justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 200 — Disadvantaged Business

ORS 200.015. Legislative findings. (1) The Legislative Assembly supports the aspirations of minorities, women and emerging small businesses to enter the mainstream of Oregon social, political and economic life. (2) The Legislative Assembly finds: (a) The opportunity for full participation in our free enterprise system by minorities, women and emerging small businesses is essential; (b) Greater economic opportunity for minorities, women and emerging small businesses is essential; (c) Review of public programs to remedy historical patterns of exclusion of and discrimination against racial or ethnic groups and women is needed; (d) Public policies and programs to eliminate the effects of long-term, open and pervasive exclusion of and discrimination against minorities and women from the business sector, including increased opportunities to integrate minorities and women into the full economic life of the community should be reviewed; and (e) In cooperation with the private sector, the affected populations, interested groups and appropriate governmental entities, a program of review should be established to recommend remedies for the unfortunate effects of social, political and economic inequity that still exist. (3) Women and minorities are rebuttably presumed to be: (a) Economically disadvantaged. (b) Socially disadvantaged.
ORS Chapter 200 — Disadvantaged Business

ORS 200.025. Governors Policy Advisor for Economic and Business Equity; Certification Office for Business Inclusion and Diversity; duties. (1) The Governor shall appoint a Governors Policy Advisor for Economic and Business Equity within the office of the Governor. (2) The Certification Office for Business Inclusion and Diversity is created within the Oregon Business Development Department, and the Director of the Oregon Business Development Department shall appoint the employees of the office. (3) The Governors Policy Advisor for Economic and Business Equity shall: (a) Advise the Governor and the director on activities and initiatives that may promote the economic integration of minorities, women, veterans and emerging small businesses into the business sector; (b) Prepare an annual report to the Governor, director and Legislative Assembly on disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that examines: (A) The status of the enterprises and businesses in the marketplace; (B) Accomplishments and resolutions that have occurred with respect to issues that concern the enterprises and businesses; and (C) Recommendations for executive and legislative action; and (c) Carry out other duties that the Governor may assign. (4) The Certification Office for Business Inclusion and Diversity shall: (a) Provide information to minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses; (b) Assist in developing and implementing an aggressive strategy for this state, based on research and monitoring, that encourages minorities, women, veterans and emerging small businesses to participate in the states economy; (c) Recommend to the director methods for researching, developing and implementing a plan to involve minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses in all state programs; (d) Maintain, in consultation with the Department of Transportation, public universities listed in ORS 352.002 and other entities, an Oregon Opportunity Register and Clearinghouse for information about contracting agency solicitations and other opportunities to submit bids or proposals to contracting agencies to provide goods, supplies and services, including professional services; (e) Monitor the certification and compliance program under ORS 200.055 for: (A) Disadvantaged business enterprises; (B) Minority-owned businesses, woman-owned businesses and veteran-owned businesses; and (C) Emerging small businesses; (f) Investigate complaints and possible abuses of the certification program; and (g) Assist in promoting and coordinating plans, programs and operations of state government that help minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses to participate in the economic life of this state.
ORS Chapter 200 — Disadvantaged Business

ORS 200.035. Notice to Governors Policy Advisor for Economic and Business Equity. (1) A state contracting agency shall give timely notice and information to the Governors Policy Advisor for Economic and Business Equity if the state contracting agency intends to advertise or solicit bids or proposals for a public contract with a contract price of $10,000 or more and shall notify the policy advisor when the state contracting agency has awarded the contract. (2) Each state contracting agency shall, in consultation with the policy advisor, establish a process and timeline for providing the policy advisor with the notice and information required by subsection (1) of this section.
ORS Chapter 200 — Disadvantaged Business

