justicedao/ipfs_state_laws huggingface dataset:
750-040-0040 Enforcement. (1) The State Board of Towing may issue a Notice of Proposed Disciplinary Action for violation(s) of the laws administered, or administrative rules adopted, by the Board. (2) The Board Administrator or the Administrator’s designee will have the authority to negotiate and approve a stipulated settlement at any time prior to the effective date of a Final Order issued by the Board. Statutory/Other Authority: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-060-0001 Consumer Protection and Complaints. (1) The objective of the State Board of Towing is to safeguard the health, safety, and public welfare of the people of Oregon by: (a) Providing education to the public and the towing industry; (b) Establishing professional industry standards; (c) Investigating complaints and concerns of the public regarding the towing industry; and (d) Enforcing the laws and administrative rules regulating the towing industry in Oregon. (2) Considerations for the protection of the safety and wellbeing of the public include: (a) Standards and classifications for professional tow trucks and equipment used for commercial towing and recovery operations is essential. (b) Encouragement of a competitive and trained professional towing industry by establishing a uniform and equitable system for the standardization and regulation of the tow industry. (c) The use of nonqualified tow truck companies or private motor vehicles to tow or recover for hire or compensation. (d) A private citizen, a tower, or tow truck company responding in good faith to life-threatening emergency situations. (3) Every tow in Oregon is authorized: (a) With the informed consent of the vehicle owner, operator, or the person who has legal control and custody of the vehicle, OR (b) Under the legal authorization of law enforcement, other agency, or property owner, or the property owner’s agent, or other person with the legal authority to have the vehicle towed or impounded, OR (c) Under the direction of the vehicle owner's service representative. (4) Towers cannot independently identify vehicles to be towed for the purpose of creating their own towing business or soliciting towing business when prohibited by law. Statutory/Other Authority: ORS 822.265, ORS 98.853, ORS 98.854, ORS 98.856, ORS 822.275, ORS 822.285, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2025, amend filed 12/31/2025, effective 01/01/2026 SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-060-0010 Consumer Protection Committee. (1) The State Board of Towing may appoint a Consumer Protection Committee comprised of three Board Members, but no more than two tow industry members, to: (a) Provide direction and consultation to Board Staff; and (b) Make recommendations for action to the Board when necessary. (2) Any Board member or Board staff who has a conflict of interest to a complaint will declare the conflict and will not participate in any Committee activity concerning the complaint. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-060-0020 Complaints. (1) Any person, business, agency, or other entity may file a complaint with the State Board of Towing regarding the conduct of a tow business certificate holder, its employer or representative, an individual tow operator, or any person or business representing themselves as a tow business, a tow operator, or engaging in the practice of towing in the State of Oregon. (2) Complaints made to the Board must include a detailed explanation of: (a) The approximate date, time, and location of the adverse event or subject of the complaint. (b) A description of the conduct or events that occurred. (c) A description of damage or loss suffered by Complainant. (d) Copies, if available, of any pictures, receipts, correspondence, or other documentation supporting the allegations of the Complaint. (3) Complainants will not be considered a party to a Board compliance case or disciplinary action. (4) Complaints will be initially reviewed by the Board Administrator to: (a) Assess Board jurisdiction and authority to address the issue(s) raised; and (b) To assure there is sufficient evidence to justify proceeding to investigate and to determine if the allegations against the Respondent are such that, if proven, could result in disciplinary action being imposed by the Board. (5) Written acknowledgement of a complaint and the result of the initial review will be sent to the Complainant within thirty (30) calendar days from the receipt of the complaint. (6) Every complaint and initial response will be presented during Executive Session of the next regularly scheduled meeting of the Board. (7) Any Board member or Board staff who has a conflict of interest to a complaint will declare the conflict and will not participate in the investigation, disposition, or other activity concerning the complaint. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0001 Purpose of Investigations. The purpose of an investigation conducted by the State Board of Towing is to: (1) Investigate the allegations of a complaint; (2) Investigate information indicating potential violations of Oregon’s laws and administrative rules regulating the towing industry; (3) Verify compliance with Oregon’s laws and administrative rules regulating the towing industry or with any Order issued by this Board or another Oregon jurisdiction; and (4) Obtain sufficient, credible, and verifiable evidence of violation of the laws or rules administered by the Board to justify issuance sanctions or such other action as the circumstances may warrant. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0010 State Board of Towing Investigations (1) The State Board of Towing may investigate a complaint when: (a) The complaint subject appears to be within the Board’s jurisdiction and authority, and (b) There is sufficient evidence to justify a Board investigation to determine if the allegations against the Respondent(s) are such that, if proven, could result in disciplinary action being imposed by the Board. (2) The Board Administrator oversees the investigation process on behalf of the Board and serves as the primary point of contact. (3) To the extent permitted by law, the Board will cooperate with other regulatory boards and other agencies when conducting an investigation. (4) Nothing in this section is intended to limit the Board's authority to initiate and conduct investigations on the Board’s own motion. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0020 Investigations of Violations or Complaints. (1) The State Board of Towing may delegate its investigative powers and authority for purposes of initiating and carrying out investigations. (2) In the conduct of investigations, the Board may: (a) Take evidence. (b) Take the depositions of witnesses. (c) Compel the appearance of witnesses before the Board. (d) Compel the production of documents or other information deemed necessary to carry out the investigation. (3) In exercising its authority under ORS 822.275 and subsection (2) of this section, the Board may issue subpoenas over the signature of the board Chairperson, Vice Chairperson or to the Board Administrator as delegated by the Board. Statutory/Other Authority: ORS 822.265, ORS 822.275, ORS 822.280, ORS 822.285, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.275 & ORS 822.280 History: SBOT 1-2025, amend filed 12/31/2025, effective 01/01/2026 SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0030 Cooperation in Board Investigations. (1) Every tower, tow business, and their representatives and employees, regardless of tow business certificate status, having information regarding a possible violation of the administrative rules or laws governing the towing industry in Oregon must cooperate with the State Board of Towing investigations in furnishing such information in order that appropriate investigative, corrective, or disciplinary action may be taken. (2) Failure by a tow operator, a tow business, their representative or employee to cooperate with a Board investigation is grounds for disciplinary action. (3) Cooperation in a Board investigation includes, but is not limited to: (a) Submitting client or business records relevant to the investigation, excepting confidential information protected by law; (b) Being available for a personal interview in support of a Board investigation during reasonable hours; (c) Responding and directly answering questions asked during an interview or investigation; (d) Verbally providing information reasonably known at the time of the interview or investigation; and (e) Allowing access, during business hours, of the business premises and equipment for inspection if required to conduct a Board investigation into the allegations of a complaint. (4) Respondents named in a complaint, or their representatives, may be personally interviewed or may be given an opportunity to provide a written response to the complaint as part of a Board investigation. (a) Written responses, records, and other information requested by or on behalf of the Board must be provided to the Board office within 21 calendar days after the Board request is personally served, mailed by USPS regular, or sent by electronic mail, unless an extension is authorized by the Board Administrator. (b) Written responses, records, or other information requested but not received at the Board's office within 21 calendar days may not be considered in the Board's investigation. (5) Failure of a respondent, tower, tow business, or their representative or employee to provide information or documentation requested by the Board: (a) May not delay or otherwise impede the Board's investigation or any related disciplinary proceedings. (b) May be deemed as a waiver of objection or waiver to engage in an investigation, and may be treated as a no contest response for purposes of the Board's investigation and disciplinary proceedings. Statutory/Other Authority: ORS 822.265, ORS 822.275, ORS 98.853, ORS 98.854,, ORS 98.856, 822.280, ORS 822.285, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.275 & ORS 98.853 History: SBOT 1-2025, amend filed 12/31/2025, effective 01/01/2026 SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0040 Investigation Reports. (1) The purpose of an investigation report is to provide the State Board of Towing with enough information to determine whether violations of one or more laws or administrative rules occurred and to take action when appropriate. (2) An investigation report will be completed and submitted to the Board within120 days after the Board receives the complaint. (a) The Board may extend the time for submitting the report by up to 30 days after case review and Board vote. (b) The Board may grant more than one extension of time. (3) The investigation report, exhibits, and other case information will be reviewed by the Board during Executive Session at a scheduled board meeting. (a) The Board will evaluate all evidence obtained during the investigation, including the original complaint, and any documents or statements received from the Complainant, Respondent, law enforcement, or other parties. (b) If the evidence is insufficient to justify further Board action, the Complainant and Respondent will be notified in writing. (c) If the