reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0010 - Tobacco Product Manufacturers Directory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In exercising the discretion granted by
			 ORS 180.425(2), the
			 Attorney General will consider the following:
(a) Whether the entity tendering a
			 certification is a tobacco product manufacturer;
(b) Timeliness of the certification made by
			 the tobacco product manufacturer;
(c) Completeness, or lack thereof, of the
			 certification made by the tobacco product manufacturer;
(d) Whether the tobacco product manufacturer
			 has provided all requested documents supporting its certification;
(e) Whether the certification is based on
			 misrepresentation, false information, nondisclosure or concealment of
			 facts;
(f) Whether the tobacco
			 product manufacturer is in full compliance with all provisions of Local, State
			 and Federal Law, including but not limited to the provisions of ORS
			 180.410,
			 180.415 and
			 323.800 to
			 323.806.
(g) Whether the tobacco product manufacturer,
			 predecessor of the tobacco product manufacturer, or previous manufacturer of
			 the brand is the subject of an injunction obtained by the State of Oregon for
			 previous failure to comply with the nonparticipating manufacturer
			 statutes;
(h) Whether the tobacco
			 product manufacturer has failed to fully or timely fund a qualified escrow fund
			 approved by the Attorney General;
(i) Whether the tobacco product manufacturer
			 has failed to fully or timely make required equity assessment
			 payments;
(j) Whether all final
			 judgments and penalties, including interest, costs and attorney fees thereon,
			 in favor of the State of Oregon, or any political subdivision thereof, for
			 violation of any Oregon statute, administrative rule or other law, including
			 but not limited to violations of ORS
			 323.800 to
			 323.806, have been fully
			 satisfied for the name, brand family, or tobacco product
			 manufacturer;
(k) Whether the
			 tobacco product manufacturer has corrected deficiencies in its certification or
			 criteria set forth in this section in a timely and thorough manner;
(l) Whether the tobacco product manufacturer
			 has complied in a timely and thorough manner with any request by the Attorney
			 General pursuant to ORS
			 180.435 for additional
			 information or documentation or the criteria set forth in this
			 section;
(m) Whether a
			 nonparticipating manufacturer has posted a sufficient bond required by ORS
			 180.416;
(n) Whether a nonparticipating manufacturer
			 has provided the Attorney General with an importer declaration required by ORS
			 323.806 and Oregon Laws 2023,
			 chapter 401, section 8 for all importers who sell cigarettes manufactured by
			 the non-participating manufacturer into this state; and
(o) Any other facts or circumstances the
			 Attorney General determines are relevant.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0020 - Escrow Deposits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each tobacco
			 product manufacturer shall make the escrow deposits required by ORS
			 323.806 for the 2023 and earlier
			 sales years in quarterly payments for each of the following periods of the
			 year: January 1 through March 31; April 1 through June 30; July 1 through
			 September 30; and October 1 through December 31. The quarterly escrow payments
			 shall be made no later than 15 days after the end of each quarter.
(2) The calculation for the amount of the
			 escrow deposit required for deposit into the qualified escrow fund for any
			 given quarter will be based on the number of units sold by the tobacco product
			 manufacturer during the corresponding quarter, as adjusted for inflation
			 pursuant to ORS 323.806(2)(a)(A)-(E).
(3) Nonparticipating tobacco manufacturers
			 must provide the Attorney General with official notification of the quarterly
			 escrow deposit by filing an Oregon Quarterly Escrow Compliance Certificate and
			 Affidavit with the Office of the Attorney General no later than the 10th day
			 after the deadline for which an escrow deposit is required.
(4) Nonparticipating tobacco manufacturers
			 must provide the Attorney General with official notification of the annual
			 escrow deposit by filing an Oregon Annual Escrow Compliance Certificate and
			 Affidavit with the Office of the Attorney General no later than the 30th day of
			 April following the reporting year.
(5) The Attorney General may at any time,
			 upon written request, require a tobacco product manufacturer to produce all
			 invoices and documentation of sales and other information relied upon in filing
			 a Quarterly or Annual Escrow Compliance Certificate.
(6) If a non-participating manufacturer
			 claims that it has inadvertently deposited more money into its qualified escrow
			 account than is required by ORS
			 323.806, it may make a request
			 to the Attorney General for a refund of the excess not later than three years
			 after the initial deposit was due for the relevant year of sales.
