justicedao/ipfs_state_laws huggingface dataset:
644-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Sheep Commission no later than the 15th day of the calendar month following the end of the quarter for which the member seeks compensation. For example, claims for compensation for July 1-September 30 must be submitted by October 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: SHEEP 1-2022, adopt filed 03/16/2022, effective 03/23/2022 SHEEP 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/20/2022
644-040-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Sheep Commission no later than the 15th day of the calendar month following the end of the quarter for which the member seeks compensation. For example, claims for compensation for July 1-September 30 must be submitted by October 15. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $25 must be authorized by the Oregon Sheep Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: SHEEP 1-2022, adopt filed 03/16/2022, effective 03/23/2022 SHEEP 1-2021, temporary adopt filed 09/22/2021, effective 09/25/2021 through 03/20/2022
645-001-0000 Procedure for Notice of Intended Rulemaking So as to provide a reasonable opportunity for interested persons to be notified of the Commission’s proposed administrative rulemaking actions, the Commission shall give notice of it’s proposed adoption, amendment, or repeal of any administrative rule in the following manner: (1) By causing the notice to be published 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 mailing a copy of the notice to persons on a list maintained by the Oregon Dungeness Crab Commission, established pursuant to ORS 183.335(7), at least 28 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to; (a) The Associated Press; (b) Associations with an interest in the Commission’s rulemaking and publications whose readers have an interest in the Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the Commission. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 & 576 History: ODCC 1-2000, f. & cert. ef. 12-15-00 DCC 1, f. 12-28-77, ef. 1-1-78
645-010-0005 Definitions (1) “Person” means any individual, corporation, association, partnership, or joint stock company. (2) “Commission” means the Oregon Dungeness Crab Commission. (3) “First Purchaser” means any person who buys Dungeness Crab landed in Oregon from the fisherman in the first instance, or handler who receives the Dungeness Crab in the first instance from the fisherman for resale or processing. (4) “Fisherman” means any individual participating directly or indirectly in the commercial harvest of Dungeness Crab for consumer comsumption. (5) “Handler” means any fisherman, processor, distributor, or other person engaged in handling or marketing of or dealing in Dungeness Crab, whether as owner, agent, employe, broker, or otherwise. (6) Dungeness Crab includes cancer magister and all species of magister dana. All Dungeness Crab sold commercially are to be included. Statutory/Other Authority: ORS 576.051 - 575.585 Statutes/Other Implemented: ORS 576 History: DCC 2, f. 12-28-77, ef. 1-1-78
645-010-0010 Temporary rule language in effect until 06/08/2026. Assessments Any person who is a first purchaser as defined in ORS Chapter 576, shall deduct and withhold an assessment at the rate of .75% of the cash value of the raw product of Dungeness Crab. This assessment deduction shall be made upon the incoming revenue thereof, for Dungeness Crab taken by crab fishing and delivered in Oregon. Statutory/Other Authority: ORS 576.305 - 576.355 Statutes/Other Implemented: ORS 576.305 History: ODCC 1-2025, temporary amend filed 12/11/2025, effective 12/11/2025 through 06/08/2026 DCC 1-1988, f. 11-2-88, cert. ef. 11-15-88 DCC 2-1984, f. 8-17-84, ef. 9-1-84 DCC 1-1981, f. 10-13-81, ef. 12-1-81 DCC 2, f. 12-28-77, ef. 1-1-78
645-010-0015 Reports and Payment of Assessment Moneys First purchasers and handlers must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser of Oregon Dungeness Crab in the previous month. Assessment reports are due in the commission office by 5:00 p.m. on the 30th day of each month for all purchases or deliveries of Oregon Dungeness Crab in the previous month. Penalties and interest will apply on the first day of the month following the due date. EXAMPLE: Assessment reports and fees are due on April 30th for March purchases and deliveries. Penalties and interest will be applied on May 1st. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 576.335(1) & 576.304(14) History: ODCC 1-2013, f. 6-24-13, cert. ef. 7-5-13 Reverted to ODCC 1-2000, f. & cert. ef. 12-15-00 ODCC 1-2010(Temp), f. & cert. ef. 2-23-10 thru 7-31-10 ODCC 1-2000, f. & cert. ef. 12-15-00 DCC 2, f. 12-28-77, ef. 1-1-78
645-010-0020 Penalties (1) Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states, "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of assessment." (2) The commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04 DCC 2, f. 12-28-77, ef. 1-1-78
645-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS 576.155 and OAR 645-010-0015(1), or the reports required under 645-010-0015, applies to and covers any purchases by him or delivery on or after November 15, 1988, of Dungeness Crab landed in Oregon. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: DCC 1-1988, f. 11-2-88, cert. ef. 11-15-88 DCC 2, f. 12-28-77, ef. 1-1-78
