justicedao/ipfs_state_laws huggingface dataset:
125-045-0260 Procedure for PLAC Review (1) The Division will forward written material for PLAC review to the PLAC members at least two weeks in advance of a scheduled PLAC meeting. (2) The Transacting Agency or the Division, as appropriate, will present the transaction or report to the PLAC. Following each presentation, the PLAC may ask questions and discuss issues with other PLAC members, Agency and Division representatives, and other experts or advisers as needed. (3) The PLAC: (a) Must approve of the form and substance of any written Appraisal and final determination of Appraised Fair Market Value by the appraiser; and (b) May require that more than one Appraisal be obtained to establish the Appraised Fair Market Value of a Real Property Interest. (4) At the end of discussion, the PLAC Chair will ask members for advice or recommendations. The PLAC may: (a) Request additional information from the Division or Transacting Agency and postpone recommendation or comment; or (b) Make recommendation or comment on the proposed transaction or agenda item. (5) Follow-up responses from the Transacting Agency or Division may be submitted and discussed via email or other available technology, so long as the Division is included on all such discussions, and these discussions are retained electronically as public records of the PLAC. (6) The PLAC will not make a recommendation on a transaction or other documents reviewed without a majority of its members present or otherwise participating in the recommendation. If a regularly scheduled and noticed meeting does not have a majority of the members present, those present will be considered to be a subcommittee of the PLAC. The subcommittee will report its findings and recommendations to the next scheduled PLAC meeting or to the entirety of the PLAC for review via email or other available technology so recommendations may be made in a timely manner. The Division will be included on all discussions via email or other technology, and these discussions will be retained electronically as public records of the PLAC. (7) The PLAC may hold meetings or portions of meetings in non-public Executive Session to discuss specific, confidential deal points and negotiation strategies for particular property transactions. (8) The Division will prepare draft meeting minutes after every PLAC meeting and distribute them to PLAC members for review and comment. The Division will revise the minutes following receipt of comments from the PLAC and distribute revised minutes to the PLAC for approval at the beginning of the next scheduled PLAC meeting. Statutory/Other Authority: ORS 270.015(2), 270.100(1)(d) & 270.120 Statutes/Other Implemented: ORS 270.015, 270.100, 270.120 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0265 State Land Inventory and Property Management (1) The Division or hosting Agency, will keep current a State Land Inventory System of all State Real Property Interests that identifies property as In Reserve, In Use, or Surplus to Agency need. This database will catalog the size, location, and current use of all State Real Property Interests. The Division will use this data to respond to questions from the public, Agencies, the Legislature and executive branch concerning state land. (2) The Division will work with Agencies to establish appropriate categories of real property for cataloguing State Real Property Interests. Agencies will cooperate with the Division by providing accurate, up-to-date, and complete real property data. Value may be shown as a range within a list of categories. For example: Forest $80-$180/acre; Range Land $50-$150/acre; Commercial Office Land (Urban) $2-$5/per square foot. Agencies will identify whether the State Real Property Interest is within an Urban growth boundary; whether the Real Property Interest is declared Surplus or sold; and whether there are restrictions on the use of proceeds. (3) To the extent reasonably possible, the Division, or hosting Agency, will identify Real Property Interests in the State Land Inventory System by: (a) The property identification numbers or characters used by the controlling Agency, and (b) The property identifiers assigned by the county assessor, including applicable township, range, section, and tax lot number(s), street addresses, GIS coordinates, latitude and longitude, and county map numbers. (4) The Division will post a link to State Agency property ownership reports on the hosting Agency’s website. The Division will forward inquiries from Agencies and other interested parties relating to specific State Real Property Interests to the appropriate Agency for response. (5) Upon sale of Surplus Real Property Interest, Agencies will provide the Division with information regarding the sale as described in 125-045-0214(9). (6) On or before October 1st of each even numbered year, all Agencies controlling State Real Property Interests will submit a revised and updated inventory of any Surplus Real Property Interest that it controls to the Division. The inventory will identify any Surplus Real Property Interest located within an Urban growth boundary. (7) The Department may undertake the management of any real property, and Improvements thereon that is the property of or within the management jurisdiction of any State Agency through agreement according to ORS 190.110. Reimbursement of Department costs are subject to terms