(7) The request described in paragraph 6 must
			 be in writing and must be accompanied by supporting documentation which
			 establishes compliance with ORS
			 323.806 and the basis for the
			 request. The supporting documentation must include:
(a) An explanation of why the initial
			 certificate of compliance and escrow deposit were in error;
(b) An amended certificate of compliance for
			 the year at issue;
(c) Invoices and
			 other documentation of sales into Oregon that the manufacturer relied upon in
			 completing the amended certificate of compliance and release request;
(d) Agreement by the manufacturer that if
			 additional units sold are discovered, the manufacturer will deposit funds
			 within ten days of a notice of deficiency; and
(e) Any other documents or information that
			 the manufacturer determines are necessary for the Attorney General to consider
			 in reviewing the request.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0025 - Model Escrow Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The model
			 escrow agreement set forth in OAR 137-105-0025(2)  is provided for use by
			 tobacco product manufacturers who are required to execute a qualified escrow
			 agreement. A tobacco product manufacturer that executes the model escrow
			 agreement set forth in OAR 137-105-0025(2)  is deemed to have satisfied the
			 requirement of ORS 180.415(2)(b)
			 that it use a form of escrow agreement that has been reviewed and approved by
			 the Attorney General.
(2) [Model
			 Escrow Agreement] [Table not included. See ED. NOTE.]
Table referenced is not included in rule text.
Click here for PDF of
				  table
.
Stat. Auth.: ORS
				  180.415(2)(b)
Stats. Implemented: ORS
				  180-415(2)(b)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0030 - Distributor Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later
			 than the 15th day following the end of each month, each distributor shall
			 report to the Attorney General the total number of cigarettes, littler cigars,
			 and ounces of roll your own tobacco sold on which the distributor affixed tax
			 stamps or otherwise paid the tax due during the reporting month.
(2) Reports under section 1 of this rule
			 should not include cigarettes, little cigars, or roll your own tobacco that
			 were tax paid at the time the distributor acquired them.
(3) In making the reports required by section
			 1 of this rule, the distributor shall certify that the information provided is
			 true and accurate.
(4) The
			 Department of Justice shall promulgate a form entitled Brand Specific Report
			 for Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid
			 for All Manufacturers. Distributors shall use the Brand Specific Report for
			 Cigarettes, Little Cigars, and Roll-Your-Own Product with Oregon Tax Paid for
			 All Manufacturers form for reports required by section 1 of this rule. Brand
			 Specific Report for Cigarettes, Little Cigars, and Roll-Your-Own Product with
			 Oregon Tax Paid for All Manufacturers forms shall be mailed to Department of
			 Justice, Civil Enforcement, 1162 Court Street NE, Salem, Oregon 97301.
Stat. Auth.: ORS
				  180.445
Stats. Implemented:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0040 - Calculation of Time for Purposes of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
In computing any period of time prescribed or allowed by these
				rules, the period shall be calculated as provided in Oregon Rule of Civil
				Procedure 10A.
Stat. Auth.: ORS
				  180.445
Stats. Implemented:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0065 - Little Cigars

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 manufacturer of little cigars shall provide the Department of Justice with the
			 following information:
(a) A list of brand
			 families of little cigars that were sold in Oregon during the preceding
			 calendar year;
(b) A list of brand
			 families of little cigars that have been sold in Oregon at any time during the
			 current calendar year; and
(c) The
			 name and address of all distributors that the manufacturers used during the
			 preceding calendar year or intends to use during the current calendar year to
			 distribute little cigars in Oregon.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 106 - SMOKELESS TOBACCO PRODUCTS › Section 137-106-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to all Oregon
				Administrative Rules contained in division 106 unless the context requires
				otherwise:
(1) "Distributor" has the
			 meaning given that term in ORS
			 180.468.
(2) " Distributor report" means the
			 information required to be provided to the Attorney General under ORS
			 180.483.
(3) "Nonparticipating manufacturer" has the
			 meaning given that term in ORS
			 180.468.
(4) "Participating manufacturer" has the
			 meaning given that term in ORS
			 180.468.
(5) "Smokeless Master Settlement Agreement"
			 has the meaning given that term in ORS
			 323.810.
(6) "Smokeless Tobacco Products" has the
			 meaning given that term in ORS
			 323.810.
(7) "Tobacco product manufacturer" has the
			 meaning given that term in ORS
			 323.810.
Stat. Auth.: ORS
				  180.477,
				  180.483
Stats. Implemented: ORS
				  180.477,
				  180.483
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 106 - SMOKELESS TOBACCO PRODUCTS › Section 137-106-0010 - Tobacco Product Manufacturers Directory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In exercising the discretion granted by
			 ORS 180.477(2), the
			 Attorney General will consider the following:
(a) Whether the entity tendering a
			 certification is a tobacco product manufacturer;
(b) Timeliness of the certification made by
			 the tobacco product manufacturer;
(c) Completeness, or lack thereof, of the
			 certification made by the tobacco product manufacturer;
(d) Whether the tobacco product manufacturer
			 has provided all requested documents supporting its certification;
(e) Whether the certification is based on
			 misrepresentation, false information, nondisclosure or concealment of facts;
(f) Whether the tobacco product
			 manufacturer is in full compliance with all provisions of Local, State and
			 Federal Law, including but not limited to the provisions of ORS
			 180.471,
			 180.474, and
			 323.810 to
			 323.816.
