justicedao/ipfs_state_laws huggingface dataset:
645-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Dungeness Crab Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 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: 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
645-040-0140 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 Dungeness Crab Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 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 $1000.00 must be authorized by the Oregon Dungeness Crab 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: 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
646-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending, or repealing any permanent rule, the Oregon Salmon Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Salmon Commission's mailing list, 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 Commission’s rulemaking and publications whose readers have an interest in Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183.335(1)(b) & 576 Statutes/Other Implemented: ORS 183.341(4) History: OSC 1-2001, f. & cert. ef. 8-17-01 OSC 1-1995, f. & cert. ef. 8-29-95 OSC 3-1984, f. & ef. 7-26-84
646-010-0005 Definitions (1) "Person" means any individual, corporation, association, partnership, or joint stock company. (2) "Commission" means the Oregon Salmon Commission. (3) "First Purchaser" means any person who buys ocean troll salmon landed in Oregon from the fisherman in the first instance, or handler who receives ocean troll salmon 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 troll caught ocean salmon for consumer consumption. (5) "Handler" means any fisherman, processor, distributor, or other person engaged in handling or marketing of or dealing in troll caught ocean salmon, whether as owner, agent, employe, broker or otherwise. (6) "Salmon" means all anadromous species of salmon, including but not limited to: (a) Oncorhynchus gorbuscha, commonly known as humpback, humpies or pink salmon; (b) Oncorhynchus keta, commonly known as chum or dog salmon; (c) Oncorhynchus kisutch, commonly known as coho or silver salmon; (d) Oncorhynchus nerka, commonly known as sockeye, red or blue back salmon; (e) Oncorhynchus tshawytscha, commonly known as chinook salmon. (7) "Casual Sale" means any casual sale or sales of troll caught ocean salmon made by the fisherman direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds. Statutory/Other Authority: ORS. 576 History: OSC 1-2001, f. & cert. ef. 8-17-01 OSC 2-1984, f. & ef. 6-20-84
646-010-0010 Assessments Any person who is a first purchaser as defined in ORS Chapter 576, shall deduct and withhold an assessment at the rate of one and one/half percent of the ex-vessel value of the raw product of salmon. This assessment deduction shall be made upon the incoming revenue thereof, for salmon taken by troll fishing and delivered in Oregon. All casual sales of troll caught ocean salmon shall be exempt from the assessment. (See definition of "Casual Sales") Statutory/Other Authority: ORS 576 History: OSC 1-2001, f. & cert. ef. 8-17-01 OSC 1-1990, f. 3-29-90, cert. ef. 5-1-90 OSC 2-1987, f. 4-6-87, ef. 5-1-87 OSC 2-1984, f. & ef. 6-20-84
646-010-0015 Report and Payment of Assessment Moneys (1) 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 troll caught ocean salmon in the previous month. Assessment reports are due in the commission office postmarked on or before the 20th day of each month. EXAMPLE: Assessment reports for April 1–April 31 would be due in the commission office postmarked on or before May 20th. (2) When a first purchaser or handler has completed, signed and forwarded a report covering his final purchase of troll caught ocean salmon for the year, he shall mark such report in large letters "FINAL REPORT FOR THIS YEAR.” No further reports are necessary by such first purchaser unless or until additional purchases are made. (See section (4) of this rule) (3) If a first purchaser lives or has his office in another state or is a federal or other governmental agency, the fisherman shall report all sales made to such purchaser on forms provided by and pay the assessment moneys directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to the Commission. (4) At the time that reports are due the Commission from the first purchaser as required in section (1) of this rule, the first purchaser shall attach and forward payment to the Commission for the assessment due as set forth in each report. Reports shall be on forms prescribed by the Commission. The forms shall be signed by the first purchaser and filled in with the required data as shown on such forms, including, but not limited to, the month in which the salmon was taken and delivered in Oregon, the gross poundage received from all fishermen, and the total assessment deducted and withheld. (5) Any fisherman who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the commission. Statutory/Other Authority: ORS 576 History: OSC 1-2001, f. & cert. ef. 8-17-01 OSC 2-1984, f. & ef. 6-20-84
