justicedao/ipfs_state_laws huggingface dataset:
603-042-0035 Procedures for Inspection or Copying of Public Records (1) Requests for inspection or copying of public records must be made either in person or in writing and directed to the Administrator of the commission to which the request is directed. E-mails are not an acceptable form of writing. All requests shall be made at or delivered to the offices of the commission to which the request is directed. Commission addresses are available from the Department of Agriculture, Agricultural Development and Marketing Division located at 1207 NW Naito Parkway, Suite 104, Portland, OR 97209-2832. Requests made in person shall be made between the hours of 8:30 a.m. to 11:30 a.m. and 1:30 p.m. to 4:30 p.m. Monday through Friday of each week except holidays and depending upon staff availability. Requests made in writing shall be acknowledged by the commission to which they are directed and the commission will specify the time and place the requested records will be available for inspection or copying. (2) Requests for inspection or copying of public records that would result in any of the following shall only be accepted if made in writing: (a) If the Commission is required to search for, collect, examine, or sort voluminous and separate records or documents in order to comply with such request; or (b) If the Commission is required to consult with another public body or agency having any interest in the propriety of such request. Statutory/Other Authority: ORS 183 & 576 Statutes/Other Implemented: ORS 192 & 576 History: DOA 11-2000, f. & cert. ef. 4-18-00
603-042-0040 Procedures for Obtaining Copies of Public Records (1) Requests for certified or other types of copies of public records shall only be made in writing and shall include a reasonably specific description of the particular record copy requested, i.e., the type of document, the subject matter, the approximate document date, and the name of the firm or person identified in the document (if pertinent). (2) Subject to the provisions of OAR 603-042-0050, requested copies of public records shall be submitted to the requestor within a reasonable time following receipt of the request. If the request will require more than 30 days to respond to, the commission will notify the requester of such fact within 31 days of receipt of the request. Statutory/Other Authority: ORS 183 & 576 Statutes/Other Implemented: ORS 192 & 576 History: DOA 11-2000, f. & cert. ef. 4-18-00
603-042-0045 Fees for Public Record Request (1) As provided by ORS 192.440(3), the following fees are established for all public record requests: (a) Record search: Per hour — $20 with a minimum charge of $5.00; (b) Copies: Per page (all duplication processes) — $.25; (c) Certification: Per certificate — $2.50. (2) If the request appears to require 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. Should such be $25 or more, the requestor shall be notified of such prior to the commission complying with such request. (3) A requestor shall pay the applicable fees to the commission prior to or at the time the commission complies with a request. No refund of fees shall be made. If the commission notifies a requestor of estimated or determined fees in excess of $25, as provided in section (2) of this rule, the requestor shall upon commission’s request, pay a deposit of such estimated or determined fee prior to the commission complying with such request. (4) No fees shall be assessed to other governmental agencies or offices. Statutory/Other Authority: ORS 183, 192 & 576 Statutes/Other Implemented: ORS 192 & 576 History: DOA 11-2000, f. & cert. ef. 4-18-00
603-042-0050 Noncompliance with Requests (1) If a request received by the commission has been submitted erroneously, in that the commission has no public records relating to the request, the request shall be returned to the requestor with any information concerning the appropriate agency to be contacted. (2) If a commission determines that all or any part of a public record is exempt from disclosure and will not be disclosed, the commission shall notify the requester of such fact, the public record(s) or part(s) thereof that will not be disclosed, the reasons therefor and the right of the requester to petition the Attorney General for review. (3) In determining whether all or any part of a public record is exempt from disclosure, a commission shall consider: (a) Public record exemptions specified in ORS 192.501 and 192.502; (b) Public record exemptions specified in applicable federal laws or regulations; (c) Public record exemptions specified in other applicable Oregon law; (d) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record. Statutory/Other Authority: ORS 183 & 576 Statutes/Other Implemented: ORS 192 & 576 History: DOA 11-2000, f. & cert. ef. 4-18-00
