justicedao/ipfs_state_laws huggingface dataset:
125-155-0800 Variance (1) DAS Administration may approve an agency’s written request for a variance from any of these rules. (2) The agency, not the affected driver or passenger, must submit a written request to DAS RM. DAS RM will review the request and submit a written response, including recommendation, to DAS Administration. DAS RM conveys DAS Administration’s decision in writing to the agency. (3) DAS RM must receive variance requests at least 30 days in advance of the needed effective date. The 30-day requirement starts when DAS RM receives all information needed to evaluate the variance request. Submittal of a variance request does not equal approval. The agency must receive written approval from DAS Administration prior to initiating the action that resulted in the request. (See Vehicle Use and Access Toolkit for guidance.) (4) For variances related to contractors operating state vehicles, documentation must include: (a) How the use is clearly necessary and beneficial to the agency; and (b) Proof the agency has the vehicle owner’s consent, of other than the agency; and (c) Documentation of the contract which: (A) Requires the contractor to comply with these rules; and (B) Requires the contractor to furnish adequate primary vehicle liability and property insurance; and (C) States the allowed uses of the vehicle; and (D) Cites the exchange of value for use of the vehicle; and (E) Holds the contractor liable for its safe use and return. Statutory/Other Authority: ORS 184.305, 184.340 & 278.405 Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-155-0900 Management of State Vehicles (1) The following sections apply only to state agencies as defined in and subject to ORS 283.305 through 283.395. (2) DAS must establish and enforce a minimum mileage standard for light fleet vehicles. (See Statewide Vehicle Management Policy.) (a) DAS must develop and use a method for calculating the minimum monthly mileage threshold per vehicle. The Fleet Management Advisory Council must review and approve the method proposed for use. (b) As directed by DAS, agencies must provide responses to an annual or biennial review of vehicle usage. Agencies will be advised of the format for the information and the method and timeframe for required responses, any of which may change for each review period. (c) As directed in the Statewide Vehicle Management Policy, agencies must submit in writing a request for exception for any light fleet vehicles that do not meet the minimum monthly mileage threshold. The Fleet Management Advisory Council must develop and approve exemption criteria, with the DAS Director providing final approval. (d) The DAS Director or designee approves exemption requests. Vehicles that do not meet the exemption criteria or are not approved for exemption are subject to reassignment or sale. (3) DAS must establish vehicle replacement criteria for light fleet vehicles in collaboration with the Fleet Management Advisory Council. The Council must review and approve any deviation from the established replacement criteria. The criteria set will be published in the Statewide Vehicle Management Policy, reflecting changes in optimal replacement standards due to emerging vehicle technologies and other relevant factors. Statutory/Other Authority: ORS 283.305 Statutes/Other Implemented: ORS 283.312, 283.314 History: DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020 DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95
125-156-0000 Sale of Compressed Natural Gas to Private Entities (1) The Department of Administrative Services (DAS) may sell Compressed Natural Gas (CNG) for vehicle fueling purposes to members of the public or private entities until a CNG fueling vendor is established within fifty miles of the DAS owned fueling site(s). (2) DAS will charge a rate sufficient to recover the cost of the fuel and any incidental administrative costs to provide the service. Statutory/Other Authority: 2010 OL Ch. 30, Sec. 13, 14 & ORS 283.310 Statutes/Other Implemented: ORS 283.327 History: DAS 1-2012, f. 7-27-12, cert. ef. 8-1-12
125-160-0000 Purpose, Applicability, and Effective Date (1) Section 41, Article 1 of the Oregon Constitution provides that injury or disease from inmate work shall be covered by a corrections system inmate injury fund rather than workers compensation law. These rules set procedures and benefits. They are patterned generally after accidental death and disability insurance. (2) These rules apply to injuries to inmates in authorized work or training assignments of the Oregon Department of Corrections. (3) These rules apply to injuries occurring on and after June 30, 1995. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0020 Calculation of Permanent Disability Awards A permanent disability award is calculated as two-thirds of the Inmate Hourly Wage Rate multiplied by the disability rating. The weekly amount is calculated in this manner. The Inmate Hourly Wage Rate, in effect on the date of release, is multiplied by 40, multiplied by .667, and multiplied by the disability rating. To convert to a daily benefit, the weekly amount is divided by seven. To convert to a monthly benefit, the weekly amount is multiplied by 4.35. A prosthetics allowance may be added to the permanent disability award. During confinement, permanent disability and training benefits are entirely limited to any training provided by the Oregon Department of Corrections. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 3-2009, f. & cert. ef. 1-23-09 DAS 7-2008(Temp), f. & cert. ef. 10-15-08 thru 4-11-09