evidence is sufficient to justify further action, the Board will determine appropriate action during public session of a regular or special meeting. (4) Investigatory information obtained during a Board investigation or contained in a written report to the Board is confidential and will be exempt from public disclosure unless otherwise required by law. (5) Investigation Reports, Incident Reports or official documents submitted by a law enforcement agency, a Municipal, Justice, or County Court, state regulatory agencies, or another official board, agency, or other entity may be accepted by the Board as a Board Investigation Report. Statutory/Other Authority: ORS 822.265 Statutes/Other Implemented: ORS 822.265 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-070-0050 Board Actions After Investigations. Upon completion of an investigation the State Board of Towing may: (1) Close the investigation and take no action. (2) Issue a letter of concern, reprimand, or instruction. (3) Issue a Notice of Proposed Action proposing disciplinary action. (4) Enter into a stipulated agreement with the Respondent to impose discipline. (5) Take such other disciplinary action as the Board, in its discretion, finds proper and reasonable, including assessment of a civil penalty under the Board’s Civil Penalty Fee Schedule, OAR 750-080-0040. Statutory/Other Authority: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-080-0001 Progressive Discipline. (1) The goal of progressive discipline is to correct behavior and conduct, deter a person or entity from repeating the conduct, and educate the person or entity to improve compliance with applicable laws and rules. (2) Progressive discipline includes increasingly severe steps or measures against a person, persons, or entity when there is a failure to correct behavior or conduct, or when subsequent instances of inappropriate behavior and conduct occur. (3) The State Board of Towing will evaluate relevant and mitigating factors to determine whether to issue a non-disciplinary educational letter or letter of concern, or to issue discipline through reprimand, suspension, revocation, or civil penalties. (4) Board disciplinary action will comply with ORS chapter 183. Statutory/Other Authority: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-080-0020 Mitigating Circumstances. The State Board of Towing may consider the following mitigating circumstances prior to issuing or imposing a non-disciplinary or disciplinary action under this section: (1) The person or entity’s history in observing the provisions of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 and the rules of the Board under OAR Chapter 750; (2) The nature of the violation; (3) The effect of the violation on public safety and welfare; (4) Whether the conduct or action(s) was inadvertent or intentional; (5) The person’s experience and education; (6) The degree to which the action subject to sanction violates professional ethics and standards of the profession; (7) The level of cooperation and engagement in the Board’s investigation; (8) The economic and financial condition of the person or entity subject to sanction; and (9) Any mitigating or aggravating factors the Board may choose to consider. Statutory/Other Authority: ORS 822.265 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 & ORS 822.995 History: SBOT 1-2023, adopt filed 10/31/2023, effective 01/01/2024
750-080-0030 Disciplinary Actions and Sanctions. (1) The State Board of Towing may order the Department of Transportation to deny, suspend, revoke or refuse to renew a towing business certificate pursuant to ORS 822.280. (2) The Board may order the Department of State Police to deny, suspend, condition or revoke a letter of appointment to participate on the rotational list of towing businesses established under pursuant to ORS 822.290. (3) The Board may assess a civil penalty under ORS 822.995 according to the Schedule of Civil Penalties under OAR 750-080-0040. (4) Respondents have the right to a contested case hearing to contest the findings of the Board or proposed disciplinary action, provided the written request for a hearing is received by the Board within 20 days of the date the Notice of Proposed Disciplinary Action was issued, except as required under ORS 183. (5) The Board may assess reasonable costs, fees, and expenses of a disciplinary proceeding against the Respondent(s), including, but not limited to: (a) Costs and fees incurred by the Board in conducting the investigation. (b) Attorney fees. (c) Costs assessed by the Office of Administrative Hearings if the Board prevails at a contested case hearing requested by Respondent. Statutory/Other Authority: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 2-2023, adopt filed 10/31/2023, effective 01/01/2024
750-080-0040 Civil Penalty Schedule. (1) The State Board of Towing adopts the following Schedule of Civil Penalties: (a) 1st offense: $0 - $500 (b) 2nd offense: $500 - $1000 (c) 3rd offense: $1000 - $2500 (d) Additional offenses: Additional civil penalties, in an amount up to $25,000 per violation, as determined by the Board. (2) The Board may assess a civil penalty in an amount greater than the Schedule of Civil Penalty when it is determined by the Board that a particular violation or conduct is especially egregious or severe causing unnecessary risk or harm to the public and others. (3) In determining an appropriate civil penalty amount, the Board may consider the following: (a) The severity of the violation or its impact on the safety or wellbeing of the public; (b) The number of similar or related violations; (c) Whether a violation was willful or intentional; (d) The prior history of civil penalties and sanctions imposed by the Board or other regulatory agencies (e) Other circumstances determined by the Board to be applicable to the violation(s). Statutory/Other Authority: ORS 822.265 & ORS 822.995 Statutes/Other Implemented: ORS 822.265 & ORS 822.995 History: SBOT 2-2023, adopt filed 10/31/2023, effective 01/01/2024