(g) Whether the tobacco product manufacturer,
			 predecessor of the tobacco product manufacturer, or previous manufacturer of
			 the brand is the subject of an injunction obtained by the State of Oregon for
			 previous failure to comply with the nonparticipating manufacturer statutes;
(h) Whether the tobacco product
			 manufacturer has failed to fully or timely fund a qualified escrow fund
			 approved by the Attorney General;
(i) Whether all final judgments and
			 penalties, including interest, costs and attorney fees thereon, in favor of the
			 State of Oregon, or any political subdivision thereof, for violation of any
			 Oregon statute, administrative rule or other law, including but not limited to
			 violations of ORS 323.810 to
			 323.816, have been fully
			 satisfied for the name, brand family, or tobacco product manufacturer;
(j) Whether the tobacco product
			 manufacturer has corrected deficiencies in its certification or criteria set
			 forth in this section in a timely and thorough manner;
(k) Whether the tobacco product manufacturer
			 has complied in a timely and thorough manner with any request by the Attorney
			 General pursuant to ORS
			 180.483 for additional
			 information or documentation or the criteria set forth in this section; and
(l) Any other facts or
			 circumstances the Attorney General determines are relevant.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 106 - SMOKELESS TOBACCO PRODUCTS › Section 137-106-0030 - Distributor Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later
			 than the 20th day following the end of each calendar quarter, each distributor
			 shall report to the Attorney General the total number of smokeless tobacco
			 products sold on which the distributor paid the tax due during the reporting
			 month.
(2) Reports under section 1
			 of this rule should not include smokeless tobacco products that were tax paid
			 at the time the distributor acquired them.
(3) In making the reports required by section
			 1 of this rule, the distributor shall certify that the information provided is
			 true and accurate.
(4) The
			 Department of Justice shall promulgate a form entitled Quarterly Brand Specific
			 Report for Smokeless Tobacco Products with Oregon Tax Paid for All
			 Manufacturers. Distributors shall use the Quarterly Brand Specific Report for
			 Smokeless Tobacco Products with Oregon Tax Paid for All Manufacturers form for
			 reports required by section 1 of this rule. Quarterly Brand Specific Report for
			 Smokeless Tobacco Products with Oregon Tax Paid for All Manufacturers forms
			 shall be mailed to Department of Justice, Civil Enforcement, 1162 Court Street
			 NE, Salem, Oregon 97301.
Stat. Auth.: ORS
				  180.477,
				  180.483
Stats. Implemented: ORS
				  180.477,
				  180.483
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 106 - SMOKELESS TOBACCO PRODUCTS › Section 137-106-0040 - Calculation of Time for Purposes of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
In computing any period of time prescribed or allowed by these
				rules, the period shall be calculated as provided in Oregon Rule of Civil
				Procedure 10A.
Stat. Auth.: ORS
				  180.477,
				  180.483
Stats. Implemented: ORS
				  180.477,
				  180.483
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these division 110 rules:
(1) "Foreclosure avoidance facilitator
			 roster" means the roster of qualified facilitators maintained by the service
			 provider.
(2) "Oregon Foreclosure
			 Avoidance Program" means the resolution conference program established under
			 Oregon Laws 2013, chapter 304.
(3)
			 "Party" means the grantor, the beneficiary and the beneficiary's agent if the
			 beneficiary authorizes the agent to appear on the beneficiary's behalf at the
			 resolution conference.
(4)
			 "Service provider website" means an internet-based system maintained by the
			 service provider at http://www.foreclosuremediationor.org [File Link Not
			 Available] and designed to facilitate the exchange of necessary program-related
			 documents and other information.
Stat. Auth.: 2013 OL Ch. 304
Stats. Implemented: 2013 OL Ch.