603-042-0060 Assessment Collection Procedures (1) In the event of delinquent assessments or imposition of penalties, when the assessment amount is known, a commodity commission: (a) Shall send a demand letter immediately following the assessment due date. The demand letter shall include: (A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250; (B) The amount of assessments and penalties owed; and (C) A procedure for requesting reconsideration. A commission may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year. (b) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter. (2) In the event of delinquent assessments or imposition of penalties, when the amount is unknown, the process shall be as follows: (a) A commodity commission shall, immediately following the assessment due date, send a notice of non-payment letter to persons from which assessment payments may be expected. The non-payment letter shall include: (A) A statement that the recipient may be subject to penalties for late payment, if assessments are owed; and (B) a statement that the commission may inspect and audit records to determine the amount of assessments due to the commission. An audit will be conducted at the handler or producer’s place of business. No person may refuse to permit an inspection and audit. (b) If the amount owed is determined but the assessment or any accrued penalties remain unpaid, a commodity commission shall send a demand letter requesting payment. As applicable, the demand letter shall include: (A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250; (B) The amount of assessments and penalties owed; and (C) A procedure for requesting reconsideration. A commission may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year. (c) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: DOA 32-2000, f. & cert. ef. 12-6-00 DOA 11-2000, f. & cert. ef. 4-18-00
603-042-0066 Types and subtypes of commodities to be assessed by Oregon Tall Fescue Commission For the purposes of implementing section 5 of HB 3401 (2019) and ORS 576.051(3), the Director identifies all common or named varieties of (bot.) Dactylis glomerata as subject to assessment, support and promotion by the Oregon Tall Fescue Commission. Statutory/Other Authority: ORS 576.066 (1)(e) Statutes/Other Implemented: ORS 576.051 (3) & HB 3401 (2019) History: DOA 18-2019, adopt filed 08/09/2019, effective 08/09/2019
603-043-0010 Scope and Purpose These rules establish a challenge process for those producers who dispute the amount of a commodity assessment levied against the producer pursuant to ORS 576.325(3)(a) and procedures for the affected commission to process the challenge. These rules also establish guidelines for the commission in setting their industry average unit price. Statutory/Other Authority: ORS 576.044 & 576.370 Statutes/Other Implemented: ORS 576.320 History: DOA 20-2002, f. & cert. ef. 7-26-02
603-043-0020 Definitions (1) “Reporting Period” is set by each commission by administrative rule and means the period of time no longer than one year for which a first purchaser files the assessment report and remits the assessment to the commission. Example: monthly, quarterly, annually, etc. (2) “Reporting Year” is set by each commission by administrative rule and means 12 consecutive months. Example: August 1 through July 31. (3) “Assessment Period” is set by each commission by administrative rule and means the current reporting year, or the current reporting year plus the previous one or two reporting years. It is the period producers use to challenge an assessment levied under ORS 576.325(3)(a). (4) “Limit Period” is set by each commission by administrative rule and means the most recent complete one, two, or three reporting years used by the commission in determining the industry average unit price. (5) “Arm’s-length transaction” is one in which each party is acting independently in such party’s own economic self-interest. The purest example of an arm’s length transaction is a purchase and sale between strangers in an open market or at public auction. Transactions between a cooperative and its member and transactions among affiliates would not be considered at arm’s length. Statutory/Other Authority: ORS 576.044 & 576.370 Statutes/Other Implemented: ORS 576.320 History: DOA 20-2002, f. & cert. ef. 7-26-02
603-043-0030 Industry Average Unit Price (1) Within the first 14 days of each reporting year, those commissions assessing pursuant to ORS 576.325(3)(a) must determine by commission vote an industry average unit price for the limit period. The commission must provide notice of the meeting in the same manner as for a proposed budget under ORS 576.425(3). The notice must include the proposed industry average unit price. (2) Each commission must specifically define the terms to calculate the industry average unit price for the commodity. These terms will be consistent for establishing the assessment rate. Terms to be considered are: (a) Payment Terms. Standard payment terms for cash or cash equivalents, and whether deductions for the cost of money are to be considered for extended terms. (b) Delivery Terms. Standard form of delivery, whether FOB producer’s property, receiving station, grain elevator, buyer’s plant, or other. (c) Commodity Unit. Standard for determining the common unit of measure for the commodity whether by volume, weight, units, dozens, gross, or other. (d) Commodity Characteristics. Standards for determining the classification or number of classifications of commodity units, whether by grade, variety, size, maturity or other, for which standard purchase and sale transactions will be recognized. (e) Standard Deductions. Define the standard deductions, if any, from amounts paid to producers that will apply to all commodity transactions. Statutory/Other Authority: ORS 576.044 & 576.370 Statutes/Other Implemented: ORS 576.320 History: DOA 20-2002, f. & cert. ef. 7-26-02
