justicedao/ipfs_state_laws huggingface dataset:
104-080-0190 Funding the Emergency Communications System (1) The Department distributes Emergency Communications Account monies to 9-1-1 jurisdictions quarterly, pursuant to ORS 403.240. (2) The Department shall maintain a current list of 9-1-1 jurisdictions eligible to receive and expend distributed 9-1-1 tax funds from the Emergency Communications Account. (3) The Department shall make payments for costs of the emergency communications system on behalf of a 9-1-1 jurisdiction as referenced in ORS 403.240 (3) (a), (b) and (c). Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 27-2023, minor correction filed 04/10/2023, effective 04/10/2023 OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018 OEM 3-2015, f. & cert. ef. 12-1-15
104-080-0210 Variance (1) A 9-1-1 jurisdiction may request a variance from these rules. Any variance from these rules, chapter 104, division 080, is subject to approval by the Department. Requests for a variance must identify from which division 080 rules, including rule section, the requester seeks a variance and include supporting documentation describing the equipment or services involved. The Department may require additional documentation or clarification at its discretion. (2) The Department will review the request for a variance from these rules. The request for a variance must demonstrate how the equipment or services involved creates efficiency in business processes beyond the minimum service requirements for the 9-1-1 jurisdiction in the operation of the PSAP. The Department will notify the 9-1-1 jurisdiction in writing if the request for a variance is approved or rejected and describe the reason for the decision. Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 30-2023, minor correction filed 04/10/2023, effective 04/10/2023 OEM 3-2015, f. & cert. ef. 12-1-15
105-001-0000 Notice of Rulemaking Prior to the adoption, amendment or repeal of any permanent rule, the Department of Administrative Services, Personnel Division, shall give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule. (2) By sending a copy of the notice to persons on the Department of Administrative Services’ mailing list established pursuant to ORS 183.335 at least 28 days before the effective date of the rule. (3) By sending a copy of the notice to: (a) The Associated Press; (b) Agency Heads; (c) Agency Personnel Managers; (d) Employee organizations certified by the Employment Relations Board if the rule affects employees represented by them; and (e) The Capitol Press Room. (4) By sending a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. Statutory/Other Authority: ORS 183.335, 183.341, 184.340, 240.250 & 240.145(3) Statutes/Other Implemented: ORS 183.335 & 183.341 History: HRSD 2-2006, f. & cert. ef. 11-13-06 HRSD 5-2003, f. 5-15-03, cert. ef. 5-21-03 PD 2-1994, f. & cert. ef. 8-1-94 PD 2-1989, f. & cert. ef. 12-1-89 PD 7-1981, f. & cert. ef. 12-18-81
105-001-0005 Model Rules of Procedure The Chief Human Resources Office adopts the Attorney General's Model Rules of Procedure under the Administrative Procedures Act as amended and effective January 1, 2024. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Attorney General or the Department of Administrative Services.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: CHRO 1-2025, minor correction filed 10/16/2025, effective 10/16/2025 HRSD 1-2006, f. & cert. ef. 1-30-06 HRMD 2-1996, f. 3-28-96, cert. ef. 4-1-96 PD 2-1994, f. & cert. ef. 8-1-94 PD 3-1992, f. & cert. ef. 3-17-92 PD 5-1990, f. & cert. ef. 12-21-90 PD 3-1988, f. & cert. ef. 4-8-88 PD 1-1986, f. & cert. ef. 2-11-86 PD 3-1983, f. & cert. ef. 10-14-83 PD 5-1981, f. & cert. ef. 12-1-81
105-020-0001 Comparability of Work (1) The Department of Administrative Services (DAS) shall use the Hay Method of job evaluation as the neutral and objective method to determine the comparability of the value of work performed by employees in the classified services within the State Executive Branch and the compensation and classification structure of the state system. (2) DAS shall use a neutral and objective method to determine the comparability of the value of work performed by State Executive Branch employees in unclassified and management service, except those employees and agencies identified in ORS 240.240 as exempt from ORS 240.240. DAS shall use this method to determine the compensation and classification system for these categories or service, pursuant to ORS 292.951. Statutory/Other Authority: ORS 184.340, 240.145 & 240.250 Statutes/Other Implemented: ORS 240.190, ORS 240.235, 240.240, 240.245, 292.951 & 292.956 History: CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 HRSD 8-2003, f. 5-15-03, cert. ef. 5-21-03 PD 2-1994, f. & cert. ef. 8-1-94, Renumbered from 105-030-0095 PD 2-1989, f. & cert. ef. 12-1-89 PD 4-1988, f. & cert. ef. 4-29-88