				  304
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0110 - Mediator Qualifications, Training and Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A facilitator conducting a resolution
			 conference under the Oregon Foreclosure Avoidance Program shall:
(a) Have conducted at least 20 mediations or
			 resolution conferences of any type or subject matter as a mediator or
			 facilitator. Work performed as an assistant or apprentice under the supervision
			 of a lead mediator or facilitator may also be counted toward the 20-resolution
			 conference requirement. Observations of sessions may not count toward work
			 performed as an assistant or apprentice;
(b) Provide evidence of at least 100 hours of
			 mediation or resolution conference experience as a mediator or facilitator or
			 as an assistant or apprentice mediator or facilitator. Work that a mediator or
			 facilitator performs to prepare for and schedule the mediation or resolution
			 conference or to prepare the parties for a mediation or resolution conference
			 may be counted towards this 100-hour requirement. Observations of sessions may
			 not count toward the 100-hour requirement;
(c) Disclose to the service provider the
			 professional standards to which the facilitator subscribes;
(d) Have successfully participated in at
			 least 30 hours of training that is consistent with the curriculum found in
			 Section 3.2 of the Oregon Judicial Department Court Connected Mediator
			 Qualification Rules effective August 1, 2005;
(e) Provide evidence of successful
			 participation in at least 16 hours of training on foreclosure avoidance
			 programs and the substantive law and legal processes regarding foreclosures in
			 Oregon including ORS Chapter 86; and
(f) Provide evidence of successful
			 participation in at least 8 hours of training on the procedures, practices and
			 policies of the Oregon Foreclosure Avoidance Program. This training shall
			 include some interactive instruction, such as role-playing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0200 - Fees Paid by the Grantor, Fee Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The grantor shall pay a fee of $175 to
			 the service provider at the time required by Oregon Laws 2013, chapter 304,
			 section 3(2)(a). If there are joint or multiple grantors, only one grantor must
			 pay this fee.
(2) The grantor may
			 apply for a waiver of $125 of the fee described in section (1) of this rule at
			 the time the grantor is required by Oregon Laws 2013, chapter 304, section
			 3(2)(a), to pay the fee. The grantor shall pay $50 at the time of the fee
			 waiver request.
(3) A grantor's
			 application for a fee waiver under section (2) of this rule shall be granted if
			 the grantor is able to provide satisfactory evidence to the service provider
			 that the grantor's annual household income is less than:
(a) $ 23,340 for a household of one;
(b) $ 31,460 for a household of
			 two;
(c) $ 39, 580 for a household
			 of three;
(d) $ 47,700 for a
			 household of four;
(e) $ 55,820
			 for a household of five;
(f) $
			 63,940 for a household of six;
(g)
			 $ 72,060 for a household of seven;
(h) $ 80,180 for a household of eight;
(i) $ 88,300 for a household of
			 nine; or
(j) $ 96,420 for a
			 household of ten or more.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0210 - Fees Paid by Beneficiary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 beneficiary requests a resolution conference, the beneficiary shall pay a $200
			 processing fee to the service provider at the time of making the request. The
			 beneficiary shall pay an additional $325 to the service provider within 25 days
			 after the service provider makes the grantor's documents available to the
			 beneficiary, as required by Oregon Laws 2013, chapter 304, section 3(4)(a).
(2) If a grantor requests a
			 resolution conference, the beneficiary or the beneficiary's agent shall pay a
			 fee of $525 to the service provider within 25 days after the service provider
			 makes the grantor's documents available to the beneficiary, as required by
			 Oregon Laws 2013, chapter 304, section 3(4)(a).
(3) If a lienholder other than a beneficiary
			 who requested the resolution conference participates, the lienholder is not
			 required to pay a fee under this rule.
(4) A beneficiary that is otherwise exempt
			 from the requirement to participate in a resolution conference with a grantor
			 pursuant to Oregon Laws 2013, chapter 304, section 2(1)(b), may participate in
			 a resolution conference by:
(a) Submitting a
			 request for a resolution conference in the manner prescribed by OAR
			 137-110-0410;
(b) Paying $325 within 25 days of
			 the date on which the grantor makes the documents required by OAR
			 137-110-0610  available to the service provider; and
(c) Following the resolution conference
			 guidelines set forth in OAR
			 137-110-0600  to
			 137-110-0670.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0300 - Beneficiary Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
Beneficiaries claiming an exemption from the requirement to
				participate in a resolution conference with a grantor under Or Laws 2013,
				chapter 304, section 2(1)(b), shall submit an affidavit that substantially
				complies with the model form provided in Appendix A to these division 110 rules
				and available as "Form 300" at
				http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not
				Available].. The affidavit may be submitted to the Attorney General either:
(1) By U.S. mail addressed to
			 Attorney General of Oregon, Foreclosure Avoidance Mediation Program,1162 Court
			 St. NE, Salem, OR 97301-4096; or
(2) By electronic mail addressed to
			 DOJ@foreclosuremediationOR.org.
Appendices referenced are not included in rule text.
Click here for PDF
				  copy of appendicies
.
Stat. Auth.: 2013 OL Ch. 304, Sec. 2(1)(b) &
				  6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec.