603-043-0040 Challenge Process (1) Any commodity producer who has paid an assessment under ORS 576.325(3)(a) may file a challenge with the commission if the total assessment levied against the producer during the assessment period established by the commission exceeds one and one-half percent of the total dollar value received by the producer for the raw commodity during that assessment period. (2) A producer may file a challenge by obtaining a Commission Assessment Challenge Form from the relevant commodity commission. The producer must file the completed Challenge Form with a US Postmark dated no later than on the 60th day following the close of the assessment period. Failure to comply with this requirement must result in an automatic denial of the challenge. (3) The commission must approve or disapprove the challenge in writing within 90 days following the deadline for the challenge. At any time before the commission issues its decision, either the commission or the challenger may request informal methods of resolution. If involved in an informal method of resolution, the 90 day period may be extended by consent of both parties. (4) If a commission approves the challenge, the commission will refund the challenger within 30 days of the date of the approval for the amount of the assessment that the challenger proves is in excess. (5) If a commission disapproves the challenge, the producer may file an action in the appropriate court. Statutory/Other Authority: ORS 576.044 & 576.370 Statutes/Other Implemented: ORS 576.320 History: DOA 20-2002, f. & cert. ef. 7-26-02
603-043-0050 Determining Commodity Prices in a Challenge (1) All prices for any method of selling the commodity reported on the Commission Assessment Challenge Form must be the same term(s) that the respective commission uses to calculate the industry average unit price and in establishing the assessment rate. (2) In addition to the Commission Assessment Challenge Form, the challenger must submit the appropriate documentation to demonstrate the price(s) received. (3) If the challenger is involved in arm’s length transactions for all or part of the challenger’s commodity production, the challenger must prove the total dollar value received by the challenger during the assessment period. (4) If the challenger is a member of a cooperative for all or part of the challenger’s commodity production, the challenger must use the economic value of the commodity as set by the cooperative’s Board of Directors. (5) If the challenger acts as a first handler or processor for all or part of the challenger’s commodity production, the challenger must prove that prices received for the production is equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year. (6) If the challenger is not involved in an arm’s length transaction for all or part of the challenger’s production, the challenger must prove that prices received for the production are equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year. (7) The total dollar value as determined pursuant to these rules is deemed to be “received by the producer” as that term is used in ORS 576.370 in the reporting year during which the commodity was delivered to the first purchaser or handler. Statutory/Other Authority: ORS 576.044 & 576.370 Statutes/Other Implemented: ORS 576.320 History: DOA 20-2002, f. & cert. ef. 7-26-02
603-045-0010 Definitions (1) “Department” means the State Department of Agriculture. (2) “Grower” means any person engaged in the business of growing or producing any produce in this state and includes any cooperative organization composed exclusively of growers and handling exclusively the produce of its own members and operating under and by virtue of the laws of this state or any other state of the United States. (3) “Elector” is synonymous with “Grower.” (4) “Handler” means a person or the agent of the person who processes produce the person has purchased or otherwise acquired in this state from a grower. (5) “Produce” means any fruit or vegetable grown or produced by a grower and of which total sales by growers to handlers for the previous growing season totaled more than $1 million. The Department shall determine and verify the application of this defined term, and the total sales value herein specified, and for this purpose shall be authorized to inspect books and records and require reports. (6) “Election” means the procedure for terminating the Department’s inspection and classification as provided by ORS 632.950. (7) “Supervisor of Elections” means the Administrator of the Agricultural Development and Marketing Division or some other person appointed by the Director. Statutory/Other Authority: ORS 632 Statutes/Other Implemented: ORS 632 History: DOA 1-2002, f. & cert. ef. 1-15-02
