reglab/housing_qa huggingface dataset:
OR Rev Stat § 576.320 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.320 - Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules.

(1) Wages or salaries of employees of a commodity commission established under ORS 576.051 to 576.455 are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. (2) A commodity commission established under ORS 576.051 to 576.455 is not required to utilize office space furnished or obtained by the Oregon Department of Administrative Services as provided in ORS chapter 276. (3) The State Department of Agriculture may charge and collect from each commodity commission established under ORS 576.051 to 576.455 an assessment or fee to reimburse the department for supervisory or administrative functions the department is required by law to perform with regard to commodity commissions. The department shall establish the amount of the assessment or fee by rule. [1993 c.561 §2; 2003 c.604 §38] Note: 576.320 was added to and made a part of ORS chapter 576 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 576.322 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.322 - Legislative ratification of prior actions, rules and appointments.

(1) As used in this section, "commodity commission" means a commission established under ORS 576.051 to 576.455. (2) The Legislative Assembly declares that any action taken prior to May 13, 2013, by a commodity commission having one or more members who were not properly qualified at the time to serve on the commodity commission due to rules regulating the number or geographic representation of commodity commission members is valid and lawful to the same extent that the action would have been valid and lawful if the commodity commission had at the time of the action been in conformance with rules regulating the number and geographic representation of commodity commission members. (3) Notwithstanding ORS 576.206 or 576.304 or any rules adopted under ORS 576.206, the Legislative Assembly ratifies and declares valid any rule adopted by a commodity commission prior to May 13, 2013, that created, amended or abolished a rule or other requirement regulating the number or geographic representation of the commodity commission members. (4) Notwithstanding ORS 576.206 or any rules adopted under ORS 576.206 regarding the number or geographic representation of commodity commission members, the Legislative Assembly ratifies and validates the appointment prior to May 13, 2013, of any commodity commission members who would have qualified for the appointment if no applicable rules regulated the number or geographic representation of the commodity commission members. This subsection does not require the reinstatement of any member removed from a commodity commission prior to May 13, 2013, for any reason. [2013 c.90 §1] Note: 576.322 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 576 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 576.327 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.327 - Exemptions from assessment; rules.

(1) A commodity commission may, by rule, establish exemptions from assessment based on: (a) Commodity quantities; (b) Types of commodity sale; and (c) Types of commodity producer. (2) When adopting a rule for exemptions under subsection (1) of this section, a commission must consider: (a) Laws and rules of the United States and other states relating to commodity commissions, boards and marketing orders; (b) The practices, procedures and customs unique to the production, handling, processing and trading of a particular commodity and to the producers and growers of that commodity; and (c) The cost of collecting the particular assessment and practical problems relating to collection. (3) A producer or handler that is exempted from assessment, but required to submit reports to a commission, is subject to ORS 576.351. [2003 c.604 §9]
OR Rev Stat § 576.335 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.335 - Report by person responsible for collecting assessment.

(1) A person responsible for collecting an assessment for a commodity commission shall make a report to the commission at the time and in the manner required by the commission. (2) A person responsible for collecting an assessment for a commission who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission. A producer required to report and pay an assessment is subject to this section. [1953 c.489 §§24,26; 1959 c.596 §14; subsection (4) enacted as 1965 c.211 §3; 2003 c.604 §40]
OR Rev Stat § 576.345 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.345 - Producer to make reports of and pay assessment moneys on certain sales.

(1) When a first purchaser lives or has an office in another state or is a federal or other governmental agency, the producer shall report all sales made to the purchaser on forms provided by the appropriate commodity commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission. (2) If a producer performs the handling or processing functions on all or a part of the production of the commodity that normally would be performed by another person as first purchaser, the producer shall report sales of the commodity from the production of the producer on forms provided by the appropriate commodity commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission. [1953 c.489 §25; 1959 c.596 §15; subsection (2) enacted as 1959 c.596 §74; 2005 c.22 §400]
OR Rev Stat § 576.351 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.351 - Records of person required to pay or collect assessment; inspections and audits.