				  2(1)(b)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0410 - Beneficiary Request for Resolution Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A beneficiary may request a resolution
			 conference under Or Laws 2013, chapter 304, section 2(2), by submitting the
			 request, applicable fees, and required information to the service provider
			 using the service provider website or by facsimile or mail. The beneficiary's
			 request under this rule must identify the residential trust deed that the
			 beneficiary intends to foreclose and list the name, title, address, telephone
			 number and other available contact information for:
(a) The beneficiary;
(b) Any agent of the beneficiary that will
			 attend the resolution conference;
(c) Any person other than a person identified
			 in paragraph (a) or (b) of Or Laws 2013, chapter 304, section 2(2), that will
			 receive, on the beneficiary's behalf, notices or other communications related
			 to the resolution conference; and
(d) The grantor.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0420 - Grantor Request for Resolution Conference

Current through Register Vol. 63, No. 7, July 1, 2024
A grantor may request a resolution conference either:
(1) Through a housing counselor who may
			 request a resolution conference on behalf of the grantor by using the service
			 provider website to certify that the grantor is more than 30 days in default on
			 the obligation that the residential trust deed secures or, if the grantor is
			 not in default, that the grantor has a financial hardship that the housing
			 counselor believes may qualify the grantor for a foreclosure avoidance measure.
(2) By submitting a request to the
			 service provider electronically via e-mail or the service provider website, by
			 facsimile, or by mail. The request shall include a certification by a housing
			 counselor that the grantor is more than 30 days in default on the obligation
			 that the residential trust deed secures or, if the grantor is not in default,
			 that the grantor has a financial hardship that the housing counselor believes
			 may qualify the grantor for a foreclosure avoidance measure.
Appendices referenced are not included in rule text.
Click here for PDF copy
				  of appendicies
.
Stat. Auth.: 2013 OL Ch. 304, Sec. 2(3), 3(2), 3(3) &
				  6(1)(g)
Stats. Implemented: 2013 304, sec 2(3), 3(2), 3(3), 6(1)(g)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0600 - Facilitator Authority and Role

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The facilitator has no authority to impose a settlement on the grantor or the
			 beneficiary or to render any decisions on any substantive issue or to make any
			 legal determinations.
(2) The
			 facilitator and the service provider may rely on assertions made in the
			 documents provided by the parties and need not make an independent inquiry.
(3) The facilitator shall:
(a) Act as an impartial intermediary and not
			 as an advocate for the beneficiary or the grantor;
(b) Make appropriate disclosures to the
			 parties about the facilitator's skills and the specific resolution conference
			 approaches the facilitator uses;
(c) Support the ability of the parties to
			 make informed decisions regarding the resolution conference process and
			 outcomes by ensuring that parties are provided with information regarding the
			 resolution conference process and that relevant documents are available to the
			 parties;
(d) Conduct resolution
			 conferences fairly, diligently, even-handedly, and with no personal stake in
			 the outcome;
(e) Avoid actual,
			 potential, or perceived conflicts of interest that can arise from a
			 facilitator's relationship or experience that reasonably raise a question about
			 the facilitator's impartiality;
(f) Affirmatively disclose to the service
			 provider and the parties any actual, potential or perceived conflicts of
			 interest that could raise a question about the facilitator's impartiality;
(g) Where a party, the facilitator
			 or the service provider questions the facilitator's ability to act impartially,
			 and the issue cannot be resolved to the satisfaction of the questioner, the
			 facilitator shall decline to serve or withdraw if already serving as the
			 facilitator in a particular resolution conference. Having questioned a
			 facilitator's impartiality, and that facilitator having declined to serve, the
			 ability of a party to exclude any subsequent facilitator shall be at the
			 discretion of the service provider;
(h) Not engage in any other services, other
			 than the resolution conference, for any of the parties involving the same or
			 significantly related issues, unless the parties agree in writing; and
(i) Preserve the grantor's and the
			 beneficiary's desired levels of confidentiality.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0605 - Resolution Conference Scheduling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10 days after the date on which
			 the beneficiary or grantor requested a resolution conference as provided in
			 Oregon Laws 2013, chapter 304, section 2, the service provider shall send a
			 Notice of Resolution Conference to the grantor and beneficiary. The notice
			 must:
(a) Specify a range of dates within
			 which and a location at which the resolution conference will occur;
(b) State that the beneficiary and the
			 grantor must each pay the facilitator's fees for the resolution conference;
(c) List and describe the
			 documents that the beneficiary and grantor must submit to the service provider;
(d) State that the grantor must
			 consult a housing counselor before attending the resolution conference unless
			 the grantor notifies the service provider that the grantor could not obtain an
			 appointment with a housing counselor before the date of the resolution
			 conference;
(e) State that the
			 grantor may have an attorney or housing counselor present to represent the
			 grantor at the resolution conference, and that the grantor must attend the
			 resolution conference in person unless there are compelling circumstances that
			 prevent attendance in person;
(f)
			 Provide contact information for:
(A) The
			 Oregon State Bar's Lawyer Referral Service;
(B) Service agencies or other providers that
			 offer free or low-cost legal services; and
(C) A list of not-for-profit housing