603-045-0020 Petition Filing Requirements (1) Any grower or handler who wants the Department to terminate its inspection of a processing plant in Oregon must contact the Administrator of the Agricultural Development and Marketing Division of the Oregon Department of Agriculture and request a petition. The Department will send the requestor an information packet and petition. (2) The petition must specify the commodity, processing firm and location, and a petition representative. A separate petition and election will be held for each commodity and each processing plant by location. (3) The processing plant must provide the Department a notarized statement certifying a list of all growers who deliver the commodity to that plant. The list must include each grower’s name, address, and relevant production for the period designated by the Department. The list will become the list of electors. (4) The petitioners must meet the signature requirements of ORS 632.950. (5) The petition representative must submit with the petition a deposit of $250 for the cost of the election. If the cost of the election exceeds the deposited amount, the petitioners must pay the difference. If the actual cost is less than the deposit, the Department will issue a refund to the petitioner(s) for the difference between the deposit and the actual cost. (6) The Supervisor of Elections will review the petition to verify it meets the requirements of ORS 632.950. If it does, the Supervisor of Elections will notify the petition representative. If it does not, the Supervisor of Elections will notify the petition representative of the petition’s deficiencies. Statutory/Other Authority: ORS 632 Statutes/Other Implemented: ORS 632 History: DOA 1-2002, f. & cert. ef. 1-15-02
603-047-0010 Definitions Unless the context or a specifically applicable definition requires otherwise, the following definitions shall apply to OAR 603-047-0100 to 603-047-0500: Rules promulgated under the authority of ORS Chapter 576, Payment for Agriculture Commodities (Seeds). (1) "Agricultural seed" means grass seed of a type commonly sold for use in turf lawns or as forage seed. (2) "Authenticate" has the meaning given that term in ORS 79.O1O2. (3) “Complaint” as used in this rule means a written complaint submitted to the department by a producer or grower pursuant to ORS 576.738 alleging a failure by a seed dealer to make any payment or timely payment under a seed bailment contract, seed production contract or seed purchase contract. (4) “Department” means the State Department of Agriculture. (5) “Reasonable Price” means the value of a grass seed kind, variety (or similar variety) and quality (or similar quality) during a time frame corresponding with the date in which payment was due. (6) “Financial Assurance” as used in ORS 576.741 means any written assurance attesting to the applicant’s financial abilities as obligated under seed production or seed purchase contracts and may include a surety bond. (7) "Notice of failure to make payment," as used in ORS 576.738 and this OAR means a notice made by the department to a seed dealer of failure to make payment under a seed production contract or a seed purchase contract as described in 576.738 for which a final order affirming the notice has been issued. It does not include a notice that has been withdrawn or successfully appealed. (8) "Producer” means a person that grows agricultural seed in this state on a commercial basis for a seed dealer. (9) "Seed Bailment Contract" means a seed production contract under which the seed dealer retains title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract. (10) "Seed Dealer” means a person that in the ordinary course of business contracts to buy agricultural seed grown in this state by a producer or contracts with a producer for the growing of agricultural seed in this state. (11) "Seed Deliver” means the date on which the seed grower delivers grass seed to the seed dealer pursuant to a notice from the dealer. (12) "Seed Grower" means a person that grows grass seed in this state on a commercial basis without entering into a contract with a seed dealer prior to harvesting of the seed. (13) "Seed Production Contract" means a written agreement between a producer and a seed dealer for the growing of agricultural seed in this state. (14) "Seed Purchase Contract" means a written agreement for a seed dealer to purchase grass seed that has been grown by a seed grower. "Seed purchase contract" does not include a seed production contract. (15) “Variety Not Stated Seed" means agricultural seed that is sold in unmarked plastic bags or other unmarked containers without any reference to a variety name for the seed. Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680 Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744 History: DOA 31-2012, f. & cert. ef. 12-21-12
603-047-0100 Seed Production Contract Terms As provided for in ORS 576.718, 576.721, 576.726, 576.729 and 72.3050 (1) to (3): (1) If the seed production or purchase contract does not settle the price of the grass seed, a reasonable price may be established according to a department survey of a representation of seed dealers and growers/producers for the purpose of determining a reasonable price at the time of delivery. (2) When the price of a grass seed kind is the “established price” pursuant to supervised price discussions as described in ORS 646.738, the established price shall apply. (3) When a disagreement over payment or timely payment stems from a disagreement between the seed dealer and the seed producer or grower over the quality of the seed of a contracted or purchased lot, the parties to the contract may engage in collaborative dispute resolution processes including the process specified in OAR 603-047-0500. Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680 Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744 History: DOA 31-2012, f. & cert. ef. 12-21-12