justicedao/ipfs_state_laws huggingface dataset:
740-010-0010 Agency Representation at Contested Case Hearings (1) The Attorney General has given written consent as required by ORS 183.452 for an officer or employee of the Department of Transportation to appear on behalf of the agency in the following types of contested case hearings conducted by ODOT: (a) Assessment of civil monetary penalties for violation(s) of ORS Chapter 818, 823, 825 and 826 or related rules; (b) Suspension or cancellation of motor carrier operating authority; (c) Cancellation of registration or vehicle enrollment in the weight-mile tax program; (d) Surety bond increase; (e) Tariff docket; and (f) Reassessment cases involving weight-mile tax, commercial or prorate registration fees, road use assessment fees, or fuel taxes pursuant to ORS Chapter 818, 825 and 826 or related rules. (2) The agency representative may present evidence, ask questions of witnesses and present factual arguments. (3) The agency representative may not make legal argument on behalf of the agency. (a) "Legal argument" includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the facts to the statutes or rules directly applicable to the issues in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; and (D) The admissibility of evidence or the correctness of procedures being followed. (4) When an agency officer or employee represents the agency, the presiding officer shall advise such representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the presiding officer shall provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing. Statutory/Other Authority: ORS 814.619 & 823.011 Statutes/Other Implemented: ORS 183.450, 823.031 & 823.033 History: MCTD 4-2020, amend filed 04/03/2020, effective 04/03/2020 MCTD 4-2019, temporary amend filed 10/22/2019, effective 10/22/2019 through 04/17/2020 MCTD 3-2014, f. & cert. ef. 9-22-14 MCT 7-1997, f. & cert. ef. 9-18-97
740-010-0020 Emergency Suspension of Statutes — Delegation The Director of the Oregon Department of Transportation authorizes the following line of succession to temporarily suspend operation of statutes involving motor carriers as described in ORS 823.012 in the event the Director is not available: (1) Administrator of the Commerce and Compliance Division (CCD); (2) Manager of the Salem Motor Carrier Services Section of CCD; (3) Manager of Investigations/Safety/Federal Programs Section of CCD; (4) Manager of Field Motor Carrier Services Section of CCD. Statutory/Other Authority: ORS 184.619, 823.011 & 823.012 Statutes/Other Implemented: ORS 823.012 History: MCTD 5-2020, minor correction filed 05/07/2020, effective 05/07/2020 MCTD 7-2005, f. & cert. ef. 12-14-05 MCTD 4-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06
740-015-0010 Purpose Chapter 740, division 15 rules are adopted by CCD to: (1) Specify the procedures and requirements under which a motor carrier may, by electronic means, conduct business with CCD; and (2) Promote the development and use of electronic transactions between CCD and its customers while providing service that is efficient, secure, convenient and responsive. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 6-2020, minor correction filed 05/07/2020, effective 05/07/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0020 Definitions For purposes of OAR chapter 740, division 15, the following definitions apply: (1) “Agent” means a person or organization appointed or assigned by a Power of Attorney to conduct all business on behalf of a motor carrier. (2) "Authorized system" means any website or system authorized by CCD and the State of Oregon for online transactions. (3) “CCD” means the Commerce and Compliance Division of the Oregon Department of Transportation. (4) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means. (5) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record. (6) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a motor carrier and CCD for the purposes of: (a) Facilitating access to public records or public information; (b) Purchasing or selling goods or services; (c) Transferring funds; (d) Facilitating the submission of an electronic record or electronic signature required or accepted by CCD; or (e) Creating records upon which CCD or another person or organization will reasonably rely upon and may use for audit purposes, including but not limited to formal communications, notices, certifications and any other record that is issued under a signature. (7) “Hardcopy” means a document printed on paper. (8) “Motor carrier” means a for-hire or private carrier, as defined in ORS 825.005, and except for the purposes of OAR 740-015-0040, includes any agent or person authorized by the motor carrier to conduct business on behalf of the motor carrier. (9) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a motor carrier and CCD. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 5-2021, amend filed 11/23/2021, effective 11/23/2021 MCTD 8-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 4-2008, f. & cert. ef. 12-15-08 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0030 General Provisions An electronic transaction conducted between CCD and a motor carrier or Agent, including but not limited to the submission of documents or information to CCD: (1) Is made at the sole discretion of the motor carrier or Agent submitting the information; (2) Must be conducted through an authorized system and may require a password for certain electronic transactions; (3) Must be conducted in accordance with: (a) The provisions of chapter 740, division 15 rules; (b) All applicable laws and administrative rules; and (c) Any instructions and terms of agreement contained on an authorized system; and (4) Has the same level of legal protection and effect that is given to a hardcopy transaction and may not be denied legal effect, validity or enforceability solely because it is conducted electronically. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 5-2021, amend filed 11/23/2021, effective 11/23/2021 MCTD 7-2020, minor correction filed 05/07/2020, effective 05/07/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0050 Certifications Pursuant to ORS 802.012(2), if a motor carrier submits information to CCD via an authorized system to comply with statute or rule, the submission shall: (1) Constitute a certification, including but not limited to a certification as to the truth and accuracy of the document or information submitted in the electronic record; and (2) Be considered received whether or not the information submitted is signed by the person or organization that submits the information. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 10-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0060 Date and Time Information is Considered Submitted; Received (1) An electronic record submitted to CCD via an authorized system shall be deemed received by CCD on the date and time that the record is received by the system's Web server. (2) An electronic record must be received by CCD not later than midnight Pacific Time on the deadline for submitting the record, if applicable, to be considered received or submitted timely. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012, 825.472 & 825.490 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 11-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0070 Signature For any transaction that is required under Oregon law to be in writing and have a signature, an electronic signature shall have the same legal force and effect as if the person or organization had submitted the transaction in hardcopy with a handwritten signature in ink on paper. Statutory/Other Authority: ORS 184.616, 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0080 Payment of Fees; Use of Credit Cards; Debit Cards (1) If an electronic transaction requires the payment of taxes or fees to CCD, payment of those taxes or fees within the electronic transaction shall be: (a) Payment by credit card or debit card approved by CCD as designated on an authorized system; (b) Payment through an Automated Clearing House; or (c) Charged to a motor carrier’s account upon prior approval by CCD. (2) All payments shall be made in US funds. (3) To pay required fees to CCD by credit card or debit card within an electronic transaction, a motor carrier shall be required to submit the following information to CCD: (a) Credit cardholder or debit cardholder name and billing address, including city, state, and zip code; (b) Credit cardholder or debit cardholder phone number and e-mail address; (c) Credit card or debit card number; (d) Expiration date of the credit card or debit card; (e) Card Verification Value (CVV) from the back of the debit or credit card; (f) Motor carrier name and address, including city, state (or province), and zip code; and (g) Motor carrier phone number and e-mail address. (4) CCD may impose a surcharge to offset administrative fees charged to the department for acceptance and use of card payments, as granted under ORS 802.112. (5) If for any reason the department does not receive payment from the issuer of the card, the department may impose additional fees for the payment of money under ORS 30.701, along with any additional actions as specified under ORS 802.170. Statutory/Other Authority: ORS 184.619, 802.012, 802.112, 802.170 & 825.502 Statutes/Other Implemented: ORS 825.490 & 825.502 History: MCTD 6-2025, amend filed 05/08/2025, effective 05/08/2025 MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 12-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0090 Electronic Records CCD records pertaining to electronic transactions conducted via an authorized system site are subject to all requirements for processing and records maintenance as described in OAR 740, division 55. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 & 825.515 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 13-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-015-0110 Rental Agencies Rental agencies that conduct electronic transactions with CCD pursuant to a written agreement must comply with the provisions of division 15 rules. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD 1-2025, amend filed 01/16/2025, effective 01/16/2025 MCTD 15-2020, minor correction filed 05/08/2020, effective 05/08/2020 MCTD 5-2003, f. & cert. ef. 10-24-03