125-160-0120 Death Benefit Limits (1) Upon a covered death, the death benefit to the claimant’s estate shall be limited to $3,000 for actual and reasonable costs of transport and burial. (2) The death benefit to beneficiaries shall be limited to the deceased’s disability award. It shall be distributed in percentage shares of the monthly amount to beneficiaries qualifying under these rules. The total shall not exceed 100 percent of the monthly amount. (3) The death benefit shall be allocated among three beneficiary groups: spouse, children, and others. If no claim is filed from any of these groups, that group’s allocation shall be applied to the remaining groups. (4) Distribution among and within the three beneficiary groups shall be as follows: (a) Ten percent shall be divided equally among qualifying, claiming beneficiaries other than claimant’s spouse or child. (b) Forty-five percent shall go to the qualifying, claiming spouse. (c) Forty-five percent shall be divided equally among qualifying, claiming children. Department shall not be required to do so, but may choose to pay a child’s benefit on its behalf to any custodial parent or to an annuity or trust fund in the child’s name. (5) Death benefits may commence upon covered death if it occurs after release. If covered death occurs in confinement, death benefits shall be deferred to what would have been claimant’s next likely release date. However, if the deceased provided the major part of the beneficiary’s financial support for the 12 months preceding the covered death, the death shall be treated as a post release death. Support shall be counted only from the deceased’s authorized work assignments and any pre-confinement work. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0300 Evaluating Claims (1) No benefit shall be awarded or paid except through request and proof of eligibility as required by these rules and related law. A claim shall be approved if the claimant proves to the Department that the claim, injury, disability, and all related issues qualify and conform to these rules and related law. (2) Department shall investigate any claim for benefits as it deems necessary to determine eligibility under these rules and the extent of any benefits. Department shall notify claimant of its denial or initial estimate of benefits in a reasonable time. When practical, Department shall issue its initial estimate in the period after claimant is stationary and before claimant is released. (3) The attending physician shall make all medical determinations with regard to the claim. If Department finds the attending physician is not complying with these rules, Department may name a new attending physician to provide all medical services. The attending physician shall: (a) Determine the existence and nature of the reported injury, its extent and expected duration of the need for medical services. (b) Determine the claimant's medically stationary date and any permanent disability rating. (c) Estimate likelihood or frequency of necessary repair and replacement of prosthetics. (d) Report to the Department. Reports shall be in sufficient detail to show that all determinations are based on medical evidence supported by objective findings as provided in ORS 655.510(2). The reports shall show due consideration of any input from advisory or consulting physicians. Reported pain or alleged limited range of motion, without objective findings, shall not meet this requirement. (4) Department may require a claimant to be examined by any physician or physicians if Department considers such examination necessary to determine a claim. Failure to attend the examination will be considered abandonment of benefits. (5) If there is a dispute among physicians as to any medical fact or issue, the attending physician shall determine the dispute. He or she shall give due consideration to the reports of consulting or advisory physicians. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17 DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0310 Evidence and Construction The following rules of evidence and construction shall apply to all issues bearing on a claim: (1) It shall be the claimant’s burden to prove, by a preponderance of the evidence, all facts necessary to sustain a claim. Should a claimant make false statements or supply false information in the claim, in prior claims, or in letters, testimony or materials submitted to Department or hearings officer, Department or hearings officer may direct that the claimant’s standard of proof shall increase to clear and convincing evidence. Department may also provide its evidence of falsehood to Corrections and the District Attorney for further action. Clear and convincing evidence shall also