645-020-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Dungeness Crab Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODCC 1-2019, adopt filed 06/05/2019, effective 06/05/2019
645-020-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at P.O. Box 1160, Coos Bay, OR 97420. If the written request is submitted in person to the commission at this address, the requester must deliver it during the commission’s business hours. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODCC 1-2019, adopt filed 06/05/2019, effective 06/05/2019
645-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 645-020- 0050 , the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 645-020- 0060 , or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODCC 1-2019, adopt filed 06/05/2019, effective 06/05/2019
645-020-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 645-020- 0060 . (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODCC 1-2019, adopt filed 06/05/2019, effective 06/05/2019
645-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 645-020- 0020 . (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees; (e) Copies, media, and postage fees will be based on current rates. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODCC 1-2019, adopt filed 06/05/2019, effective 06/05/2019
645-030-0010 Number of Commissioners, Terms The Oregon Dungeness Crab Commission will consist of eight commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04
645-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Oregon Dungeness Crab Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of Dungeness crab; (b) A majority of the members will be producers; (c) Two members will be handlers; (3) In addition to the qualifications set forth in subsection (2) of this rule, at least 1 member shall be a producer from each of the following major coastal ports: (a) Astoria; (b) Newport; (c) Charleston; (d) Brookings. (4) Notwithstanding subsection (3) of this section, if a position remains vacant for more than three months following reasonable efforts to recruit a member from a particular region, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person’s term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04
645-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two unexcused absences annually, or other neglect of duty in office; (2) Use of the commission appointment for financial gain or to avoid financial detriment; (3) Unauthorized use or disclosure of confidential information; (4) Conduct in violation of Oregon government standards and practices laws; (5) Misappropriation or misuse of commission funds; (6) Failure to satisfy one or more qualifications for appointment. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04
645-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Commission will elect from its members a Chair and a Vice Chair who will serve until their successors are elected and qualified. The Chair or Vice Chair may resign as such or may be removed from that position by vote of four Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04
645-040-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Dungeness Crab Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Dungeness Crab Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Dungeness Crab Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Dungeness Crab Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Dungeness Crab Commission, either at the request of the chair of the Oregon Dungeness Crab Commission or as authorized in advance by a vote of the Oregon Dungeness Crab Commission; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Dungeness Crab Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Dungeness Crab Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Dungeness Crab Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: ODCC 1-2022, adopt filed 03/11/2022, effective 03/11/2022 ODCC 1-2021, temporary adopt filed 09/23/2021, effective 09/25/2021 through 03/23/2022
645-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 645-040 - 0130 and OAR 645-040-0140, the Oregon Dungeness Crab Commission shall provide to a qualified member of the Oregon Dungeness Crab Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Dungeness Crab Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Dungeness Crab Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: ODCC 1-2022, adopt filed 03/11/2022, effective 03/11/2022 ODCC 1-2021, temporary adopt filed 09/23/2021, effective 09/25/2021 through 03/23/2022
645-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 645-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Dungeness Crab Commission shall provide to a non-qualified member of the Oregon Dungeness Crab Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 645-040-0140, the Oregon Dungeness Crab Commission shall provide to a non-qualified member of the Oregon Dungeness Crab Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Dungeness Crab Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Dungeness Crab Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: ODCC 1-2022, adopt filed 03/11/2022, effective 03/11/2022 ODCC 1-2021, temporary adopt filed 09/23/2021, effective 09/25/2021 through 03/23/2022