of the agreement. Statutory/Other Authority: ORS 270.015(2) & 270.100, 270.155, 270.180 Statutes/Other Implemented: ORS 270.015, 270.100, 270.155, 270.180 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0270 State Land Inventory System Costs (1) The Division will be reimbursed for the costs incurred in carrying out the Clearinghouse Process, which gathers data for the State Land Inventory System, through continuous appropriation from State Agencies owning real property. (2) Costs to maintain the State Land Inventory System will be reimbursed through a memorandum of understanding between the hosting Agency and land-owning agencies as contained in the agreement. Statutory/Other Authority: ORS 190.110, 270.100, 270.180 & 283.110 Statutes/Other Implemented: ORS 190.110, 270.100, 270.180 & 283.110 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-050-0100 State Surplus Property Definitions In addition to the definitions contained in ORS 279A.250 and OAR 125-246-0110, the following definitions apply to these Rules on State Surplus Property: (1) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder. (2) "Cash" includes U.S. currency, cashier's checks, certified checks, traveler's checks, money orders made payable to the State of Oregon, or approved credit cards. (3) "Direct Labor" includes all Work required for preparation, production, processing and packing, but does not include supervision, administration, inspection and shipping. (4) "Employee's Household" means all persons residing with employee. (5) "Employee's Immediate Family" means the children, step-children, parents, step-parents, grandparents and spouse of employee, separately or in any combination thereof. (6) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement. (7) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation as defined in ORS 307.130. (8) "Photographic Identification" means a document that shows the bearer's current name, address, and photographic portrait. (9) "Political Subdivision" includes divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority. (10) "Private Not-for-Profit Agencies" means those Agencies meeting the criteria specified in the Oregon Administrative Rules. (11) "Property" is defined in ORS 279A.250(3) and means personal property. (12) "State agency" is defined in ORS 279A.250(4) and means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices. (13) "Surplus Property" means all personal property, vehicles and titled equipment property received by the Department as surplus from federal government units, state agencies, local governments, and special government bodies for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. Statutory/Other Authority: ORS 283.060, 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.250 History: Renumbered from 125-246-0700, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-050-0200 Disposition and Accounting of State Owned Property State Agencies shall follow Oregon Accounting Manual Policy 15.55.00.PO or other state policy when removing, transferring, recycling, scrapping or otherwise disposing of Property in their possession that was purchased with state funds. Statutory/Other Authority: ORS 279A.260(f) & 279A.070 Statutes/Other Implemented: ORS 279A.260 History: DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08
125-050-0300 Eligibility of State Agencies, Political Subdivisions and Non-Profit Organizations Prior to offering Surplus Property for public sale, the State Surplus Property Program must make Surplus Property available to the following: (1) State Agencies; (2) Political subdivisions of the State; and (3) Any non-profit organization qualified to acquire federal donation property pursuant to OAR 125-035-0045 or determined by the Department to be eligible under criteria established by the Department. Statutory/Other Authority: ORS 283.060, 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.260 History: Renumbered from 125-246-0710, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-050-0310 State Surplus Property Acquisition (1) Recipients of state Surplus Property must have funds available at the time property is acquired, and pay all costs and charges incidental to the acquisition within thirty (30) calendar Days from the date of invoice. Invoices outstanding in excess of ninety (90) Days may result in suspension of purchasing privileges until such invoices have been paid in full. (2) Surplus state property must be available for warehouse floor sale or direct transfer to state Agencies, political subdivisions and qualified non-profit organizations prior to public sale. Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus state property except at public sales. (3) State Surplus Property acquired by state agencies, political subdivisions, or qualified not-for-profit organizations through warehouse floor sales or direct transfers must be used only in the conduct of their official public programs. State Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre-approved by the Department. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.260 & 279A.280 History: Renumbered from 125-246-0720, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08 DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05