(1) Each person required to pay or collect an assessment on a commodity under ORS 576.051 to 576.455 shall keep accurate records sufficient to enable a commodity commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission. (2) For purposes of determining the accuracy of assessments paid or due to a commission, the commission or a person authorized by the commission may: (a) Make an inspection during normal business hours of the business premises of a person required to pay or collect an assessment; and (b) Audit the records of a person required to pay or collect an assessment. (3) For purposes of determining the accuracy of assessments paid or due to a commission, the commission may issue a subpoena for the production of any books, records or documents related to the payment or collection of an assessment to a person required to pay or collect the assessment. (4) If an audit determines that a person is delinquent in the payment or collection of an assessment, the person shall pay the cost of the audit, not to exceed an amount equal to the delinquent assessment. [1959 c.596 §76; 2003 c.604 §41]
OR Rev Stat § 576.355 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.355 - Penalty for delaying transmittal of funds.

(1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commodity commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. (2) A commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause. (3) Notwithstanding subsection (1) of this section, if an assessment is collected pursuant to a federal marketing order or agreement, a commission may establish a penalty or interest rate that is consistent with that order or agreement. [1953 c.489 §28; 2003 c.604 §42]
OR Rev Stat § 576.365 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.365 - Penalty for failure to relinquish assessment moneys to commission; civil action or other remedies.

(1) If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys. (2) A commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under ORS 576.051 to 576.455. (3) If the person responsible for the transmittal of assessment moneys is a corporation, all directors and officers of the corporation are personally liable for a failure to relinquish the assessment moneys collected by the corporation. (4) If a commission obtains a favorable judgment in an action or suit under subsection (2) of this section, the court shall award the commission costs and reasonable attorney fees. (5) Unless the person required to pay an assessment and the person responsible for collecting the assessment are related businesses, the commission may not collect from the person required to pay the assessment any amount deducted by the person responsible for collecting the assessment and due and owing to the commission. [1953 c.489 §27; 1959 c.596 §16; 2003 c.604 §43; 2015 c.27 §55]
OR Rev Stat § 576.370 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.370 - Disputes over assessment amounts; rules governing disputes and establishing assessment periods.

(1) A commodity producer may dispute the amount of a commodity assessment levied against the producer on a unit basis under ORS 576.325 if the total assessment levied against the producer during an assessment period established by commodity commission rule exceeds the total dollar value received by the producer for the raw commodity during that assessment period multiplied by the maximum lawful assessment percentage. (2) A commodity producer who disputes the amount of a commodity assessment as provided under subsection (1) of this section must file any challenge to the assessment with the appropriate commodity commission no later than 60 days after the close of the assessment period. The challenge must be on a form provided by the State Department of Agriculture. A commodity commission shall process a challenge under this section as provided by rules adopted under subsection (4) of this section. (3) A commodity producer filing a challenge under this section bears the burden of proving the total dollar value received by the producer during the assessment period. If the producer acts as a handler or processor for all or part of the producer’s commodity production, the producer also bears the burden of proving that the prices paid to the producer are equivalent to prices paid in arm’s-length transactions. A commodity commission shall refund the amount of the assessment that the producer proves is in excess of the total dollar value received by the producer for the raw commodity during the assessment period multiplied by the maximum lawful assessment percentage. (4) The department shall adopt necessary and proper uniform rules for commodity commissions to carry out this section. The department rules shall include, but need not be limited to, procedures for the filing, processing and formal or informal resolution of challenges and for determining commodity prices paid in arm’s-length transactions. A commodity commission shall adopt rules establishing assessment periods and may adopt supplemental rules that do not conflict with the rules of the department. [2001 c.504 §2; 2003 c.604 §44; 2005 c.22 §401] Note: 576.370 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 576 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 576.372 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.372 - Authority of Oregon Alfalfa Seed Commission to adopt rules authorizing refunds; effect.