646-010-0020 Penalties Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states, “In addition to the penalties prescribed in 576.991, and any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and a half percent of the amount due for each month of delay thereafter.” Statutory/Other Authority: ORS 576.265 Statutes/Other Implemented: ORS 576.355(1) History: OSC 1-2014, f. & cert. ef. 5-5-14 OSC 2-1984, f. & ef. 6-20-84
646-010-0025 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 646-010-0010(1), or the reports required under OAR 646-010-0015, applies to and covers any purchases by him or delivery on or after July 1, 1984, of troll caught ocean salmon landed in Oregon. Statutory/Other Authority: ORS 576 History: OSC 2-1984, f. & ef. 6-20-84
646-010-0030 Exclusions from Assessments EXEMPTION BASED ON DONATION TO NON-PROFIT. Any first purchaser will deduct and withhold an assessment of the following amount for all of the salmon produced or procured in Oregon, except that no assessment will be deducted for salmon donated to a bona-fide non-profit organization providing dated proof of donation including quantity donated. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OSC 1-2004, f. 1-15-04 cert. ef. 1-16-04
646-020-0010 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 Salmon 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: OSC 1-2019, adopt filed 06/04/2019, effective 06/04/2019
646-020-0020 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 983, Lincoln City, OR 97367. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: OSC 1-2019, adopt filed 06/04/2019, effective 06/04/2019
646-020-0040 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 646-020-0050, 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 646-020-0060, 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: OSC 1-2019, adopt filed 06/04/2019, effective 06/04/2019
646-020-0050 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 646-020-0060. (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: OSC 1-2019, adopt filed 06/04/2019, effective 06/04/2019
646-020-0060 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 646-020-0020. (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: OSC 1-2019, adopt filed 06/04/2019, effective 06/04/2019
646-030-0010 Number of Commissioners, Terms The Oregon Salmon Commission will consist of nine commissioners appointed by the Director of the Oregon Department of Agriculture for a term or four years or, if for a term following a prior term for that person, ending four 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: OSC 1-2004, f. 1-15-04 cert. ef. 1-16-04
646-030-0020 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 Salmon 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 salmon; (b) Six 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 one member(s) shall be from each of the following regions: (a) Northern Oregon border to North of Cascade Head; (b) Cascade Head to south of Florence; (c) South of Florence to southern Oregon border. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576.225 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OSC 1-2014, f. & cert. ef. 5-5-14 OSC 2-2004, f. & cert. ef. 4-8-04 OSC 1-2004, f. 1-15-04 cert. ef. 1-16-04
646-030-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including the following reason: Two unexcused absences, or other neglect of duty in office; (2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OSC 1-2004, f. 1-15-04 cert. ef. 1-16-04
646-030-0040 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, a Vice Chair, and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair, or Secretary/Treasurer may resign as such or may be removed from that position by vote of four Commissioners. If the Chair, Vice Chair, or Secretary/Treasurer 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 or Secretary/Treasurer 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: OSC 1-2004, f. 1-15-04 cert. ef. 1-16-04
646-040-0100 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 Salmon 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 Salmon 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 Salmon Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Salmon Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Salmon Commission, either at the request of the chair of the Oregon Salmon Commission or as authorized in advance by a vote of the Oregon Salmon 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 Salmon 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 Salmon Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Salmon 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: OSC 1-2022, adopt filed 01/24/2022, effective 01/26/2022 OSC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 03/14/2022
646-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 646-040-0130 and OAR 646-040-0140, the Oregon Salmon Commission shall provide to a qualified member of the Oregon Salmon 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 Salmon Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Salmon Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OSC 1-2022, adopt filed 01/24/2022, effective 01/26/2022 OSC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 03/14/2022