125-055-0010 Policy (1) As required by ORS 279.850(1), Agencies that intend to procure a product or service that is listed on the Procurement List must procure that product or service, at the Price determined by the Department, from an OFC if the product or service is of specifications appropriate to the Agency's procurement needs and is available within the time required by the Agency. (a) Agencies must not develop specifications that inhibit or tend to discourage Public Contracting with OFC providers for the acquisition of Oregon Forward-produced products or services. (b) Agencies must not enter into lease agreements or other agreements to purposely eliminate the possibility of that Agency entering into an agreement with an Oregon Forward provider. (2) It is the policy of the Department to assist OFCs by administering a program to: (a) Identify contracting opportunities in the public sector for OFCs; (b) Ensure that OFCs meet the standards set forth in the Oregon Forward Program; and (c) Assist and facilitate Agencies in entering into contracts with OFCs for the provision of products and services thereby promoting the requirements of ORS 279.835 to 279.855. (3) In administering the Oregon Forward Program, the Department, Agencies and OFCs must keep in mind the purpose of the law: to encourage and assist Individuals with Disabilities to achieve maximum personal independence in their communities through productive, gainful employment by assuring an expanded and constant market for Oregon Forward products and services. (4) In promoting the policy of this section and ORS 279.850(2), the State Chief Procurement Officer (CPO) may appoint uncompensated volunteer members to serve on an advisory council to make recommendations to the CPO concerning the facilitation and administration of the Oregon Forward Program. The CPO's authority to appoint advisory council members includes the authority to remove and replace members in the CPO’s sole discretion. Meetings of the advisory council are not subject to the public meetings law (ORS 192.610 to 192.710). However, the Department will post notice of the times and places of meetings of the advisory council on a website maintained by the Department. The Department reserves the right to change the meeting time and place after the posting of the meeting notice. Statutory/Other Authority: ORS 279.845(1) & 184.340 Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855 History: DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020 DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021 DAS 2-2020, amend filed 03/12/2020, effective 03/12/2020 DAS 2-2019, temporary amend filed 09/26/2019, effective 09/29/2019 through 03/26/2020 DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019 DAS 3-2010, f. & cert. ef. 10-8-10 DAS 8-2005, f. & cert. ef. 6-21-05 DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05 DAS 4-2003, f. & cert. ef. 9-8-03
125-055-0015 Application for Oregon Forward Qualified Nonprofit Agency Participation (1) A CRP that seeks to participate in the Oregon Forward Program must submit a complete application to the Department on a Department-prescribed form. Exhibits submitted with the application must include: (a) IRS 501(c)(3) letter; (b) Articles of Incorporation; (c) Bylaws; (d) Mission Statement; (e) A description of how the applicant is operating as a CRP; and (f) A written plan for the applicant’s compliance with the direct labor requirement of ORS 279.835(5). (2) The Department reserves the right to require applicants to provide additional information. (3) If the Department determines that the applicant is qualified, it will send the applicant notice of OFC status. If the Department does not find the applicant qualified, it will reject the application and notify the applicant in writing of the criteria not satisfied. (4) The applicant may submit a written appeal to the Department within ten (10) calendar days of the date of the rejection notice. The appeal must state the error in the Department’s decision. If the applicant does not appeal the Department’s decision, the decision is final. (5) On appeal, if the Department determines the applicant is then qualified, it will send written notice to the applicant of OFC status. If the Department finds no error in its determination, it will provide the applicant a written notice confirming the decision. The Department’s written notice under this subsection constitutes a final order under ORS 183.484. Statutory/Other Authority: 184.340 & ORS 279.845(1) Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855 History: DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020 DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021 DAS 3-2010, f. & cert. ef. 10-8-10 DAS 8-2005, f. & cert. ef. 6-21-05 DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05 DAS 4-2003, f. & cert. ef. 9-8-03