(1) In addition to any refund permitted under ORS 576.325, the Oregon Alfalfa Seed Commission may adopt rules that provide for the commission to refund all or part of a commodity assessment levied by the commission upon request of the person paying the assessment. A rule adopted under this subsection may not provide for the commission to refund an amount less than the portion of the assessment used by the commission for advertising and product promotion. (2) If the commission adopts rules pursuant to subsection (1) of this section: (a) Plans and projects recommended by the commission are exempt from State Department of Agriculture review and approval or disapproval under ORS 576.066 (2); and (b) Notwithstanding ORS 576.206, the commission may vote to eliminate the position for a commissioner who is a member of the public. [2003 c.604 §22; 2003 c.604 §23; 2007 c.55 §3; 2011 c.181 §5]
OR Rev Stat § 576.375 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.375 - Payment of commission moneys to authorized agent; financial transactions.

(1) Moneys a person collects or receives from the assessment levied under the authority of ORS 576.325 and other moneys a commodity commission receives must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously appropriated to the commission that makes the deposit for the purpose of carrying out the commission’s duties, functions and powers. (2) Moneys may not be withdrawn from or paid out of the account except upon order of the commission, and upon checks or other orders upon such accounts signed by the secretary-treasurer or such other member of the commission as the commission designates and countersigned by such other member, officer or employee of the commission as the commission designates. The commission shall keep a receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order. (3) Subject to approval by the Director of Agriculture, a commission may invest moneys the commission collects or receives. Investments a commission makes are: (a) Limited to investments described in ORS 294.035; (b) Subject to the investments maturity date limitations described in ORS 294.135; and (c) Subject to the conduct prohibitions listed in ORS 294.145. (4) Interest earned from any moneys a commission invests under subsection (3) of this section is available to the commission in a manner consistent with the commission’s annual budget. [1953 c.489 §22; 1959 c.596 §17; 1967 c.451 §25; 2003 c.604 §45; 2007 c.871 §29; 2010 c.101 §27; 2019 c.587 §51]
OR Rev Stat § 576.385 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.385 - Bond or letter of credit required of person authorized to receive or disburse commission moneys.

Any person authorized by a commodity commission to receive or disburse moneys as provided in ORS 576.375 shall file with the commission a fidelity bond executed by a surety company authorized to do business in this state or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit must be in favor of the commission and the State of Oregon, in an amount equal to the maximum amount of moneys the commission determines the person will have subject to control at any one time and upon such conditions as the commission shall prescribe. The commission shall pay the cost of the bond or letter of credit. [1953 c.489 §23; 1957 c.447 §20; 1959 c.596 §19; 1991 c.331 §86; 1997 c.631 §499; 2005 c.22 §402]
OR Rev Stat § 576.392 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.392 - Cancellation of uncollectible assessment; subsequent collection.

A commodity commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245. [2003 c.604 §11 (enacted in lieu of 576.391)]
OR Rev Stat § 576.395 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.395 - Books, records and accounts of commission.

Each commodity commission shall keep accurate books, records and accounts of all its dealings, which shall be open to inspection and audit by the Secretary of State. [1953 c.489 §30; subsection (2) enacted as 1959 c.596 §75; 1973 c.794 §30; 2005 c.22 §403]
OR Rev Stat § 576.410 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.410 - "Fiscal year" defined.

As used in ORS 576.413 to 576.445, "fiscal year": (1) Except as provided in subsection (2) of this section, means the 12-month period commencing on July 1 and ending on June 30. (2) If adopted by a commodity commission rule that has taken effect as provided under ORS 576.413, means the 12-month period commencing on January 1 and ending on December 31. [1959 c.596 §21; 2013 c.12 §3]
OR Rev Stat § 576.413 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.413 - Adoption of calendar year as fiscal year.

