justicedao/ipfs_state_laws huggingface dataset:
623-030-0030 Removal of Commissioners The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two unexcused absences, 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: HZL 2-2003, f. & cert. ef. 12-8-03
623-040-0005 Per Diem Compensation (1) Subject to the availability of funds in the budget of the commission, the Oregon Hazelnut Commission must pay any member of the commission, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official commission duties. (2) The rate of compensation is limited to $30 per day, pursuant to ORS 292.495(1). (3) In order to receive compensation, a member must submit to the Oregon Hazelnut Commission a written claim for compensation by the 10th day of the calendar month following the month for which the member seeks compensation. The member must specify the amount of time the member spent on official commission duties as well as the nature of the duties performed for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 292.495, 576.206 & 576.416. Statutes/Other Implemented: ORS 292.495, 576.206(7) & 576.265 History: HZL 1-2021, temporary suspend filed 09/24/2021, effective 09/25/2021 through 03/23/2022 HZL 1-2007, f. & cert. ef. 12-3-07
623-040-0010 Reimbursement of Travel and Other Expenses (1) Subject to sections (2)–(6) of this rule, a member of the Oregon Hazelnut Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in the performance of the member’s official duties. (2) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Oregon Hazelnut Commission a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 10th day of the calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; and (b) Nature of the expense; and (c) Amount of expense. (3) An expense that exceeds $200 dollars must be authorized by the Oregon Hazelnut Commission before a member incurs the expense. (4) For the purposes of this rule, “travel and other expenses” are limited to reasonable expenses. An expense is reasonable if: (a) It is an actual expense incurred by a member in carrying out official commission business, which is within the member’s scope of responsibilities; and (b) The expense is necessary to enable the member to carry out official commission business. Statutory/Other Authority: ORS 292.495, 576.206, 576.265, 576.311, 576.416 & 576.440 Statutes/Other Implemented: ORS 292.495, 576.206(7) & 576.265 History: HZL 1-2021, temporary suspend filed 09/24/2021, effective 09/25/2021 through 03/23/2022 HZL 1-2007, f. & cert. ef. 12-3-07
623-040-0015 Reimbursement for Hiring a Substitute (1) As used in OAR 623-049-0010, “other expenses” includes expenses incurred by a member of the Oregon Hazelnut Commission in employing a substitute to perform duties, including personal duties, 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. (2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3). Statutory/Other Authority: ORS 292.495 Statutes/Other Implemented: ORS 292.495 & 576.206(7) History: HZL 1-2021, temporary suspend filed 09/24/2021, effective 09/25/2021 through 03/23/2022 HZL 1-2007, f. & cert. ef. 12-3-07
623-040-0100 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 Hazelnut 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 Hazelnut 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 Hazelnut Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Hazelnut Commission meeting or subcommittee meeting; [WR1] (c) Attendance at a conference or other activity as a representative of the Oregon Hazelnut Commission, either at the request of the chair of the Oregon Hazelnut Commission or as authorized in advance by a vote of the Oregon Hazelnut 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 Hazelnut 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 Hazelnut Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Hazelnut 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: HZL 1-2022, adopt filed 02/10/2022, effective 02/10/2022 HZL 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022
623-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 623-040-0130 and OAR 623-040-0140, the Oregon Hazelnut Commission shall provide to a qualified member of the Oregon Hazelnut 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 Hazelnut Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Hazelnut Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: HZL 1-2022, adopt filed 02/10/2022, effective 02/10/2022 HZL 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022
623-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 623-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Hazelnut Commission shall provide to a non-qualified member of the Oregon Hazelnut 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 623-040-0140, the Oregon Hazelnut Commission shall provide to a non-qualified member of the Oregon Hazelnut 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 Hazelnut Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Hazelnut Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: HZL 1-2022, adopt filed 02/10/2022, effective 02/10/2022 HZL 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022
623-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Hazelnut 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: HZL 1-2022, adopt filed 02/10/2022, effective 02/10/2022 HZL 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022
