justicedao/ipfs_state_laws huggingface dataset:
737-020-0030 Curriculum and Completion Requirements (1) An approved curriculum must include a minimum of 90 minutes of instruction that includes: (a) Definition of distracted driving, including the types of distractions drivers face; (b) Review of both Oregon and national statistics as they relate to distracted driving; (c) Review of ORS 811.507; (d) Countermeasures to avoid distracted driving; (e) Driver responsibility; (f) Defensive driving; (g) Other rules of the road that relate to driving correctly and distraction free driving; (h) How physics and natural laws affect driving, including perception and reaction times; and (i) How physical, emotional, and psychological conditions affect driving. (2) A participant must demonstrate comprehension of at least 80% of the course content described above in order to successfully complete the course. (3) A written plan for the instructional session must include the following elements: (a) Overall objectives; (b) Materials and resources used and provided to participants for instruction; (c) Methods of assessment of participant comprehension and learning; and (d) A statement of standards for successful completion. (4) Current distracted driving avoidance instructional materials shall be provided by the approved provider to the participant in the classroom instruction. (5) At the end of each course, the provider must promptly issue a completion certificate to each participant who successfully completes the approved course. The completion certificate must contain, at a minimum, the name and business address of the approved provider, the name of the participant, the date of course completion, and a specific statement that the participant successfully completed the approved distracted driving avoidance course. (6) The distracted driving avoidance curriculum must be approved by ODOT-TSO or its designee prior to program implementation. The provider must review, update, and submit to ODOT-TSO the content at least every three years from date approval or upon request by ODOT-TSO. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 22-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0040 Provider Applications (1) On application for approval, a provider must submit the following: (a) Application on a form supplied by ODOT-TSO; (b) Curriculum materials, as identified in OAR 737-020-0030(1), (2), (3), and (4); and, (c) Policies as identified in OAR 737-020-0050(1). (2) A provider may not offer or begin a distracted driver avoidance course until the provider has been granted approved provider status by ODOT-TSO. (3) Each approved provider must identify an individual from within the approved program to be the contact person with the Division ensuring that all approved course requirements are met. (4) Incomplete applications will be returned to applicants by ODOT-TSO. (5) If an application for approval is denied, the applicant is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500. ODOT-TSO may deny applications for failure to satisfy curriculum or program standards as described in these rules or for misrepresentations during the application process. (6) Applications for renewal of approval are not required. Approved applicants will remain in approved status unless revoked or suspended by ODOT or unless the provider notifies ODOT-TSO that it will no longer provide distracted driving avoidance courses to the public. (7) If a provider is revoked for any reason, in addition to following all of the steps of application as provided in 737-020-0040, the provider must also demonstrate that the issues that led to the revocation have been remediated. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 23-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0050 Provider Responsibilities (1) Each approved provider must adopt written policies that include: (a) Participant fees and refunds; (b) Course failures and provision for repeat training by participants who failed to satisfy the course standards, if any; (c) How to manage instructors or participants that may be under the influence of intoxicants during instruction; and (d) Methods to ensure the online course attendee is, in fact, the participant that is identified to receive the course. (2) An approved provider must: (a) Notify ODOT-TSO in writing within 10 business days if: (A) There are changes to the point of contact identified on the application form, or any other provider contact information including but not limited to mailing address, business address, phone number, web address or email address; or, (B) The provider no longer meets or maintains the requirements set forth in these rules. (b) Comply with all statutes, administrative rules, and regulations related to an approved distracted driving avoidance course program provider; (c) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 737-020- 0060; (d) Respond to ODOT-TSO in writing, if requested, within 10 business days to any complaint forwarded by ODOT-TSO. (e) Be responsible for all aspects of the program and is required to maintain required records. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 24-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0060 Code of Ethics and Rules of Conduct (1) Each provider accepts the responsibilities and requirements of the driving education profession and must adhere to the highest ethical standards of professional conduct. (2) To fulfill their obligations to the public and to ODOT-TSO, the provider must: (a) Recognize that the instruction and training of participants is a position of trust; (b) Exhibit competence and wisdom in conducting professional responsibilities; (c) Uphold and obey the law, including but not limited to the provisions of the Motor Vehicle Code; and (d) Maintain and uphold the highest educational standards possible for instructing and training participants. (3) A provider may not engage in or knowingly allow any owner, administrator, manager, or employee of an approved provider to engage in any of the following: (a) Assist or knowingly allow a participant to fraudulently obtain certification for which the participant is ineligible or has not qualified; (b) Discriminate against a participant because of race, religion, national origin, size, disability, age, sex, or sexual orientation; (c) Possess any intoxicant or unlawful controlled substance or be under the influence of any intoxicant while providing instruction to course participants; or (d) Falsify any document or make a misrepresentation on an application, certification or any other record. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 25-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0070 Recordkeeping (1) The approved provider must maintain the following records: (a) A record for each participant who begins the provider’s distracted driving avoidance course, regardless of whether or not the participant completes an approved course, which includes at a minimum: (A) The date of the course; and (B) Whether or not the course was successfully completed. (b) The distracted driving avoidance course curriculum currently in use; and (c) Written policies and procedures required by these rules. (2) Records must be retained for five years. (3) Curriculum and instructional materials must be made available for review by ODOT-TSO on request. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 26-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-020-0090 Appeal Process and Reinstatement (1) Upon notification of suspension or revocation a provider is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500. (2) Except as provided for in section (3 ) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSO within 20 business days of the date of the notice. If a hearing request is received in a timely manner the suspension or revocation may not go into effect pending the outcome of the hearing. (3) Except as provided in OAR 137-003-0528, when no request for a hearing is received by the deadline, the approved provider has waived the right to a hearing, ODOT-TSO’s file must constitute the record of the case, and a default order must be issued by ODOT-TSO. (4) If a provider approval has been revoked, the provider may apply again after the full term of revocation and must meet all the requirements for application approval under 737-020-0040. (5) At the end of a suspension period, ODOT-TSO will reinstate the provider on the approved provider list upon verification that the provider has remedied any deficiencies and meets all the requirements for application approval. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 28-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018
737-025-0000 Purpose of the Rules ORS 184.740 establishes the Safe Routes to School Fund to assist communities in identifying and reducing barriers and hazards to children walking or bicycling to and from school. The purpose of the rules in division 25 is to establish the criteria used in awarding grants from the Safe Routes to School Fund. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0011 Safe Routes to School Program Purpose The Oregon Safe Routes to School Program consists of two parts: construction and education. Both programs focus on efforts that improve safety conditions for children to walk or bicycle to school. These programs are intended to address safety risks, such as any one of the components of a Priority Safety Corridor, and other safety needs considering the unique perspectives and behavior of children who walk or bicycle. A comprehensive Safe Routes to School program is inclusive of both education and construction elements. (1) Grant programs for Education projects are described in OAR 737-025-0012 through OAR 737-025-0080. (a) Education efforts include outreach, encouragement, training, evaluation, enforcement, and education services that identify and reduce barriers and hazards to children walking or bicycling to and from school. (b) Funding for the education projects may be provided by the Oregon Transportation Commission or, through other funding within the Safe Routes to School Fund (ORS 184.740) not subject to restrictions in Article IX, Section 3a of the Oregon Constitution. (2) Grant programs for Construction projects are described in OAR 737-025-0012, 737-025-0020 and 737-025-0090 through 737-028-0094. (a) Construction is the engineering element of Safe Routes to School. Efforts include the development, construction, reconstruction, repair, maintenance, or operational improvements of bikeways and walkways that reduce barriers and hazards to children walking or bicycling to and from school. (b) Funding for construction projects that comes from money directed into the Safe Routes to School Fund (ORS 184.740) by Oregon Laws 2017, chapter 750, section 71a, must be used in accordance with the Oregon Constitution, Article IX, Section 3a, and projects must be built within the public road right of way. Other funding may be provided by the OTC, donations, or other sources and may have different funding restrictions. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018
737-025-0012 Safe Routes to School Advisory Committee A Safe Routes to School Advisory Committee is formed to guide the Safe Routes to School Construction and Education programs. The committee is advisory to the Oregon Department of Transportation (ODOT) and the Oregon Transportation Commission (OTC), in consultation with the Oregon Transportation Safety Committee (OTSC). (1) The 10-15 member committee is composed of volunteer members representing interests including but not limited to: the OTSC, OBPAC, safe routes to school practitioners, school districts, eligible entities, and equity and safety representatives. (2) Committee members are appointed by the ODOT Director. (3) Committee members serve a four-year term and a maximum of two terms. (4) The Committee is responsible for setting project selection criteria and making project selection recommendations. Project selection recommendations go to the OTC for construction projects in the Competitive Program, to the ODOT Director for Rapid Response Program, and to the OTSC prior to the OTC for education. (5) The OTSC and OBPAC provide input on policy direction and guidance to the Safe Routes to School Advisory Committee. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020 TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018