(1) A commodity commission may adopt a rule allowing the commission to operate using a fiscal year that begins January 1 and ends December 31 each year. A commission shall consult with the Director of Agriculture and the Department of Justice prior to adopting a rule described in this section. A rule described in this section may not take effect unless: (a) The commission obtains any necessary approvals from taxing authorities to use a fiscal year that begins January 1 and ends December 31 when reporting information; (b) The commission submits a recommendation regarding any plans and projects for the transition period of July 1 to December 31 to the director for review and approval as described in ORS 576.066; and (c) Notwithstanding the annual basis requirement in ORS 576.416 (1), the commission prepares, submits for public comment, adopts and receives approval for a budget for the transition period as provided under ORS 576.416 (2) to (7). (2) A recommendation submitted under ORS 576.066 regarding plans and projects for the transition period must be separately stated and presented for separate review and approval from any recommendation submitted under ORS 576.066 regarding plans and projects for the subsequent fiscal year. (3) A budget prepared for a transition period must be submitted for public comment, adopted and approved separately from the budget prepared for the subsequent fiscal year. ORS 576.416 and this subsection do not prohibit a commission from submitting a transition period budget and fiscal year budget for separate public comment or adoption at the same public meeting. (4) This section does not authorize the use of a fiscal year that begins January 1 and ends December 31 by any entity that: (a) Receives funding from the State Treasury; or (b) Is subject to budget review or modification by the Legislative Assembly. [2013 c.12 §2]
OR Rev Stat § 576.420 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.420 - Expenditures prohibited unless budget procedure complied with.

An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of a commodity commission under ORS 576.051 to 576.455 unless the commission complies with ORS 576.416. [1959 c.596 §24; 2003 c.604 §46]
OR Rev Stat § 576.440 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.440 - Limitation on expenditures.

(1) Except as otherwise provided in subsection (2) of this section, an expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of a commodity commission under ORS 576.051 to 576.455: (a) In excess of the total amount of expenditures estimated for the fiscal year in the budget adopted for the fiscal year or in excess of the total amount of expenditures estimated for the major group or category of the expenditure for the fiscal year in the budget adopted for the fiscal year. (b) For any purpose different than that indicated by the major group or category of the expenditure in the budget adopted for the fiscal year. (2) An expenditure of moneys for a fiscal year unforeseen at the time the budget is prepared may not be made or incurred by or under the authority of the commission under ORS 576.051 to 576.455 in excess of the amount of unforeseen expenditures estimated as provided in ORS 576.416. [1959 c.596 §28; 2003 c.604 §47]
OR Rev Stat § 576.445 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 576 - Agricultural Marketing Generally|Section 576.445 - Unforeseen expenditures.

(1) Subject to ORS 576.440 (2), expenditures of moneys for a fiscal year unforeseen at the time the budget of a commodity commission is prepared may be made or incurred by order of the commission. The order must indicate the amount and purpose of the expenditure and why the expenditure was unforeseen. At least one copy of the order must be filed in the office of the commission and available for public inspection during normal business hours of the commission. (2) The commission shall send a copy of the order to the Director of Agriculture. The director shall examine the order and the budget to which the order relates. The director shall certify the order if the director determines that the form of the order is in accordance with law, that the facts set forth in the order and the budget to which the order relates indicate that the order is in accordance with law, and that the proposed unforeseen expenditure is appropriate to accomplish the goals and needs of the commission. The director shall immediately notify the commission if the director determines that the order is defective because of a failure to comply with ORS 576.416, because the final budget or the preparation or adoption of the final budget is defective or because estimated expenditures are not in conformity with statutory requirements. The commission shall promptly take all practicable steps to remedy the defects. The director shall retain the certified copy of the order and make the copy available for public inspection during normal business hours of the State Department of Agriculture. [1959 c.596 §29; 1977 c.198 §14; 1993 c.98 §20; 2003 c.604 §48]