623-040-0140 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 Hazelnut 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 $200 must be authorized by the Oregon Hazelnut 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: HZL 1-2022, adopt filed 02/10/2022, effective 02/10/2022 HZL 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022
628-001-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the Oregon Forest Resources Institute (OFRI) Board of Directors 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 twenty-one (21) days prior to the effective date of the rule; (2) By emailing a copy of the notice to persons on the OFRI mailing list established pursuant to ORS 183.335(8), at least twenty-eight (28) days prior to the effective date; (3) By posting notice on OFRI’s website at least 28 days prior to the effective date of the rule; (4) By emailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of rule; and (5) By emailing a copy of the notice to the following at least twenty-eight (28) days prior to the effective date: (a) State Agencies: (A) Forestry, Oregon Department of; (B) Governor’s Office, Assistant for Natural Resources; (C) Revenue, Oregon Department of. (b) List of statewide news media, organizations and associations with an interest in OFRI’s rulemaking activities, as maintained by the agency. Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 183.341 History: OFRI 2-2024, amend filed 07/23/2024, effective 07/26/2024 FRI 2-1995, f. and cert. ef. 10-17-95 FRI 3-1992, f. & cert. ef. 6-15-92 FRI 2-1992(Temp), f. & cert. ef. 4-9-92
628-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2006, are hereby adopted as rules of procedure of the Oregon Forest Resources Institute. Statutory/Other Authority: ORS 526.645 Statutes/Other Implemented: ORS 183.341 History: OFRI 1-2006, f. & cert. ef. 5-25-06 FRI 1-1992, f. 4-9-92, cert. ef. 4-10-92
628-010-0010 Harvest Tax Rate for OFRI (1) The OFRI Board of Directors shall establish prior to November of each year the rate of privilege tax levied through the harvest tax, pursuant to ORS 321.017. (2) The privilege tax rate established annually by the OFRI Board of Directors shall not exceed or be contradictory to the limits set forth in the authorities established by ORS 321.017. (3) In order to carry out the duties, functions, and powers of the Oregon Forest Resources Institute, the Oregon Forest Resources Institute Board of Directors will set the annual privilege tax rate levied through the harvest tax according to the following criteria: (a) Resources needed to implement the Oregon Forest Resources Institute’s budgetary programs; (b) Estimated harvest projections as determined by the Oregon Department of Forestry and the state economist. (4) The Institute Board of Directors may adjust the maximum tax rate prescribed by ORS 321.017 by the average annual increase in the Consumer Price Index for the preceding year, as published by the Bureau of Labor Statistics, U.S. Department of Labor, for Portland, Oregon, whenever it determines the existing maximum rate may be inadequate to meet anticipated increases in the Institute’s program costs, given projected harvest levels. (5) Opportunity for public comment on the annual privilege tax rate levied through the harvest tax as set by the Oregon Forest Resources Institute Board of Directors will be provided as part of the annual public meeting on the Oregon Forest Resources Institute’s proposed budget. Public notice of the meeting will be given at least 14 days prior to the date of the meeting. Copies of the budget will be available for public inspection under reasonable circumstances in the office of the State Forester and the office of the Oregon Forest Resources Institute. Statutory/Other Authority: ORS 526.645 Statutes/Other Implemented: ORS 321.017 History: OFRI 1-2024, amend filed 05/13/2024, effective 05/20/2024 FRI 1-1993, f. & cert. ef. 4-19-93 FRI 4-1992, f. & cert. ef. 6-15-92
628-010-0230 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Oregon Forest Resources Institute hereby adopts OAR 137-005-0052 as promulgated by the Attorney General on Oct. 27, 2015. Statutory/Other Authority: ORS 36.224(4) Statutes/Other Implemented: ORS 526.645(6) History: OFRI 3-2020, adopt filed 10/26/2020, effective 10/27/2020
628-020-0000 Definitions The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires: (1) “Board” means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and nonvoting members. (2) “OFRI” means the Oregon Forest Resources Institute. (3) “Producer” means any person, partnership, association, corporation, cooperative or other business entity, including all affiliates and subsidiaries, actively and directly involved in the growing, harvesting or production of timber or timber products, who has paid the forest products harvest tax under ORS 321.005 to 321.185 in at least one of the five years preceding an election for the OFRI Board of Directors. (4) “Producer” does not include landowners who meet the requirements of ORS 526.610(2)(b). Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620 History: OFRI 2-2025, amend filed 01/22/2025, effective 01/23/2025 FRI 2-1995, f. & cert. ef. 10-17-95