750-080-0050 Effective Dates of Disciplinary Actions. (1) The State Board of Towing will forward a Final Order to deny, suspend, revoke or refuse to renew a towing business certificate to the Department of Transportation 60 days after the date of a Final Order pursuant to ORS 822.280. (2) The Board will forward a Final Order to deny, suspend, revoke or refuse to renew a letter of appointment to the Department of State Police 60 days after the date of a Final Order pursuant to ORS 822.290. (3) A Civil Penalty and reasonable cost imposed by the Board becomes due and payable 10 days after the Notice imposing the civil penalty becomes a Final Order. (4) Civil Penalties and reasonable costs not paid within 60 days of the date of a Final Order will be referred to the Oregon Dept. of Revenue for collection pursuant to ORS 293.231. (5) Terms of Conditions under a Stipulated Agreement and Final Order or Voluntary Surrender of Certification are effective on the date of the Respondent’s signature unless otherwise specified in the written agreement. (6) A Stipulated Agreement and Final Order, Voluntary Surrender, or other agreement between the Board and a Respondent settling a disciplinary case under agreed terms and conditions requires Board ratification and approval. Statutory/Other Authority: ORS 293.231, ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 Statutes/Other Implemented: ORS 293.231, ORS 822.265, ORS 822.280, ORS 822.290 & ORS 822.995 History: SBOT 2-2023, adopt filed 10/31/2023, effective 01/01/2024
800-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, except temporary rules adopted under ORS 183.335(5), the State Board of Tax Practitioners shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin. (2) By mailing a copy of the notice to persons who have requested such notice. (3) By mailing a copy of the notice to the following organizations or publications: (a) Associated Press; (b) Oregon Association of Tax Consultants; (c) Oregon Society of Tax Consultants; and (d) Oregon Association of Independent Accountants; (e) Oregon Society of Enrolled Agents. Statutory/Other Authority: ORS 183.341(4) Statutes/Other Implemented: ORS 183.341(4) History: BTP 1-2015, f. 1-16-15, cert. ef. 2-1-15 TSE 1-1995, f. & cert. ef. 5-5-95 TSE 1-1993, f. & cert. ef. 2-23-93 TSE 2-1987, f. & ef. 10-2-87 TSE 4-1981, f. & ef. 8-13-81 TSE 5, f. & ef. 12-4-75
800-001-0005 Contested Cases (1) The Board of Tax Practitioners adopts the version of the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect as of December 1, 2024. (2) Pursuant to ORS 673.730(3) the Board may close a contested case hearing to members of the public so as to keep confidential personal financial information gathered by the Board pursuant to an investigation. Statutory/Other Authority: ORS 183.341(1)-(2) Statutes/Other Implemented: ORS 183.341(1)-(2) History: BTP 1-2025, amend filed 07/30/2025, effective 07/31/2025 BTP 3-2005, f. 8-31-05, cert. ef. 9-1-05 BTSE 1-2001, f. & cert. ef. 4-19-01 TSE 15-1991, f. & cert. ef. 12-20-91 TSE 2-1988, f. & cert. ef. 8-26-88 TSE 1-1986, f. & ef. 7-14-86 TSE 1-1985, f. & ef. 1-15-85 TSE 1-1982, f. & ef. 3-22-82 TSE 1-1980, f. & ef. 4-17-80 TSE 2-1978, f. & ef. 3-27-78 TSE 7, f. & ef. 4-20-76, Renumbered from 852-010-0005 TSE 1, f. 2-19-74, ef. 4-20-74 OPT 3-2014, f. 12-29-14, cert. ef. 1-1-15 OPT 2-2014, f. 11-28-14, cert. ef. 1-1-15 OPT 1-2013, f. & cert. ef. 1-3-13 OP 1-1991, f. & cert. ef. 4-12-91 OP 1-1987, f. & ef. 4-30-87 OE 2, f. 12-5-57
800-001-0010 Assistance in Hearing (1) The Board Administrator or Compliance Specialist is authorized to appear (but not make legal argument) on behalf of the agency in a hearing or in a class of contested case hearings in which the Attorney General or the Deputy Attorney General has given written consent for such representation. A copy of the list of contested case hearings for which the Attorney General or the Deputy Attorney General has given consent is maintained by the agency and the Department of Justice. (2) Legal argument as used in ORS 183.450(8) and this rule has the same meaning as in Model Rule OAR 137-003-0008(1)(d). (3) When an agency 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 a 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 183.452 & 673.730(10) Statutes/Other Implemented: ORS 183, 673.452 & 673.605–673.990 History: BTP 1-2003, f. & cert. ef. 9-23-03 TSE 7-1990, f. & cert. ef. 9-4-90
800-001-0015 Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases In addition to the notice requirements under the Attorney General's Model Rules of Procedure in effect as of December 1, 2024, the Notice to Parties in Contested Cases may include the statement that an Answer to the assertions or charges will be required, and if so, the consequence of failure to submit an Answer. A statement of the consequences of failure to submit an Answer may be satisfied by enclosing a copy of OAR 800-001-0005 through 800-001-0020 with the Notice. Statutory/Other Authority: ORS 183.341(2), OAR 137-003-0501(3), ORS 183.413(2)(e), 183.413(2)(g), 670.310(1) & 673.730(10) Statutes/Other Implemented: ORS 183.341(2), ORS 183.413(2)(e), 183.413(2)(g), 673.705-673.740 & 673.990(2) History: BTP 1-2025, amend filed 07/30/2025, effective 07/31/2025 BTSE 1-2001, f. & cert. ef. 4-19-01