be required to overcome any evidence which these rules say shall be presumed true or a rebuttable presumption. (2) These rules shall be interpreted according to their plain meaning and not construed in favor of the claimant. (3) The attending physician’s reports written and delivered to Department and containing the items required by these rules, shall be presumed true and shall suffice to prove the medical findings reported therein. (4) The records, computer and others, of any agency shall be presumed true and shall suffice to prove the facts reported therein, as they bear on questions of fact necessary to sustain or deny a claim for benefits. (5) Department’s records shall be presumed true and shall suffice to prove all timing and procedural matters noted therein. (6) Corrections records shall be presumed true and shall suffice to prove all dates, assignments, medical services, discipline, violations, release dates, and any other matters occurring during confinement and subject to Corrections legal control. (7) Claimant’s failure to report any covered injury to the work or training supervisor before leaving the alleged injury scene or the work or training site, shall create the rebuttable presumption that the injury was not a covered injury. (8) Claimant’s failure to apply for Corrections’ medical treatment as soon as the medical need is, or should be known, shall create the rebuttable presumption that the injury is not a covered injury. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0500 Delivery of Claims, Notices, Responses (1) The Department shall send any and all notices, letters, responses, and benefits payments by regular mail or other reasonable means to the claimant’s last known residential address or to claimant’s parole or probation officer’s address. Department records of mailings shall be proof of mailing and shall constitute delivery. (2) Department may refuse to mail to a post office box when it deems reasonable to do so. Department shall not mail to General Delivery, message services, drop boxes, or third party addresses. Payments and notices mailed by Department to claimant shall say “do not forward” or similar wording required by the delivery carrier to prevent forwarding of mail. (3) Claimant shall file all claims, requests, and appeals in writing by mail. Claimant may file by electronic facsimile to department’s Fax number if claimant mails the original to Department on the same day. No claim or information necessary to a claim may be delivered by claimant by means of electronic computer mail or orally in person or by telephone. Only physical receipt by Department shall constitute delivery. (4) Department and Corrections shall have no duty to give advice or notify, warn, or remind any claimants or potential claimants of their rights or duties under these rules. This includes the deadlines for filing requests or claims. Should Department give incorrect information, that shall not relieve the recipient of his or her duty to conform to these rules nor shall it alter any benefit to which the person may be entitled under these rules. (5) Department may make available to Corrections and to any requesting law enforcement agency or publicly funded benefit program, any information provided to it under these rules. The requesting entity shall make its request in writing and state therein that the records are sought in connection with a valid investigation of a crime, or of a request for benefits. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0710 Termination of Benefits (1) Any and all benefits payable or potentially payable to a claimant shall be terminated fully and finally, without prior notice, upon the occurrence of any of the following: (a) Claimant gives Department of Corrections any kind of false report or supplies any false information in connection with a claim. (b) Inmate dies due, in large part, to any cause or causes other than the covered injury. (c) Claimant, receiving permanent benefits or death benefits, attains an age when other benefit eligibility occurs. (d) The date is reached at which an inmate deceased from a covered death would have attained other benefit eligibility. (e) A beneficiary dies, ceases to be a beneficiary under these rules or, if a child, attains 18 years of age. (2) Anyone who receives benefits shall return at once to Department any payment that he or she is not entitled to under these rules due to termination of benefits or any other cause. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17 DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0720 Abandonment of Benefits (1) If benefits are abandoned, claimant forfeits all rights under these rules, except the right to give Department clear and convincing evidence that abandonment did not occur. Claimant shall provide such evidence in writing to Department within 30 days of Department’s declaration of abandonment. If Department refuses to reinstate benefits after receipt of clear and convincing evidence that abandonment did not occur, claimant may appeal as provided in these rules. (2) Benefits shall be deemed abandoned if both of the following occur: (a) The Department sends three consecutive mailings by regular or certified mail on different dates at least one week apart and all are returned, or the Department’s requests for response contained in each and all of the mailings elicit no response, or Department’s checks or warrants included in each of the mailings are not negotiated. (b) In the 90 days following the date of the last mailing, the Department receives no signed, written communication from the claimant with a valid residential mailing address. (3) Upon the occurrence of the preceding, the Department shall declare the claim abandoned and take the following steps: (a) Department shall record in its records that the claim is declared abandoned. Department shall not be required to make further attempt to find claimant or notify claimant or any other party. (b) If final award has not been made, Department shall permanently terminate the claim and all prospective benefits as fully and finally abandoned. (c) If final award has been made, Department shall suspend all benefits until the earlier of six months or claimant’s proof to Department’s satisfaction that claimant remains eligible for benefits. The benefits suspended shall be forfeited. Upon satisfactory proof of eligibility, suspended benefits may be resumed subject to any conditions Department may deem reasonable. Otherwise, Department shall permanently terminate all benefits as fully and finally abandoned. (4) Any benefit check or warrant that is returned from the last known mailing address or is not negotiated within 90 days of mailing, may be canceled or voided by Department. A payment so canceled may be deemed paid. Its month shall count against any benefit period. Department shall not be required to replace it. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0800 Subrogation Applying for and accepting benefits under these rules shall transfer to the Department all the acceptors' rights, claims, and causes of action against any third party for the covered injury or death to the extent of benefits paid or payable hereunder. Department shall be entitled to the net recovery against the third party to the extent of benefits paid or payable hereunder. Except as provided by ORS 655.510(4), if the Department does not choose to claim damages from a third party, all these rights shall revert to claimant and Department shall waive any interest it has in any recovery. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17 DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0910 Hearings Process (1) The Department shall designate as hearings officer any person trained in the hearings process. The hearings officer shall not have been a witness or had personal knowledge of any material, disputed fact of the case. He or she shall not have had another role in the case. (2) The hearing shall be conducted at a time and place designated by the hearings officer and acceptable to Corrections. The hearing may be conducted by telephone or other means of communication. (3) The hearings officer shall conduct the hearing as prescribed in ORS 183.415 except as otherwise required in these rules. (4) Prior to commencement of hearing, the Department or hearings officer shall: (a) Inform party(s) to the hearing of the matters specified in ORS 183.413(2). (b) Explain issues involved in the hearing and matters parties must prove or disprove under these rules. (5) Making the reasons a part of the record, a hearing may be postponed by the hearings officer for good cause and for reasonable periods of time, consistent with these rules. Good cause includes, but is not limited to: (a) Preparation or scheduling needs of the Department; (b) Illness of the claimant; (c) Unavailability of the claimant. Upon unavailability for 90 days, the hearings officer shall cancel the hearing and issue a recommendation to the Department that its decision should stand or the claim should be permanently terminated as abandoned. (d) Avoiding interference with ongoing police investigation or pending prosecution. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95
125-160-0920 Conduct of Hearings (1) The findings of the hearings officer must be on the merits. Technical or clerical errors in the writing or processing of a contested decision shall not be grounds for modification or rescission unless there is substantial prejudice to the claimant. (2) The standards of proof shall be those provided in these rules. (3) Making the reasons part of the record, the hearings officer shall raise the claimant’s burden of proof to clear and convincing evidence upon the occurrence of the following: (a) The hearings officer finds the claimant provided or has a history of providing unreliable or false evidence; (b) The contested issue is timeliness, inclusion or omission of evidence, or other procedural requirements; or (c) As otherwise provided in these rules. (4) The hearings officer shall consider such evidence as would be considered by reasonable persons in the conduct of their serious affairs. (5) At hearings, claimants shall be allowed to speak in their behalf, submit evidence, and exercise rights allowed by these rules. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95