ORS 200.045. Required participants; rebuttable presumption of responsibility and good faith efforts to encourage participation in public contracts. (1) As used in this section, required participant means: (a) A disadvantaged business enterprise; (b) A minority-owned business, a woman-owned business or a veteran-owned business; or (c) An emerging small business. (2) If a public contract requires participation from a required participant and a bidder or proposer for the public contract is not a required participant, a contracting agency may award the public contract to the bidder or proposer only if the bidder or proposer: (a) Demonstrates that the bidder or proposer is responsible; and (b) Has made good faith efforts to encourage required participants to participate in the public contract. (3) A contracting agency may rebuttably presume that for the purposes of this section a bidder or proposer is responsible and has made good faith efforts to encourage required participants to participate in the public contract if the bidder or proposer takes all of these actions: (a) Attends presolicitation or prebid meetings that the contracting agency scheduled to inform disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses of contracting and subcontracting or material supply opportunities available in connection with a public contract; (b) Identifies and selects specific economically feasible units of the public contract that disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses may perform in order to increase the likelihood that required participants will participate in the public contract; (c) Advertises the opportunities described in paragraphs (a) and (b) of this subsection in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minorities, women, veterans and emerging small businesses; (d) Provides written notice of the opportunities described in paragraphs (a) and (b) of this subsection to a reasonable number of specific disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses that the bidder or proposer identified from a list of enterprises or businesses that the Certification Office for Business Inclusion and Diversity certified under ORS
ORS Chapter 200 — Disadvantaged Business

ORS 200.057. Designation of certified emerging small business as tier one or tier two firm. (1) A business may be certified as an emerging small business by the Oregon Business Development Department for up to 12 years and may be: (a) Designated a tier one firm for up to six years unless the business no longer qualifies as a tier one firm. (b) Designated a tier two firm for up to six years unless the business no longer qualifies as a tier two firm. (2) The department shall adjust annually the amount of the average annual gross receipts required to qualify as a tier one firm or a tier two firm using the most recent three-year average of the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (3) Notwithstanding the time limits established by subsection (1) of this section, if a tier one firm provides compelling information showing, in the judgment of the department, that the firm has not been afforded an opportunity to bid on emerging small business projects during a year of eligibility, the department shall extend the tier one designation of the firm for one year. A tier one firm may receive the extension described in this subsection only once. [2005 c.683 2; 2009 c.830 138; 2019 c.57 11] Note:
ORS Chapter 200 — Disadvantaged Business

ORS 200.065. Fraudulent conduct prohibited; penalty and other sanctions. (1) A person may not fraudulently obtain or retain, attempt to fraudulently obtain or retain or aid another person in fraudulently obtaining or retaining or attempting to fraudulently obtain or retain certification as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business. (2) A person may not knowingly make a false claim that any person is qualified for certification or is certified under ORS 200.055 for the purpose of obtaining a public contract or subcontract or other benefit. (3) An affected contracting agency may withhold payment, may suspend or terminate a public contract and may impose on any person a civil penalty that does not exceed 10 percent of the contract or subcontract price or $5,000, whichever is less, for each violation of subsection (1) or (2) of this section. The person shall pay the penalty to the affected contracting agency. If the affected contracting agency does not impose a civil penalty on the person under this subsection, the Oregon Business Development Department may independently impose a civil penalty that does not exceed $5,000 for each violation of subsection (1) or (2) of this section. The person shall pay a penalty that the department imposes to the Certification Office for Business Inclusion and Diversity. (4) The department or an affected contracting agency shall investigate violations of subsection (1) or (2) of this section. In investigating a violation, the department or an affected contracting agency may require any additional information, administer oaths, take depositions and issue subpoenas to compel witnesses to attend and compel the production of books, papers, records, memoranda or other information necessary to carry out the departments or the affected contracting agencys duties. If a person fails to comply with any subpoena that the department or the affected contracting agency issued under this subsection or refuses to testify on any matter on which a person may lawfully be interrogated, the department or the affected contracting agency shall follow the procedure provided in ORS 183.440 to compel compliance. (5) The department or an affected contracting agency may disqualify from submitting a bid or proposal or receiving an award of a public contract, for a period of not more than three years, any person that under oath during the course of an investigation admits to violating subsection (1) or (2) of this section or that the department or the affected contracting agency finds to have violated subsection (1) or (2) of this section. Any contracting agency that has notice of the finding of the fraudulent certification may also disqualify the person from bidding on or participating in any public contract.
ORS Chapter 200 — Disadvantaged Business

ORS 200.085. [1987 c.893 1; repealed by 1989 c.1043 14] RESPONSIBILITY OF CONTRACTING AGENCIES
ORS Chapter 200 — Disadvantaged Business

ORS 200.090. Contracting agencies to pursue policy of providing opportunities. Contracting agencies shall aggressively pursue a policy of providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, veteran-owned businesses and emerging small businesses and shall cooperate with the Governors Policy Advisor for Economic and Business Equity to determine the best means by which to make such opportunities available.
ORS Chapter 200 — Disadvantaged Business