125-055-0025 Review of Suitability Determinations (1) The Department reserves the right to review suitability determinations as changes in rules, laws, market conditions and OFC contractor performance occur. Information that was not available to the Department during the initial determination that negatively impacts the suitability of the product or service may also cause a review. The review may result in removal of the product or service from the Procurement List. An OFC may appeal a decision to remove a product or service from the Procurement List in the manner provided in OAR 125-055-0020(4). (2) An Agency and an OFC may not alter the character or scope of the product or service so that it no longer is essentially the same product or service that was the subject of the suitability determination. In cases where such a change is sought, the Agency or the OFC must first request and receive from the Department a new or amended determination that the product or service, as changed, is suitable under OAR 125-055-0020(2). In cases where the change in specifications or amendment appears to affect the Price of a product or service as determined under OAR 125-055-0030, the Department also may conduct a new Price determination in response to the request. Statutory/Other Authority: ORS 279.845(1) & 184.340 Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855 History: DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020 DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021 DAS 3-2010, f. & cert. ef. 10-8-10 DAS 8-2005, f. & cert. ef. 6-21-05 DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05 DAS 4-2003, f. & cert. ef. 9-8-03
125-055-0100 Purpose — HIPAA Privacy and Security Rule Implementation; HITECH Act Implementation. (1) The purpose of these rules is to set forth the requirements that a contractor who is a Business Associate of an Agency must abide by in order to comply with the Business Associate provisions of HIPAA and the implementing Privacy Rule and Security Rule and of the HITECH Act. The Privacy Rule and Security Rule, as amended by the HITECH Act, require an Agency, to obtain certain written assurances from a Business Associate, that the Business Associate will comply with the Business Associate requirements set forth in 45 CFR 164.502(e) and 164.504(e). The Privacy Rule requires that a Covered Entity obtain certain written assurances before the Business Associate may create, receive, maintain or transmit Protected Health Information. The requirements contained in this Rule apply both to Contracts for trade services and personal services, as defined in OAR 125-246-0110. (2) This Rule will be interpreted as broadly as necessary to implement and comply with HIPAA, the Privacy Rule and the Security Rule, and the HITECH Act. Any ambiguity in this Rule shall be resolved in favor of a meaning that complies and is consistent with HIPAA, the Privacy Rule and the Security Rule, and the HITECH Act. Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140 Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264 History: DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2010, f. & cert. ef. 11-15-10 DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11 DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05 Reverted to DAS 3-2003, f. & cert. ef. 6-27-03 DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05 DAS 3-2003, f. & cert. ef. 6-27-03 DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03
125-055-0105 Definitions For purposes of rules 125-055-0100 through 125-055-0130 the following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the same meaning as those terms in the Privacy Rule and the Security Rule and the HITECH Act, including, but not limited to, 42 USC Section 17938 and 45 CFR Section 160.103. (1) "Agency" means an agency of the State of Oregon subject to the procurement authority of DAS pursuant to ORS 279A.140 and that is: (a) A Covered Entity; or (b) A Business Associate of an Agency that is a Covered entity. (2) "Business Associate" has the meaning given that term in 45 CFR 160.103. (3) "Contract" means the written agreement between an Agency and a Contractor setting forth the rights and obligations of the parties. (4) "Covered Entity" has the meaning given that term in 45 CFR 160.103. (5) “Electronic Media” means: (a) Electronic storage media; and (b) Transmission media used to exchange information already in electronic storage media. (6) “Electronic Protected Health Information” has the meaning given that term in 45 CFR 160.103. (7) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d – 1320d-8, Public Law 104-191, sec. 262 and sec. 264. (8) “HITECH Act” means the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, Title XIII of division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (“ARRA”), Public Law 111-5, including any implementing regulations. (9) “Health Care Provider” means the persons or entities that furnish, bill for or are paid for Health Care in the normal course of business, as more fully defined in ORS 192.519. (10) "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. (11) “Protected Health Information” has the meaning given that term in 45 CFR 160.103. (12) “Required by Law” has the meaning given that term in 45 CFR section 164.103. (13) "Rule" means this Oregon Administrative rule 125-055-0100 through 125-055-0130. (14) “Secretary” means the Secretary of Health and Human Services (HHS) or any other officer or employee of HHS to whom the authority involved has been delegated. (15) “Security Rule” means the security standards for Electronic Protected Health Information found at 45 CFR Parts 160, 162, and 164. Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140 Statutes/Other Implemented: ORS 192.519; ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264 History: DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14 DAS 4-2010, f. & cert. ef. 11-15-10 DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11 DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05 Reverted to DAS 3-2003, f. & cert. ef. 6-27-03 DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05 DAS 3-2003, f. & cert. ef. 6-27-03 DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03