740-020-0010 Scope Defined (1) ORS 823.007(1) requires each employee of the department who performs a function concerning the economic regulation of motor carriers to file with the department an employee statement of pecuniary interests in motor carriers. Division 20 rules establish when a statement is required, defines terms associated with the statement and describes the circumstances under which disciplinary action may occur for failure to comply with ORS 823.007(1). (2) For the purposes of ORS 823.007(2), “a function concerning economic regulation of motor carriers” means any action or transaction that affects or potentially affects the financial status of a motor carrier. Such functions include, but may not be limited to: (a) Entry, including issuance of operating authority; (b) Regulation and establishment of rates of household goods carriers described in ORS 825.202; (c) Enrollment of commercial motor vehicles for highway use tax purposes; (d) Registration or apportioned registration of commercial motor vehicles; (e) Receiving, collecting and accounting for money received from motor carriers; (f) Enforcement of motor carrier regulations, including audit, inspection and investigation for compliance with tax, safety and other regulations; (g) Issuance of variance permits under ORS Chapter 818; (h) Weighing commercial vehicles and enforcing highway size and weight standards; (i) Authorization of farm registration under ORS Chapter 805; (j) Processing insurance and surety deposit filings; and (k) Processing refunds. Statutory/Other Authority: ORS 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 805.300, 818.200, 823.007, 825.100, 825.202 & 825.224 History: MCTD 4-2020, amend filed 04/03/2020, effective 04/03/2020 MCTD 4-2019, temporary amend filed 10/22/2019, effective 10/22/2019 through 04/17/2020 MCTD 3-2016, f. & cert. ef. 9-26-16 MCTD 3-2006, f. & cert. ef. 4-28-06 MCTD 3-2003, f. & cert. ef. 7-17-03
740-020-0020 Employee Disciplinary Action — Failure to File a Statement Regarding Pecuniary Interest (1) The department may take disciplinary action that may include dismissal of a department employee who performs one or more of the functions described in OAR 740-020-0010(2) if the employee: (a) Is employed on or before September 1, 2003, and fails to file the statement required by ORS 823.007 before September 15, 2003; (b) Is employed after September 1, 2003, and fails to file the statement required by ORS 823.007 before the 15th day after the date of employment; (c) Fails to file the supplementary statement required by ORS 823.007 before the 15th day following acquisition of a pecuniary interest; or (d) Fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 823.007. (2) Dismissal of an employee under section (1) of this rule is subject to either: (a) The procedure and appeal as provided in ORS 240.555 and 240.560 for unrepresented employees; or (b) The labor agreement for represented employees. (3) An employee dismissed under section (2) is eligible for reemployment. Statutory/Other Authority: ORS 184.616, 184.619 & 823.007 Statutes/Other Implemented: ORS 823.007 History: MCTD 3-2003, f. & cert. ef. 7-17-03
740-030-0010 Applicability, References and Terminology (1) No rule listed in Divisions 30 through 60 and 105 through 115 is intended to expand the authority granted in existing certificates. (2) When grants of operating territory are expressed in terms of miles for for-hire carriers of household goods, air miles will be employed as the measure unless otherwise described or specified. This shall apply to any lateral distances from designated highways and named points. (3) “Air miles” express distance as statute miles of 5,280 feet, measured in a straight line without regard to terrain features or differences in elevation on maps designated by the Department of Transportation. (4) When “air miles” are designated in an application for for-hire household goods authority, a known ascertainable reference point must be designated from which the air mile radius or distance should be computed. (5) Some household goods carrier certificates of authority, issued prior to the effective date of this rule, express an authorized territory in terms of “road miles.” If any certificate holder claims a particular highway or roadway as a measure to place his operations within the scope of such defined authority, the burden of proof is upon said holder to show that such highway or roadway is practical and operational for use in transporting the affected traffic and the certificate holder normally and regularly uses such highway or roadway to transport the affected traffic. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.110, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-061-0005 PUC 15-1984, f. & cert. ef. 8-8-84 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-031-0005 PUC 148, f. 7-29-68, cert. ef 9-1-68 PUC 135, f. 5-9-66, cert. ef. 5-15-66 PUC 120, f. & cert. ef. 10-26-62 PUC 18, f. 1-21-55, cert. ef. 9-1-54