ORS 200.100. [1991 c.559 1; 2005 c.22 152; repealed by 2015 c.565 24] MENTOR RELATIONSHIP
ORS Chapter 200 — Disadvantaged Business

ORS 200.120. Development plan for mentor relationship; contents; review; termination. (1) The Oregon Business Development Department, in consultation with the Oregon Association of Minority Entrepreneurs, may approve a written development plan as part of a mentor relationship. The development plan must: (a) Clearly set forth the objectives and roles of the parties; (b) Be for a specified length of time; (c) Determine measurable goals that the disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business must reach; and (d) Provide that if a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business uses a mentors resources in performing contracts or subcontracts for the mentor or for another contractor, the enterprise or business shall separately identify, account for and directly compensate the mentor for the resources. The department may closely monitor a development plan that provides that the enterprise or business will use the mentors resources extensively. (2) The development plan may also provide for the mentor to train the disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business. Training may include: (a) Business planning; (b) Record keeping; (c) Technical training; (d) Capital formation; (e) Loan packaging; (f) Financial counseling; (g) Bonding; and (h) Equipment utilization. (3) The Oregon Business Development Department and the Oregon Association of Minority Entrepreneurs may review the development plan annually to monitor progress. (4) The development plan must provide that the mentor relationship may be terminated by mutual consent or if: (a) An enterprise or a business no longer qualifies for certification under ORS
ORS Chapter 200 — Disadvantaged Business

ORS 200.150. [1991 c.517 1; repealed by 2005 c.683 13] EMERGING SMALL BUSINESS ASSISTANCE PROGRAM
ORS Chapter 200 — Disadvantaged Business

ORS 200.160. Transportation Commission duties; report. The Oregon Transportation Commission shall appoint a committee to recommend plans whereby the Department of Transportation may assist emerging small businesses in overcoming barriers to participation in state public improvement and maintenance projects. The committee shall report biennially its recommendation to the commission and to the appropriate legislative committee.
ORS Chapter 200 — Disadvantaged Business

ORS 200.170. Eligibility for participation. (1) Subject to subsection (2) of this section, to participate in the emerging small business program under ORS
ORS Chapter 200 — Disadvantaged Business

ORS 200.180. Emerging Small Business Account; uses. The Emerging Small Business Account is established within the State Highway Fund. The Emerging Small Business Account is an investment fund for purposes of ORS 293.701 to 293.857. Moneys in the account are continuously appropriated to the Department of Transportation for the purpose of assisting emerging small businesses under the plans recommended under ORS 200.160. Interest earnings on moneys in the account are credited to the account.
ORS Chapter 200 — Disadvantaged Business

ORS 200.190. Deposit of one percent of highway construction contract amount. The Department of Transportation, when undertaking a public improvement highway construction contract, shall deposit with the State Treasurer an amount equal to not more than one percent of the contract award amount. The State Treasurer shall credit the amount reserved to the Emerging Small Business Account established in the State Highway Fund. The deposit must be made within 30 days of the date on which the contract award is made.
ORS Chapter 200 — Disadvantaged Business

ORS 200.200. Security for performance by emerging small business. (1) When any requirement exists under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C to provide a surety bond or other security for the faithful performance of a public contract, an emerging small business may provide: (a) A surety bond issued by a corporate surety qualified by law to issue surety insurance as defined in ORS 731.186; (b) A stipulation or undertaking with one or more individual sureties; or (c) Any other form of security specified in the statute requiring the security. (2) When the security for the faithful performance of a public contract is in the form of a stipulation or undertaking with one or more individual sureties, the individual sureties must be residents of this state. The total net worth of all the individual sureties on the stipulation or undertaking must be at least twice the sum specified in the stipulation or undertaking. The public agency requiring the security shall determine if the sureties possess the qualifications prescribed by this subsection. [1991 c.517 8; 2003 c.794 217] _______________
ORS Chapter 209 — County Surveyors

ORS 209.005. Definitions. As used in this chapter, unless the context requires otherwise: (1) Control point means a horizontal or vertical survey position set within the stated precision of the survey. (2) County surveyor means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law. (3) Deputy county surveyor means an individual appointed by the county surveyor to the office of deputy county surveyor. (4) Geodetic control means horizontal or vertical survey monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network. (5) Monument means any permanent material object or collection of objects, either natural or man-made, that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner established by a qualified surveyor. (6) Public land survey corner means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor. (7) Registered professional land surveyor has the meaning given that term in ORS 672.002.
ORS Chapter 209 — County Surveyors