628-020-0010 Process for Determining Producer Class Qualifications The board shall determine producer class qualifications by rule. A three-fourths majority vote of the board shall be required in establishing qualifications. (1) The board shall consider the following factors in determining producer class qualifications under ORS 526.610: (2) Whether there are sufficient numbers of producers in each classification to assure a broad representation of interests; (3) Whether the classifications fairly reflect the proportional amount of harvest tax revenues contributed by various producers. (4) Producer class qualifications shall ensure that the largest number of producers constitute the small producer class, and that the smallest number of producers constitute the large producer class. Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620 History: OFRI 1-2025, amend filed 01/22/2025, effective 01/23/2025 FRI 2-1995, f. & cert. ef. 10-17-95
628-020-0020 Producer Classifications Producer classifications shall consist of the following: (1) Producers of under 20 million board feet per year; (2) Producers of at least 20 million board feet per year, but under 100 million board feet per year; (3) Producers of at least 100 million board feet per year. Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620 History: FRI 2-1995, f. & cert. ef. 10-17-95
629-001-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the State Forester 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 prior to the effective date. (2) By mailing a copy of the notice to persons on the Forester’s mailing list established pursuant to ORS 183.335(8)(c), at least 28 days prior to the effective date. Statutory/Other Authority: ORS 183.310(1), 192.610-710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 183.550, 192.610 - 192.710 & 526.016 History: DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 FB 3-1992, f. & cert. ef. 3-10-92 FB 10-1986, f. & ef. 9-25-86 FB 45, f. & ef. 3-26-76
629-001-0003 Definitions The following words, when used in this division shall mean the following unless otherwise required by context: (1) "Board" means the State Board of Forestry. (2) "State Forester" means the State Forester or the duly authorized representative of the State Forester. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2024 are hereby adopted as the rules of procedures of the Board of Forestry and the State Forester. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Forestry.] Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 183.341 History: DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 1-2008, f. 3-6-08, cert. ef. 3-7-08 DOF 3-2006, f. & cert. ef. 3-15-06 DOF 6-2004, f. & cert. ef. 6-10-04 DOF 1-2002, f. & cert. ef. 3-13-02 DOF 4-2000, f. 10-25-00, cert. ef. 10-31-00 DOF 3-1998, f. 3-10-98, cert. ef. 4-22-98 FB 1-1996, f. & cert. ef. 3-13-96 FB 1-1994, f. & cert. ef. 3-11-94 FB 3-1992, f. & cert. ef. 3-10-92 FB 6-1988, f. & cert. ef. 9-9-88 FB 5-1986, f. & ef. 6-17-86 FB 1-1984, f. & ef. 1-6-84 FB 2-1982, f. & ef. 3-3-82 FB 1-1982(Temp), f. & ef. 2-8-82 FB 8-1980, f. & ef. 3-20-80 FB 1-1980, f. & ef. 1-9-80 FB 4-1978, f. & ef. 3-13-78 FB 46, f. & ef. 4-19-76 FB 34, f. 10-19-73, ef. 11-11-73 FB 27, f. 11-12-71, ef. 12-1-71
629-001-0010 Agency Representation by Officer or Employee (1) Subject to the approval of the Attorney General, an officer or employee of this agency is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency: (a) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 527.610 to 527.798, 527.992; and (b) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 477.490. (2) The agency representative may not make legal argument on behalf of the agency. (a) "Legal argument" includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; or (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 183 & 526 Statutes/Other Implemented: ORS 183 & 526 History: DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06 DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06 FB 1-1990, f. & cert. ef. 3-15-90
629-001-0015 Rules of Procedure for Contested Cases; Applicability The rules of procedure in this Division, OAR 629-001-0010 to 629-001-0055, apply to all contested cases before the board and State Forester, unless otherwise provided by law, and are in addition to the procedural requirements of the Attorney General's Model Rules adopted in 629-001-0005. Contested cases covered by these rules include, but are not limited to the following: (1) Appeal of civil penalties assessed under ORS 527.687; (2) Appeal of "any finding or order" under ORS 527.610 through 527.770 and 527.992; (3) Hearings requested by persons adversely affected or aggrieved by an operation requiring a written plan under ORS 527.700(3) through (9); (4) Appeal of temporary orders to cease further activity under ORS 527.680(3) and 527.680(4); (5) Appeal of repair orders issued under ORS 527.680(2)(b) and 527.690(1); (6) Appeal of orders prohibiting new operations under ORS 527.680(5); (7) Review of State Forester's proposal to conduct repair work at state expense under ORS 527.690(2); and (8) Appeals of decisions on land exchanges under OAR 629-033-0055 Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026 DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11 DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11 DOF 2-2004, f. & cert. ef. 2-10-04 DOF 5-2002, f. & cert. ef. 7-1-02