105-020-0015 Employee Contributions and Limitations to Retirement (1) The Department of Administrative Services shall deduct an employee’s PERS contribution directly from the employee's wages, unless in conflict with rule, law or collective bargaining agreement. (2) The contribution shall not be considered salary for tax purposes. (3) The employee's reported salary on the W-2 form shall be reduced by the amount of the employee’s PERS contribution. (4) A PERS participating member’s employee contribution ceases when the participating member’s salary reaches the salary limitation set forth in IRC § 401(a)(17) and ORS 238.005. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.340, 238.005, 240.145(3), 240.250, 26 USC § 414(h), IRC § 1.401(a)(17) & OAR 459-005-0525 Statutes/Other Implemented: 26 USC § 414(h), ORS 238.200, 238.205 & EO 94-23 & 26 History: CHRO 2-2020, amend filed 11/30/2020, effective 12/01/2020 CHRO 1-2020, temporary amend filed 09/24/2020, effective 09/24/2020 through 03/22/2021 CHRO 2-2019, amend filed 07/11/2019, effective 07/11/2019 CHRO 1-2019, temporary amend filed 01/18/2019, effective 02/01/2019 through 07/13/2019 CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 PD 1-1995, f. 3-31-95, cert. ef. 4-1-95 PD 3-1994(Temp), f. 12-23-94, cert. ef. 1-1-95
105-040-0001 Equal Employment Opportunity and Affirmative Action (1) Oregon State Government is committed to achieving a workforce that represents the diversity of the Oregon community and being a leader in providing its citizens with fair and equal employment opportunities. Accordingly: (a) State agency heads shall ensure: (A) Equal employment opportunities are afforded to all applicants and employees by making non-discriminatory employment related decisions; (B) Employment practices shall be in compliance with the state's Affirmative Action Guidelines, state and federal laws to: (i) Promote good faith efforts to achieve established affirmative action objectives; and (ii) Take proactive steps to develop diverse applicant pools for position vacancies. (b) The Department of Administrative Services (DAS) shall: (A) Maintain an automated affirmative action tracking system which uses a uniform methodology for communicating affirmative action objectives for each state agency. (B) Produce periodic reports showing Oregon State Government’s progress toward achieving established affirmative action objectives identified by the Chief Human Resources Office at DAS and the Governor’s Office of Diversity and Inclusion. (c) Persons, who believe they have been subjected to discrimination by an agency in violation of this rule, may file a complaint with the agency's affirmative action representative within 365 calendar days of the alleged act or upon knowledge of the occurrence. (2) Employment related decisions include, but are not limited to: (a) Hiring, (b) Promotion, (c) Demotion, (d) Transfer, (e) Termination, (f) Layoff, (g) Training, (h) Compensation, (i) Benefits, and (j) Performance evaluations; (3) Diverse applicant pools are developed by using proactive outreach strategies. (4) This rule does not preclude any person from filing a formal complaint in accordance with a collective bargaining agreement, or with appropriate state or federal agency under the applicable law. Statutory/Other Authority: ORS 184.340, 240.145 & 240.250 Statutes/Other Implemented: ORS 240.306 & 659A.012 - 659A.015 History: CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 HRSD 2-2008, f. & cert. ef. 11-4-08 HRSD 11-2003, f. 7-15-03, cert. ef. 7-21-03 PD 2-1994, f. & cert. ef. 8-1-94
105-050-0025 Injured Worker Preference for Light Duty Assignments (1) Definitions: (a) Agency-at-injury: The state agency that employed the injured worker when the compensable injury occurred. (b) Attending Physician: The physician primarily responsible for the injured worker’s care related to the compensable condition in the workers’ compensation claim. (c) Independent and semi-independent agencies: State executive branch agencies not subject to all of ORS 240. (d) Light duty assignment: A transitional assignment of an injured worker while the worker is recovering from job-related injuries or illnesses to duties within the worker’s capacities and restrictions specified in writing by the worker’s attending physician. (2) If feasible, agencies-at-injury will make light duty assignments for injured workers after an attending physician authorizes a worker to return to work with temporary restrictions that preclude the worker from performing some or all of the worker’s regular job duties. (3) To identify light duty assignments, agencies-at-injury: (a) Where feasible, temporarily modify a worker’s regular job duties by removing or modifying those duties that conflict with physical restrictions specified by an injured worker’s attending physician. (b) If it is not feasible to remove or modify the worker’s regular job duties to be consistent with the worker’s restrictions, the agency-at-injury considers other work the agency may temporarily assign to the injured worker. (c) If no light duty assignments are available within the agency-at-injury, the agency-at-injury may contact the Chief Human Resources Office (CHRO) or other executive branch agencies for assistance in locating light duty assignments. (d) Agencies-at-injury monitor, adjust, or terminate temporary light duty assignments as appropriate. (e) An injured worker temporarily assigned light duty work in another agency remains an employee of the agency-at-injury. (f) CHRO may develop policies to implement this rule. [ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).] Statutory/Other Authority: ORS 240.145, 240.250 & 659A.052 Statutes/Other Implemented: ORS 240.306, 659A.043, 659A.046 & 659A.052 History: CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 HRSD 3-2009, f. 12-30-09, cert. ef. 1-1-10 HRSD 2-2009(Temp), f. & cert. ef. 11-2-09 thru 2-28-10 HRSD 1-2009(Temp), f. 6-25-09, cert. ef. 7-1-09 thru 12-27-09