ORS 209.010. [Repealed by 1953 c.306 18]
ORS Chapter 209 — County Surveyors

ORS 209.015. Authority to enter upon land; no unnecessary damage; notice. (1) Subject to subsection (3) of this section, the county surveyor, and employees and agents of the county surveyor, may enter upon any land for the purpose of surveying or performing any work necessary to carry out existing laws and may establish permanent survey monuments. (2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon. (3) A county surveyor or any employee or agent of the county surveyor shall not enter upon or establish any permanent survey monument upon any property without first providing notice to the landowner or landowners and the occupant of the property.
ORS Chapter 209 — County Surveyors

ORS 209.020. Surveys on court order; fees. The county surveyor shall execute all orders directed to the surveyor by any court of record or county court for surveying roads, or surveying or resurveying any tract of land the title to which is in dispute before such court, and all orders of survey for the partition of real estate. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section.
ORS Chapter 209 — County Surveyors

ORS 209.030. Surveys on court order of land divided by county line; fees. When lands the title to which is in dispute before any court are divided by a county line, the court making an order of survey may direct such order to the surveyor of any county in which any part of such land is situated. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section. [Amended by 1989 c.394 5]
ORS Chapter 209 — County Surveyors

ORS 209.040. Substitution when county surveyor interested in land. When it appears that the county surveyor is interested in any tract of land, the title to which is in dispute before the court, the court shall direct the survey or resurvey to be made by a registered professional land surveyor, who is in nowise interested. The substitute surveyor shall be authorized to administer oaths in the same manner as the county surveyor, return the survey or resurvey on oath or affirmation and receive for the services the same fees that the county surveyor would receive for similar services.
ORS Chapter 209 — County Surveyors

ORS 209.050. [Amended by 1979 c.653 3; repealed by 1981 c.111 2]
ORS Chapter 209 — County Surveyors

ORS 209.060. [Repealed by 1979 c.653 18]
ORS Chapter 209 — County Surveyors

ORS 209.070. Duties. The county surveyor of each county shall: (1) Keep a fair and correct record of all surveys made by the county surveyor and deputies thereof and by the county road official, all surveys received pursuant to ORS 209.250 and all surveys under ORS 368.106 or 368.206. (2) Number progressively all surveys received and state by whom and, if provided, for whom made. (3) Provide a copy of any survey to any person or court requiring the same, on payment of the fee allowed by law. (4) Make all surveys of legal subdivisions with reference to the current United States Manual of Surveying Instructions. (5) Establish or reestablish and maintain all public land survey corners, where evidence of the corners can be found and the corners can be positively located, and keep a separate record of the corners, giving the dates and names of persons present. When so established or reestablished such corner monuments shall be recognized as the legal and permanent corners. (6) Establish or reestablish, upon order of the county court or board of county commissioners, all public land survey corners where all physical evidence is destroyed or cannot be found but where the official government notes are available, the corners to be reestablished in the manner provided in ORS
ORS Chapter 209 — County Surveyors

ORS 209.080. Compensation. The compensation for the county surveyor shall be as determined by the county court or board of county commissioners, and paid out of the county treasury upon order of the county court.
ORS Chapter 209 — County Surveyors

ORS 209.090. Procuring and filing copies of field notes and plats of Bureau of Land Management surveys; copies as evidence. (1) The county court shall procure from the Bureau of Land Management a copy of the field notes and plats of all surveys and resurveys of public lands of townships, sections, Donation Land Claims, mineral claims, homesteads, meander lines or other similar surveys lying within its county. These shall include copies of the official plats and field notes of the survey and shall be filed in the office of the county surveyor. (2) Copies, certified by the county surveyor, of copies of such field notes or plats filed in the office of the county surveyor by the county court shall be prima facie evidence.
ORS Chapter 209 — County Surveyors

ORS 209.100. Administering oaths. The county surveyor or a deputy may administer the oaths or affirmations necessary to the legal establishment of roads and other surveys, and to take the evidence of any person who may be produced to prove any point material to such survey. [Amended by 1979 c.653 7]
ORS Chapter 209 — County Surveyors

ORS 209.110. [Repealed by 1979 c.653 18]