Higher Education Coordinating Commission. Statutory/Other Authority: ORS 675.010 - 675.150 Statutes/Other Implemented: ORS 675.110 History: OBP 4-2018, minor correction filed 10/09/2018, effective 10/09/2018 BPE 1-2016, f. & cert. ef. 2-1-16 BPE 1-2011, f. & cert. ef. 1-25-11 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10 BPE 1-2008, f. & cert. ef. 3-26-08 BPE 2-2004, f. & cert. ef. 8-30-04 BPE 2-2002, f. & cert. ef. 2-27-02 BPE 1-2001(Temp), f. & cert. ef. 8-31-01 thru 2-27-02 PE 1-1996, f. & cert. ef. 6-25-96 PE 4-1993, f. & cert. ef. 7-19-93 PE 2-1991, f. 8-15-91, cert. ef. 8-16-91 PE 1-1990, f. & cert. ef. 2-16-90 PE 13, f. & ef. 9-15-76
858-010-0012 Practicum (1) The degree program required in OAR 858-010-0010 must include an organized practicum of at least two semesters (or three quarters) and at least 300 hours of supervised psychological services as defined in OAR 858-010-0036(1)(b). (2) Supervision must include the following: (a) Discussion of services provided by the student; (b) Selection of service plan for and review of each case or work unit of the student; (c) Discussion of and instruction in theoretical concepts underlying the work; (d) Discussion of the management of professional practice and other administrative or business issues; (e) Evaluation of the supervisory process by the student and the supervisor; (f) Discussion of coordination of services among the professionals involved in the particular cases or work units; (g) Discussion of relevant state laws and rules; (h) Discussion of ethical principles including principles applicable to the work; (i) Review of standards for providers of psychological services; and (j) Discussion of reading materials relevant to cases, ethical issues and the supervisory process. Statutory/Other Authority: ORS 675.010 - 675.150 Statutes/Other Implemented: ORS 675.030 & 675.110 History: OBP 5-2021, amend filed 09/22/2021, effective 01/01/2022 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 2-2012, f. & cert. ef. 6-8-12 BPE 1-2012(Temp), f. & cert. ef. 2-15-12 thru 8-12-12 BPE 3-2011, f. & cert. ef. 9-27-11
858-010-0013 Internship (1) Applicants must successfully complete an organized internship as part of the degree program required in OAR 858-010-0010. (2) The internship must include at least 1,500 hours of supervised experience and be completed within twenty-four months. (3) The internship program must meet the following requirements: (a) The internship must have a written statement or brochure describing the goals and content of the internship, stating clear expectations and quality of student work, and made available to prospective interns. (b) A psychologist licensed by the appropriate state or provincial licensing authority must be clearly designated as responsible for the integrity and quality of the internship program. (c) Interns must use titles indicating their training status. (d) The internship must be designed to provide a planned sequence of training experiences focusing on breadth and quality of training. Supervision and training related to ethics must be ongoing. (e) At least twenty-five percent of the internship experience must be in direct client contact providing assessment and intervention services. (f) For every 40 hours of internship experience, the student must receive: (A) At least 2 hours of regularly scheduled, formal, one-on-one individual supervision that addresses the direct psychological services provided by the intern; and (B) At least 2 hours of other learning activities such as case conferences, seminars on applied issues, conducting co-therapy with a staff person including discussion of the case, and group supervision. (4) Supervision of the internship experience. (a) The internship setting must have two or more psychologists available as supervisors, at least one of whom is licensed as a psychologist. (b) The internship experience must be supervised by the person(s) responsible for the assigned casework. (c) At least seventy-five percent of the supervision must be by a licensed psychologist with two years post-license experience. Statutory/Other Authority: ORS 675.010 - 675.150 Statutes/Other Implemented: ORS 675.030 & 675.110 History: OBP 3-2023, amend filed 09/11/2023, effective 09/11/2023 OBP 1-2022, amend filed 01/19/2022, effective 01/19/2022 OBP 5-2021, amend filed 09/22/2021, effective 01/01/2022 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 2-2012, f. & cert. ef. 6-8-12 BPE 1-2012(Temp), f. & cert. ef. 2-15-12 thru 8-12-12 BPE 3-2011, f. & cert. ef. 9-27-11
858-010-0016 Standard Application Procedure (1) Filing of Applications. Applicants must submit a complete application for licensure to the Board. The Board shall process each submitted application to determine if the application file is ready for review. Applications are considered ready for review for completeness when the following items have been received: (a) Final graduate level transcript(s) imprinted with date degree was awarded; (b) Reference forms; (c) Social Security Number Authorization form; (d) For non-APA accredited schools only: (A) University Accreditation form; (B) Educational Record in Psychology form; and (C) Verification of pre-degree supervised work. (e) Verification of post-degree supervised work experience (if completed); (f) National written examination (EPPP) score (if taken); (g) Verification of licensure in good standing in other states (if any); (h) Application fee; (i) Fingerprinting fee and results of the criminal background check; and (j) Other clarifying information requested by the Board. (2) The Board may issue a license if the candidate for licensure: (a) Meets the education requirements of OAR 858-010-0010; (b) Completes the supervised work experience requirements of OAR 858-010-0036 or 858-010-0037. (c) Passes the national written examination (EPPP); and (d) Passes the Oregon Jurisprudence Examination. Statutory/Other Authority: ORS 675.030 Statutes/Other Implemented: ORS 675.030(1)(a), (b), (c), (d), (e) & (2) History: OBP 5-2021, amend filed 09/22/2021, effective 01/01/2022 BPE 3-2013, f. & cert. ef. 9-30-13 BPE 1-2013, f. & cert. ef. 2-5-13 BPE 6-2012(Temp), f. & cert. ef. 11-20-12 thru 4-13-13 BPE 2-2012, f. & cert. ef. 6-8-12 BPE 1-2012(Temp), f. & cert. ef. 2-15-12 thru 8-12-12 BPE 3-2011, f. & cert. ef. 9-27-11 BPE 2-2011, f. & cert. ef. 5-31-11 BPE 2-2010, f. & cert. ef. 9-28-10 BPE 1-2010, f. & cert. ef. 1-8-10