737-025-0020 Grant Application Procedure (1) In January of odd-numbered years, ODOT will announce the schedules to submit grant applications for grants from the Safe Routes to School construction and education programs. Applications will not be accepted at times outside an announced application period. ODOT will make reasonable efforts to inform potential grant applicants of the grant schedule. (2) A Letter of Interest may be required for specific grant cycles and must be submitted by the applicant and accepted by ODOT prior to an application. (3) An applicant must complete an application in a format prescribed by ODOT and containing or accompanied by such information as ODOT may require within the prescribed time period. (4) Applicants for projects that are not funded during an application period may reapply during a subsequent application period announced by ODOT. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0030 Who May Apply for Education Grants Eligible applicants for SRTS Fund education grants include: (1) A school district, or a qualifying school not represented by a school district, in cooperation with the governing body (or bodies) with jurisdiction over the affected roadways or properties. The school district, or qualifying school not represented by a school district, must submit letters of support from such governing bodies stating their participation and endorsement as applicable to the project. (2) A city, county, state, regional government body, transit district or other unit of local government as defined by ORS 190.003, in cooperation with a school district or a qualifying school. The governing body must submit a letter of support from the qualifying school or affected school district stating its participation or endorsement as applicable to the project. (3) A non-profit organization in partnership with a school district, qualifying school, or one of the governmental bodies identified in section (1) or (2) of this rule. The application must include appropriate letters of support from the affected governing bodies. Additionally, if the organization is not a school, the application must include a letter of support from the affected school district, if applicable, stating its participation or endorsement. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0040 Eligible Projects and Activities for Education Grants Eligible Projects and Activities for Education Grants (1) Grants awarded through the Safe Routes to School Education Program may be used for projects or activities in: (a) Education; (b) Enforcement; (c) Safe Routes to School Infrastructure Plan Development; or (d) Any combination of the above. (2) All projects and activities must directly benefit a qualifying school. (3) All projects and activities must meet the eligibility criteria applicable and match requirements to the specific funds being dispensed. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0050 Grant Application Requirements for Education Grants An eligible applicant applying for an education grant from the SRTS Fund must submit an application following ODOT specifications in 737-025-0020. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 30-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0070 Project Selection Criteria for Education Grants The following criteria will be used to select projects to receive SRTS Fund grants: (1) Technical Merit: (a) Adherence to appropriate design standards or methodology if applicable. (b) Appropriate scope of work in relation to identified needs. (c) Emphasis on best practices learned from prior successful SRTS programs. (d) Efficient and cost-effective use of funds. (2) Benefit: (a) Potential to improve the ability of students to walk and bicycle to school. (b) Potential to reduce or avoid child injuries and fatalities. (c) Potential to reduce the barriers and hazards to children walking or bicycling to school. (3) Support and readiness: (a) Support of the school district, if applicable, and governing body for the project as demonstrated by a letter of support and endorsement. (b) Readiness to proceed with the project as demonstrated by a proposed start date, identification of other available funding, or other indicators as provided by the applicant. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0080 Project Selection and Awarding Education Grants (1) TSO will review the applications to determine if: (a) The applicant and the project are eligible for a SRTS Fund grant; and (b) The project proposal complies with the appropriate standards or practices for the work described. (2) The Safe Routes to School Advisory Committee will evaluate and rank eligible applications and submit funding recommendations to the OTSC. (3) TSO staff will present SRAC funding recommendations for projects to the OTSC in order to award grants based on the criteria established in OAR 737-025-0070. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 31-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 2-2018, amend filed 06/28/2018, effective 06/28/2018 TSD 1-2006, f. & cert. ef. 11-15-06
737-025-0090 Safe Routes to School Construction Grants Program Description Funds shall be provided for grants that support biking walking and bicycling infrastructure safety improvement projects to and from schools. (1) Project Identification Grant Program – up to 2.5 percent available funding shall go towards a project identification assistance grant that leads to the identification and eventual construction of projects that reduce barriers and hazards to children walking or bicycling to and from school, including but not limited to development of Safe Routes to School Infrastructure Plans described in OAR 737-025-0094. (2) Rapid Response Grant Program – up to 10 percent of available funding shall go towards a rapid response grant program. The Rapid Response Grant Program runs between the Competitive Grant Program selection cycles. (3) Competitive Grant Program – all remaining available funds shall be allocated to a competitive grant program, with a regularly reoccurring solicitation process. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018