			 counselors approved the Oregon Housing and Community Services Department.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0610 - Documents Required of the Grantor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The grantor shall provide the following
			 documents to the service provider for provision to the beneficiary within 25
			 days after the date on which the service provider sends a Notice of Resolution
			 Conference:
(a) A completed "Universal Intake
			 Form" provided in Appendix B and available by selecting "Form 610" at
			 http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not
			 Available] or a substantially similar form;
(b) Information about the grantor's income,
			 expenses, debts and other obligations;
(c) A description of the grantor's financial
			 hardship, if any;
(d) Documents
			 that verify the grantor's income.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0620 - Documents Required of the Beneficiary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 25 days after the service provider
			 makes the information the grantor provided under Oregon Laws 2013, chapter 304,
			 and OAR
			 137-110-0610  available to the beneficiary, the beneficiary shall provide the following
			 documents to the service provider for provision to the grantor:
(a) Copies of:
(A) The residential trust deed; and
(B) The promissory note that is
			 evidence of the obligation that the residential trust deed secures and that the
			 beneficiary or beneficiary's agent certifies is a true copy;
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0630 - Rescheduling the Resolution Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon written request from both the
			 grantor and beneficiary, the service provider may reschedule the resolution
			 conference to a mutually agreed-upon date. Written notice shall be provided by
			 facsimile, electronic mail, regular mail, or through the service provider's
			 website.
(2) Upon written request
			 from either grantor or beneficiary, and upon good cause shown, the service
			 provider may reschedule the resolution conference for not more than 30 days
			 after the original date scheduled for the resolution conference. The request
			 shall set forth the circumstances demonstrating good cause with particularity
			 and shall be provided by facsimile, electronic mail, regular mail, or through
			 the service provider's website.
(3) If the service provider grants
			 rescheduling, the service provider shall issue a notice that provides the new
			 date, time, and location of the resolution conference within 10 days of the
			 request for rescheduling.
Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) &
				  6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(5), 6(1)(f) &
				  6(1)(g)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0640 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
No videotaping, transcription or other recording of resolution
				conferences is permitted except by written agreement of the parties and the
				facilitator.
Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) &
				  6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 3(5), 6(1)(f) &
				  6(1)(g)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0650 - Participation in the Resolution Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party wishing to participate in a
			 resolution conference shall do so in accordance with all other provisions of
			 OAR
			 137-110-0001  to
			 137-110-0670.
(2) If a trust deed includes joint
			 or multiple grantors, and fewer than all grantors confirm participation in the
			 resolution conference, the resolution conference may nevertheless occur with
			 the consent of the beneficiary.
(3) The grantor, or any individual that a
			 court appoints to act on the grantor's behalf, must attend the resolution
			 conference in person unless there are compelling circumstances that prevent
			 attendance in person.
(4) The
			 service provider may assist the parties in obtaining an interpreter. However,
			 if the service provider is unable to provide an interpreter, the party needing
			 an interpreter is responsible for securing and paying for the interpreter. The
			 manner of participation of a language interpreter during a resolution
			 conference will be determined by the facilitator.
(5) Any mediator or facilitator wishing to
			 observe a resolution conference for training purposes may only do so with the
			 written consent of all participants.
Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(f) &
				  6(1)(g)
Stats. Implemented: 2013 OL Ch. 304, Sec. 6(1)(f) &
				  6(1)(g)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0670 - Certificate of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 service provider shall issue a certificate of compliance if:
(a) The grantor fails to timely pay the fee
			 required by Oregon Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200;
			 or
(b) The service provider
			 receives a report from the facilitator that complies with Oregon Laws 2013,
			 chapter 304, section 4(4) and the beneficiary has:
(A) Submitted the materials required under
			 section 3(4) of Oregon Laws 2013, chapter 304, to the service provider;
(B) Appeared in person at, or sent
			 an agent to, the resolution conference with complete authority to negotiate on
			 the beneficiary's behalf and commit the beneficiary to a foreclosure avoidance
			 measure, or if the beneficiary or agent did not have complete authority,
			 required the participation by remote communication of a person with complete
			 authority to negotiate on the beneficiary's behalf and commit the beneficiary
			 to a foreclosure avoidance measure;
(C) Signed a document that sets forth the
			 terms of any foreclosure avoidance measure to which the beneficiary and the
			 grantor agreed; and
(D) Complied
			 with sections 2, 3, and 4 of Oregon Laws 2013, chapter 304.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 110 - FORECLOSURE AVOIDANCE MEDIATION PROGRAM › Section 137-110-0675 - Notice That No Certificate of Compliance Will Be Issued

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 beneficiary failed to meet a requirement to which the beneficiary was subject
			 under sections 2, 3 or 4 of Oregon Laws 2013, chapter 304, the service provider
			 shall issue a notice explaining why the service provider will not issue a
			 certificate of compliance.
