justicedao/ipfs_state_laws huggingface dataset:
664-030-0010 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 Clover Seed 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: OCC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
664-030-0020 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 P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th Street Cut Off SE, Salem, OR 97302. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OCC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
664-030-0040 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 664-030-0050, 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 664-030-0060, 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: OCC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
664-030-0050 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 664-030-0060. (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: OCC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
664-030-0060 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 Oregon Clover Seed Commission to the commission at the address provided in 664-030-0020. (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: OCC 1-2019, adopt filed 05/28/2019, effective 07/01/2019
668-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending, or repealing any permanent rule, the Oregon Strawberry 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 proposed action rule; (2) By mailing a copy of the notice to persons on the Oregon Strawberry 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 agency’s rulemaking and publications whose readers have an interest in agency’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 576.305 Statutes/Other Implemented: ORS 183.335(1993) & 183.341(4) History: SBY 1-2001, f. & cert. ef. 2-20-01 SBY 1-1995, f. & cert. ef. 3-21-95 SBY 6, f. & ef. 6-7-76
668-010-0005 Definitions (1) "Person" means any individual, corporation, association, partnership, or joint stock company. (2) "Commission" means the Oregon Strawberry Commission. (3) "First Purchaser" means any person who buys strawberries from the producer in the first instance, or handler who receives the strawberries in the first instance from the producer for resale or processing. (4) "Producer" means a person or other legal entity producing strawberries in Oregon for market, whether as a landowner, landlord, tenant, sharecropper, or otherwise. (5) "Handler" means any producer, processor, distributor, or other person engaged in handling or marketing of or dealing in strawberries, whether as owner, agent, employee, broker, or otherwise. (6) "Strawberries" include all varieties and selections grown in Oregon described as Fragaria spp and includes, but is not limited to, such varieties as Northwest, Siletz, Shasta, Marshall, Hood, Molalla, Puget Beauty, and strawberry hybrids. (7) "Casual Sale" means any casual sale or sales of strawberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 1000 pounds. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 History: SBY 1-2001, f. & cert. ef. 2-20-01 SBY 1-1986, f. & ef. 6-3-86 SBY 1, f. 5-31-67
668-010-0010 Assessments (1) As authorized or required by ORS 576.325 and 576.335, any person who is a first purchaser (or otherwise is required to pay an assessment to the Oregon Strawberry Commission) for all purchases of strawberries grown in Oregon, including conventinal and organic. (See definition of "First Purchaser") Grower-purchasers will use an estimated average of the state price, which will be set by the Commission prior to August 1st each year. (2) All casual sales of less than 1,000 pounds in a calendar year of Strawberries shall be exempt from the assessment. Statutory/Other Authority: ORS 576.304 Statutes/Other Implemented: ORS 576.325 & 576.335 History: SBY 1-2025, amend filed 06/06/2025, effective 07/01/2025 SBY 1-2016, f. & cert. ef. 3-9-16 SBY 1-2013, f. & cert. ef. 5-15-13 SBY 1-2004, f. & cert. ef. 1-15-04 SBY 1-2001, f. & cert. ef. 2-20-01 SBY 1-1997, f. & cert. ef. 5-15-97 SBY 1-1992, f. & cert. ef. 5-15-92 SBY 2-1986, f. & cert. ef. 8-12-86 SBY 1-1986, f. & cert. ef. 6-3-86 SBY 1-1978, f. 5-18-78, cert. ef. 6-1-78 SBY 5, f. 12-24-74, cert. ef. 1-25-75 SBY 4(Temp), f. & cert. ef. 6-5-74 thru 10-2-74 SBY 1, f. & cert. ef. 5-31-67