740-030-0020 Communications, Business Names and Carrier Address (1) All carriers must immediately report any change in principal business address, legal status or business name to the Department. (2) Except as authorized by the Department under OAR 740-045-0150, all motor carrier operations must be conducted in the name in which the certificate or permit is issued or the duly assumed business name of the carrier, and all carriers are required to use such name in all documents relating to their operations and in all correspondence with the Department’s office. This rule does not preclude the use of a separate name for operations conducted as a Division so long as the name in which the certificate or permit or the duly assumed business name is also shown. Statutory/Other Authority: ORS 823.011 & 825.232 Statutes/Other Implemented: ORS 825.102 - 825.117 History: MCTD 3-2025, amend filed 01/16/2025, effective 01/16/2025 MCT 8-1997, f. & cert. ef. 11-17-97 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-061-0010 PUC 16-1983, f. & cert. ef. 12-28-83 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-031-0010 PUC 148, f. 7-29-68, cert. ef 9-1-68 PUC 135, f. 5-9-66, cert. ef. 5-15-66 PUC 120, f. 10-26-62, cert. ef. 11-15-62 PUC 18, f. 1-21-55, cert. ef. 9-1-54
740-030-0030 Special Operations (1) “Special Operations” is an irregular route service for transportation of passengers to special events or for special purposes where tickets are sold on an individual basis at various points in route. (2) “Special Event” or “for special purposes” refers to a particular public happening which has a definite beginning and end, or to a one of a kind special purpose trip. Although the event or trip may be scheduled in advance, and occur intermittently, it does no occur on an extended everyday basis, and the transportation is not conducted for the sole purpose of moving passengers from one point to another. Statutory/Other Authority: ORS 823 & 825 Statutes/Other Implemented: ORS 825.202 History: MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-061-0015 PUC 7-1984, f. & ef. 3-27-84, Order No. 84-232 PUC 14-1983(Temp), f. & ef. 11-16-83, Order No. 83-726
740-030-0045 Annual Report for Operations Exempt Under ORS 825.017 (1) Any owner or operator of a motor vehicle exempt from the provisions of ORS Chapter 825 by 825.017 must file an annual report form number 735-9948. The annual report will cover operations for the prior calendar year. The report must be filed no later than the 31st day of March following the year in which the operations occurred. (2) The owner or operator’s report must: (a) Identify the specific exemption of ORS 825.017; (b) List the mileage for each exempt vehicle; and (c) Include the registered weight class for each exempt vehicle. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.018 Statutes/Other Implemented: ORS 825.017 & 825.018 History: MCTD 4-2014, f. & cert. ef. 9-22-14
740-035-0005 Definitions For purposes of OAR chapter 740, the following definitions apply: (1) To “Advertise” means utilizing any form of media including broadcasting, publishing, or the internet to promote the transportation of household goods. (2) A motor carrier is “domiciled” in Oregon if the motor carrier has an established place of business in Oregon as specified on an application for authority. (3) An “Established Account” results when the department has received and approved an application for a motor carrier account or farm certification containing sufficient information to identify the legal entity of the motor carrier. (4) “Household goods” is defined in ORS 825.005(8) (5) A “Legal Entity” means an association, corporation, partnership, proprietorship, trust, individual or other entity that has a separate existence for tax or other purposes of accountability under law. A legal entity has standing to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions. (6) An “Offer” means expressing readiness or the intent to provide transportation of household goods for or on behalf of someone, through all forms of communication (7) A “Temporary Account” results when the department has issued an account number for the purpose of issuing temporary passes but has not received or approved an application for a motor carrier account or a farm certification. (8) A “Third Party Agent” is any person or entity authorized by the Department to implement or conduct the Motor Carrier Education Program training as prescribed by the Department.\ (9) To “Transport” means utilizing a motor vehicle to move household goods. (10) A “Valid Certificate” means an Oregon Intrastate Certificate to Transport Household Goods, that is not suspended under ORS 825.137, 825.139 or 825.164. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 823.027 & 825.354 History: MCTD 7-2025, amend filed 12/11/2025, effective 01/01/2026 MCTD 9-2023, amend filed 10/09/2023, effective 10/09/2023 MCTD 7-2012, f. & cert. ef. 8-17-12
740-035-0010 Applications for Authority or Change of Authority (1) All applications for a certificate or permit or for the extension, contraction, abandonment or other change in operating authority or for adding vehicles to certificate or permit must be made on forms approved by the Department. (2) Additional filing requirements and attachments to or in support of applications are specified in OAR 740-035-0150. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.102, 825.110 & 825.202 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-062-0005 MCT 2-1996, f. & cert. ef. 2-16-96 PUC 156, f. 8-6-73, cert. ef. 8-15-73, Renumbered from 860-032-0005 PUC 148, f. 7-29-68, cert. ef. 9-1-68 PUC 135, f. 5-9-66, cert. ef. 5-15-66 PUC 120, f. 10-26-62, cert. ef. 11-15-62 PUC 18, f. 1-21-55, ef. 9-1-54