(2) The
			 service provider may cancel a resolution conference if, prior to the date the
			 resolution conference first convenes, the grantor and beneficiary agree to
			 cancel the conference and confirm their agreement in writing to the service
			 provider. The service provider shall issue a notice explaining why the service
			 provider will not issue a certificate of compliance.
(3) This notice issued under section (1) of
			 this rule shall substantially comply with the model form provided in Appendix D
			 to these division 110 rules and available as "Form 670a" at
			 http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not
			 Available]. Unless otherwise requested, the service provider shall mail the
			 notice described in this rule to the beneficiary(ies) or, if a beneficiary is
			 represented by an attorney, the beneficiary's attorney. The service provider
			 shall mail a copy of the notice described in this rule to the grantor(s).
(4) Unless otherwise requested,
			 the service provider shall mail the notice described in this rule to the
			 beneficiary(ies) or, if a beneficiary is represented by an attorney, the
			 beneficiary's attorney. The service provider shall mail a copy of the notice
			 described in this rule to the grantor(s).
Stat. Auth.: OL 2013, ch. 304, sec 6(1)(f), 6(1)(g)
Stats. Implemented: OL 2013, ch. 304, sec 5, 6(1)(f), 6(1)(g)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 120 - FORECLOSURE AVOIDANCE MEASURE NOTICES › Section 137-120-0020 - Determination of Grantor Ineligibility for or Noncompliance With Foreclosure Avoidance Measure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 beneficiary may comply with the notice requirements of Oregon Laws 2012,
			 chapter 112, section 4a by using the model form provided in the Appendix to
			 these division 120 rules and available as "Form 20" at
			 http://www.doj.state.or.us/consumer/foreclosure_mediation.shtml [File Link Not
			 Available].
(2) A copy of the
			 notice required by Oregon Laws 2012, chapter 112, section 4a shall be submitted
			 to the Attorney General of Oregon at 1162 Court St. NE, Salem, OR 97301-4096 or
			 foreclosureavoidance@doj.state.or.us.
Appendices referenced are not included in rule text.
Click here for PDF
				  copy of appendicies
.
Stat. Auth.: 2013 OL Ch. 304, Sec. 6(1)(g)
Stats. Implemented:2013 OL Ch. 304, Sec.
				  9
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 137-140-0010  to 137-140--0070, the following
				definitions apply:
(1) "Biological
			 evidence" means an individual's blood, semen, hair, saliva, skin tissue,
			 fingernail scrapings, bone, bodily fluids or other identified biological
			 material. "Biological evidence" includes the contents of a Sexual Assault
			 Forensic Evidence (SAFE) kit.
(2)
			 "Buccal" and "buccal swab" means the collection of DNA from the cells and
			 saliva contained on the inside of a person's cheek or mouth by means of a
			 sterile cotton swab.
(3) "Chain of
			 custody" means written or electronic continuous chronological documentation of
			 the seizure, custody, control, transfer, analysis, access to, and disposition
			 of biological evidence.
(4)
			 "Convicted" includes a finding of guilty or responsible except for insanity and
			 a finding that a person is within the jurisdiction of the juvenile court under
			 ORS 419C.005.
(5) "Correctional facility" means any place
			 used for the confinement of persons charged with or convicted of a crime or
			 otherwise confined under a court order and includes but is not limited to a
			 youth correction facility. "Correctional facility" includes a state hospital or
			 a secure intensive community inpatient facility only as to persons detained
			 therein charged with or convicted of a crime, or detained therein after having
			 been found guilty except for insanity of a crime under ORS
			 161.290 to
			 161.370. "Correctional facility"
			 includes a youth correctional facility as defined in ORS
			 420.005 and a detention facility
			 as defined in ORS 419A.004.