668-010-0015 Reports and Payment of Assessment Moneys (1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of strawberries during the four months immediately preceding each reporting date. Assessment reports must be postmarked by 15th of the reporting month specified below. Assessments shall be reported as follows: (a) December, January, February, March, April, May, June, and July reported by September 15th; (b) August, September, October, November reported by December 15th. (2) When a first purchaser or handler has completed, signed, and forwarded a report covering his final purchases of strawberries for the crop season, he may indicate such by checking the box "FINAL REPORT FOR THIS CROP SEASON". No further reports are necessary by such first purchaser, unless or until additional purchases are made. (3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule, and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission. (4) At the time that reports are due the Commission from the first purchaser, as required in section (1) of this rule, the first purchaser shall attach or forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser and completely filled out, and shall include, in addition to all other required information and figures, the date each transaction is made, the name and mailing address of each producer, the crop year, the tonnage, the price, and amount of assessment deducted and withheld. (5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. (This is copied from the law. Examples would be the sale by a producer direct to a peddler, to a retail store, etc.) Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325, 576.335 & 576.345 History: SBY 1-2025, amend filed 06/06/2025, effective 07/01/2025 SBY 1-2012, f. & cert. ef. 4-12-12 SBY 1-2001, f. & cert. ef. 2-20-01 SBY 5, f. 12-24-74, ef. 1-25-75 SBY 1, f. 5-31-67
668-010-0020 Penalties Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states: “In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one-half percent of the amount due for each month of delay thereafter.” Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.355 History: SBY 1-2005, f. & cert. ef. 1-13-05 SBY 5, f. 12-24-74, ef. 1-25-75 SBY 4, f. 5-31-67
668-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 668-010-0010(1), or the reports required under OAR 668-010-0015, applies to and covers any purchase by him or delivery on or after June 1, 1967, of strawberries grown in Oregon. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 & 576.335 History: SBY 4, f. 5-31-67
668-020-0010 Purpose of Public Records Requests Processing Rules 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 Strawberry 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. (1) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (2) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 192.324, ORS 576.304(14), ORS 183 & ORS 192.329 Statutes/Other Implemented: ORS 192.318(2), ORS 192.324, ORS 576.304(14), ORS 183 & ORS 192.329 History: SBY 1-2019, adopt filed 09/30/2019, effective 10/01/2019
668-020-0020 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 1827 NE 44th Ave, Ste. #315, Portland, OR 97213 or by email to oregonstrawberries@gmail.com. If the written request is submitted in person to the commission at this address, the requester must deliver it during the commission’s business hours. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183, ORS 192.324 & ORS 192.329 Statutes/Other Implemented: ORS 192.318(2), ORS 576.304(14), ORS 183, ORS 192.324 & ORS 192.329 History: SBY 1-2019, adopt filed 09/30/2019, effective 10/01/2019
668-020-0040 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 668-020- 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 668-020- 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, ORS 192.324 & ORS 192.329 Statutes/Other Implemented: ORS 192.318(2), ORS 576.304(14), ORS 183, ORS 192.324 & ORS 192.329 History: SBY 1-2019, adopt filed 09/30/2019, effective 10/01/2019
668-020-0050 Fees 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 668-020- 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, ORS 192.324 & ORS 192.329 Statutes/Other Implemented: ORS 192.318(2), ORS 576.304(14), ORS 183, ORS 192.324 & ORS 192.329 History: SBY 1-2019, adopt filed 09/30/2019, effective 10/01/2019
668-020-0060 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 to the commission at the address provided in 668-020-0020. (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, ORS 192.324 & ORS 192.329 Statutes/Other Implemented: ORS 192.318(2), ORS 576.304(14), ORS 183, ORS 192.324 & ORS 192.329 History: SBY 1-2019, adopt filed 09/30/2019, effective 10/01/2019
668-030-0010 Number of Commissioners and Terms The Oregon Strawberry Commission will consist of seven commissioners appointed by the Director of the Oregon Department of Agriculture for a term or three years or, if for a term following a prior term for that person, ending three 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: SBY 2-2013, f. & cert. ef. 7-16-13 SBY 1-2004, f. & cert. ef. 1-15-04
668-030-0020 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 Strawberry 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 strawberries; (b) A majority of the members will be producers; (c) One member will be a handler; (d) All members who are not a handler or the public member will be producers. (3) In addition to the qualifications set forth in subsection (2) of this rule, members should be representative of all growing areas. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: SBY 2-2012, f. & cert. ef. 4-12-12 SBY 1-2004, f. & cert. ef. 1-15-04