105-050-0030 Injured Worker Preference for Entry-Level Positions (1) Definitions: (a) Agency-at-injury: The state agency that employed the injured worker when the compensable injury occurred. (b) Attending Physician: The physician primarily responsible for the injured worker’s care related to the compensable condition in the workers’ compensation claim. (c) Independent and semi-independent agencies: State executive branch agencies not subject to all of ORS 240. (d) Entry-level position: All limited competitive and non-competitive appointment classifications listed in OAR 105-040-0060; all classifications defined as entry in their title; single-level classifications and the first level of a classification series. (2) Injured workers who make a timely demand for reemployment to available, suitable employment in accordance with Oregon Administrative Rule 839-006-0135 may also request consideration for permanent appointment to entry-level positions. (a) The injured worker, seeking such reemployment, submits a written request to the agency-at-injury noting the specific entry-level positions to which he or she seeks appointment along with an updated employment application form. (b) An agency-at-injury, subject to ORS 240, after receiving an eligible injured worker’s request for permanent reemployment in a suitable or entry-level position, places the injured worker on the injured worker list for suitable and entry-level positions. (c) The Chief Human Resources Office provides relevant information to semi-independent and independent state agencies regarding the injured workers who are eligible for reemployment to available, suitable, and entry-level positions. (d) Independent and semi-independent state agencies give priority consideration according to subsection (2)(f) of this rule, to injured workers from other executive branch agencies who make a timely demand for reemployment. (e) CHRO places workers injured in an independent or semi-independent agency on the injured worker list for appropriate classifications following receipt of notice from an independent or semi-independent agency of the injured worker’s timely demand for reemployment to suitable and entry-level positions. (f) All executive branch agencies, when filling vacancies, subject to the restrictions of an applicable collective bargaining agreement, offer entry-level and suitable positions to injured workers who meet the minimum and special qualifications of the position and can perform the duties within permanent restrictions. [ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).] Statutory/Other Authority: ORS 240.145, 240.250 & 659A.052 Statutes/Other Implemented: ORS 240.306, 659A.043, 659A.046 & 659A.052 History: CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 HRSD 3-2009, f. 12-30-09, cert. ef. 1-1-10 HRSD 2-2009(Temp), f. & cert. ef. 11-2-09 thru 2-28-10 HRSD 1-2009(Temp), f. 6-25-09, cert. ef. 7-1-09 thru 12-27-09
111-001-0000 Notice of Proposed Rule Changes Prior to adoption, amendment, or repeal of any permanent rule, the Oregon Educators Benefit Board (OEBB) will give notice of the intended action: (1) In the Secretary of State's Bulletin at least 21 days before the effective date as provided in ORS 183.335. (2) By mailing or electronically transmitting a copy of the notice to persons on the OEBB mailing list at least 28 days before the effective date of the rule as provided in ORS 183.335. Notice will be mailed electronically unless the recipient requests or approves the use of non-electronic mail; and (3) By mailing, or transmitting by electronic mail, a copy of the notice to: (a) The Associated Press; (b) The Capitol Building Press Room; (c) Oregon Education Association; (d) Oregon School Board Association; (e) Confederation of Oregon School Administrators; (f) Oregon Federation of Teachers, Education and Health Professionals; (g) Oregon School Employees Association; (h) Oregon Community College Association; (i) School and education service district superintendents, school board chairs and district payroll officers; (j) AFT Oregon; (k) The Oregon State Bar Association; and (l) The state legislator who introduced legislation that created the need for a rule to be adopted, amended, or repealed, and the chair or co-chair of all committees that reported the bill out. If notice cannot be given to the legislator, notice will be provided to the Speaker of the House of Representatives and the President of the Senate. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: ORS 183.310-183.550, 192.660, Sec. 3(1) & Ch.7 OL 2007 History: OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-001-0005 Uniform and Model Rules of Procedure The Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedure Act, dated 2024, are adopted as rules of procedure of the Oregon Educators Benefit Board and are made a part of OAR chapter 111. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedures is available from the office of the Attorney General or the Oregon Educators Benefit Board.] Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 183.310-183.750 History: OEBB 1-2025, amend filed 10/06/2025, effective 10/06/2025 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-002-0005 Powers and Duties of the Board (1) Pursuant to ORS 243.864, it will be within the powers and duties of the Board to study all matters connected with providing adequate benefit plan coverage for Eligible Employees, Eligible Early Retirees and their Dependents, with concern for the welfare of the Employees, Eligible Early Retirees and their Dependents and affordability for the Entities. (2) The Board will design benefit plans, devise specifications, invite proposals, analyze responses to requests for proposals, and decide on the award of contracts for benefit plan coverage of Eligible Employees, Eligible Early Retirees and their Dependents. (3) The Board will work collaboratively with Educational Entities, members, carriers and providers to offer value-added benefit plans that support improvement in members’ health status, hold carriers and providers accountable for outcomes, and provide affordable benefits and services. The board will place emphasis on: (a) Employee choice among high-quality benefit plans; (b) A competitive marketplace; (c) Benefit plan performance and information; (d) Entity flexibility in benefit plan design and contracting; (e) Quality customer services; (f) Creativity and innovation; (g) Benefit plans as part of total employee compensation; (h) Improvement of employee health; (i) An innovative delivery system; (j) A focus on improving quality and outcomes; (k) Promotion of health and wellness; (l) Appropriate provider, health plan, and consumer incentives; (m) Accessible and understandable information about costs, outcomes, and other health data; and (n) Benefits that are affordable to the Entities and Employees, Eligible Early Retirees and their Dependents. (4) The Board may retain consultants, brokers, or other advisory personnel as it determines necessary and will employ such personnel as are required to perform the functions of the Board. (5) The Board may delegate authority to the Administrator and Staff to complete duties described in (2)–(4) above. Statutory/Other Authority: ORS 243.864 - 243.886 Statutes/Other Implemented: ORS 243.864(1)(a) History: OEBB 8-2017, amend filed 11/07/2017, effective 11/07/2017 OEBB 4-2017, amend filed 11/06/2017, effective 11/07/2017 OEBB 9-2011, f. & cert. ef. 5-3-11 OEBB 17-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-002-0010 Conduct of Meetings of the Board (1) The board will select one of its appointed voting members as chair and another voting member as vice chair. (2) The chair will conduct and control meetings of the board. The vice chair will preside over meetings in the absence of the chair. A majority vote of the board will designate the member to preside over meetings in the absence of the chair and the vice chair. (3) All meetings of the board will be conducted according to Oregon Public Meetings Law, ORS 192.610 to 192.690. (4) A person must not smoke any cigar or cigarette, or use tobacco in any form in meetings of the board. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: ORS 183.310-183.550, 192.660, 292.051, Sec. 2 & 3 & Ch. 7 OL 2007 History: OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0010 Policy The policy of the Oregon Educators Benefit Board (OEBB) is to select Contractors and Consultants in an expeditious, fair, and efficient manner that is consistent with the goal of delivering high-quality benefits and other services at a cost that is affordable to the Eligible Employees, Dependents, Eligible Domestic Partners, and Eligible Early Retirees, and meets the requirements of ORS 243.866. The Board may enter into more than one Contract for each type of Benefit Plan or other service sought. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0015 Renewal, Screening and Selection for Benefits, Vendor and Personal Services Contracts (1) The Board is charged with the obligation of obtaining Benefit Plans for Eligible Employees, Dependents, Eligible Domestic Partners, and Eligible Early Retirees. Oregon Administrative Rules (OARs) 111-005-0040 through 111-005-0080 set forth the screening, selection, and renewal processes to be used for all such Benefit Plans. The Board has sole authority to procure all Benefit Plans and services contemplated by ORS 243.860 through ORS 243.886. (2) Except as provided in OARs 111-005-0040 through 111-005-0080, the Board adopts the DOJ model public contract rules in OAR 137, division 46 (General Provisions Related to Public Contracting) and division 47 (Public Procurements for Goods or Services) as the contracting rules that shall apply to its Contracts. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Sec. 19 & Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0044 Small Procurement Process For a Small Procurement, OEBB may procure Contractor services in any manner it deems practical, including by direct selection, negotiation and award. (1) Award of Contracts. OEBB will base selections on evaluation criteria which may include, but is not limited to, contractor availability; capability; experience; approach; compensation requirements; previous litigation and remedy applied; customer service history with the OEBB, members and clients; debarment status; and references. Emphasis will be placed on quality customer service, creativity, affordability, and innovation and the improvement of employee health. (2) Contract. The selected Contractor must promptly execute the Contract. OEBB will execute the Contract only after obtaining all applicable required documents and approvals. (3) An amendment for additional services shall not increase the total contract cost to a sum that is greater than twenty-five percent of the original contract cost. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Sec. 19 & Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08