(6) "Covered offense" means:
(a) Aggravated murder under ORS
			 163.095;
(b) Murder under ORS
			 163.115;
(c) Manslaughter in the first degree under
			 ORS 163.118;
(d) Manslaughter in the second degree under
			 ORS 163.125;
(e) Aggravated vehicular homicide under ORS
			 163.149;
(f) Rape in the first degree under ORS
			 163.375;
(g) Sodomy in the first degree under ORS
			 163.405; or
(h) Unlawful sexual penetration in the first
			 degree under ORS 163.411.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0030 - Safety, Contamination Prevention, and Security of Biological Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Custodian
			 personnel who routinely collect, retain, preserve, and catalogue biological
			 evidence are encouraged to submit a DNA elimination standard to the Oregon
			 State Police Forensic Services Division for DNA profiling in order to be ruled
			 out as a possible source of contamination of a particular item of biological
			 evidence.
(2) Custodians
			 collecting, retaining and preserving biological evidence should follow best
			 scientific practices. Custodians should avoid:
(a) Over-handling biological evidence in
			 order to minimize loss of evidence and exposure to possible contaminants;
(b) Touching the tips of
			 collection swabs with any individual's fingers or other items except the
			 substrate from which a sample is to be taken;
(c) Contaminating collection swabs by getting
			 them dirty, talking over them, sneezing on them, or blowing on them to make
			 samples dry faster;
(d) Touching
			 water droppers or other bottle tips to any surface or biological evidence;
(e) Allowing tape edges of
			 adhesive lift material from contacting any unclean or contaminated surfaces;
			 and
(f) Licking envelope seals.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0040 - Documentation Guidelines for Biological Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a custodian initiates a criminal
			 investigation, custodian personnel should create a written or electronic file
			 specific for that case in order to contain case documentation of biological
			 evidence for the length of time required by these administrative rules and
			 prevailing law.
(2) Custodians
			 should document the following information regarding biological evidence:
(a) The techniques used for the detection and
			 collection of the evidence;
(b)
			 Date of collection;
(c) Name of
			 persons collecting the evidence;
(d) A descriptive listing of the evidence
			 collected;
(e) A unique identifier
			 of each item of evidence collected such as an item number and case number;
(f) The location where each item
			 of evidence was collected which should be documented by notes, sketches,
			 measurements, photographs, or other similar items; and
(g) Any additional information that the
			 custodian or law enforcement agency deems appropriate.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0050 - General Collection and Preservation Guidelines for Biological Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 collection guidelines.
(a) Custodian
			 personnel responsible for the detection and collection of biological evidence
			 should be aware of applicable laws governing searches, seizures, and search
			 warrants.
(b) Custodians may
			 assign responsibility for biological evidence detection, collection,
			 preservation, retention, and cataloging to appropriate personnel of varying
			 occupations and levels of expertise, for example law enforcement personnel,
			 medical examiners, and medical personnel.
(c) Custodians shall ensure that its
			 personnel are properly trained in biological evidence detection, collection,
			 preservation, retention, and cataloging techniques. Training must include, but
			 not be limited to, record-keeping protocols; crime scene search techniques;
			 rules of evidence handling; safety concerns of biological evidence handling and
			 detection techniques; legal aspects of search warrants, searches, and
			 biological evidence recovery; chain-of-custody documentation and requirements;
			 proper storage techniques for biological evidence; detection, collection, and
			 preservation methods used for biological evidence; and contamination
			 prevention.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0060 - Storage and Preservation of Biological Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Custodians shall use best evidence
			 practices when storing and preserving biological evidence.
(2) Custodians should consider such factors
			 as environmental and ambient conditions when storing biological evidence in
			 order to ensure the isolation, security and integrity of the evidence for
			 future DNA testing through the retention periods specified in ORS
			 133.717 and these administrative
			 rules. Custodians should contact the Oregon State Police Forensic Services
			 Division for questions about appropriate techniques for storing unique items of
			 biological evidence.
Stat. Auth.: ORS
				  133.709
Stat. Implemented: ORS
				  133.705-133.717
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 140 - COLLECTION, RETENTION, PRESERVATION AND CATALOGING OF BIOLOGICAL EVIDENCE › Section 137-140-0070 - Retention Periods for Biological Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Custodians shall retain biological
			 evidence for any covered offense for the periods specified in ORS
			 137.707.
(2) Custodians should confirm with the local
			 district attorney whether a person convicted of a covered offense has served
			 the person's sentence.
(3)
			 Custodians shall use the form provided in Appendix A to seek early disposal of
			 biological evidence.
(4)
			 Custodians shall not dispose of biological evidence without a signed order from
			 a court.
Tables referenced are not included in rule text.
Click here for PDF
				  copy of table(s)
Stat. Auth.: ORS
				  133.709
Stat. Implemented: ORS
				  133.705-133.717