reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0100 - Environmental Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 During construction and operation of a uranium mill, the site certificate
			 holder shall implement an environmental monitoring program to evaluate all
			 aspects of the environment and to analyze the environment of the site compared
			 to the baseline environmental data presented in the site certificate
			 application and to the projected environmental impacts of facility
			 operation.
(2) The certificate
			 holder shall submit the environmental monitoring program to the Council for
			 approval. The Council may consult with affected state agencies before approving
			 the program.
(3) In the
			 environmental monitoring program, the certificate holder shall address each
			 item discussed in the environmental assessment, including but not limited to
			 the following:
(a) Geography: The site
			 certificate holder shall determine, evaluate and summarize any changes in land
			 ownership and land use within 5 miles of the mill.
(b) Demography, Sociology and Economics: The
			 site certificate holder shall evaluate any changes in population and nearest
			 residences and the effects of facility operation on public services,
			 demographic characteristics and economic status of the affected
			 communities.
(c) Historic and
			 Cultural Resources: The site certificate holder shall determine any changes,
			 attributable to facility operation, in the status of any resources described in
			 the application.
(d) Meteorology:
			 The site certificate holder shall monitor those parameters necessary to
			 evaluate environmental impacts of mill operation including, but not limited to
			 wind speed and direction.
(e)
			 Hydrology: The site certificate holder shall monitor ground water and surface
			 water sources to determine impacts of the facility on water sources.
(f) Geology: The site certificate holder
			 shall identify any significant geological discoveries and their potential
			 impacts on operation of the facility.
(g) Seismology: The site certificate holder
			 shall identify nearby earthquakes by location and intensity.
(h) Ecology: The site certificate holder
			 shall maintain a program to identify changes in the ecological baseline and
			 determine the extent to which mill operation is responsible for those
			 changes.
(i) Radiological: The site
			 certificate holder shall conduct an operational monitoring program designed to
			 identify impacts on the environment and to allow dose assessments of any
			 affected populations.
(j) Chemical:
			 The site certificate holder shall maintain a monitoring program to assess
			 project related impacts of non-radiological materials on the environment
			 including bioaccumulation or biological effects.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0115 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
If air or water pollution control mechanisms malfunction or
				other factors result in emissions or discharges in violation of applicable
				standards, the certificate holder shall take the following actions:
(1) For a violation of an emission standard
			 or discharge limit administered by an agency other than the Council, the
			 certificate holder shall submit to the Council copies of all notifications
			 required by the agency at the same time the notifications are submitted to the
			 agency.
(2) For a violation of an
			 emission or discharge standard imposed by the Council, the site certificate
			 holder shall:
(a) Notify the Department of
			 Energy of the violation as soon as reasonably possible after the occurrence,
			 giving all pertinent facts including the estimated duration of the
			 breakdown.
(b) Promptly initiate
			 and complete appropriate actions to correct the conditions that resulted in the
			 violation.
(c) Cease or discontinue
			 operations of those portions of facility operation contributing to the
			 violation, if the violation is not otherwise corrected within 48 hours after it
			 began, except as required under sections (3) and (4).
(d) Submit to the Council an initial written
			 report of the failure or breakdown within ten days after the occurrence. When
			 the condition has been corrected, the certificate holder shall submit a final
			 written report to the Council describing the causes and the actions taken to
			 prevent similar upsets or breakdown conditions. If more than 45 days elapse
			 between the initial and final reports, the certificate holder shall submit
			 monthly status reports.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0117 - Mill Decommissioning

Current through Register Vol. 63, No. 7, July 1, 2024
Following the operational life of the facility, the certificate
				holder shall decontaminate the site, except for the tailings disposal area, to
				permit unrestricted use of the site. Reclamation of the tailings disposal area
				is subject to the requirements of OAR 345-095-0120.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0118 - Mine Reclamation

Current through Register Vol. 63, No. 7, July 1, 2024
Following the operational life of the facility, the certificate
				holder shall reclaim the mine site by modifying overburden and waste dump
				slopes to grades favorable to reclamation and by implementing surface water
				management measures to prevent water collection or erosion in the area and to
				aid in revegetating the site.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0120 - Tailings Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
The certificate holder shall reclaim the final disposal site
				for uranium mill tailings to meet the following requirements:
(1) Above grade tailings disposal systems
			 must be constructed to include a secondary dam or dike capable of, and designed
			 to, contain the maximum quantity of tailings which could be released in the
			 case of primary containment failure. Where a multiple dam or dike system is
			 used, secondary dams or dikes must be provided to retain any tailings released
			 in the failure of any section of the primary containment.
(2) Following abandonment and sufficient
			 drying time to permit satisfactory reclamation, tailings must be covered by
			 sufficient capping material and/or overburden, not less than three meters in
			 thickness, to ensure that radon flux from the surface of the disposal area does
			 not exceed two picocuries per square meter per second above
			 background.
(3) External gamma
			 radiation levels above background must not be statistically
			 significant.
(4) The site must be
			 covered with riprap and must be revegetated with plant life compatible with
			 projected site uses.
(5) Following
			 reclamation, the site certificate holder shall develop and maintain an
			 environmental surveillance program, approved by the Council, to verify the
			 adequacy of reclamation and revegetation methods in complying with requirements
			 of this rule. The certificate holder shall continue to implement the
			 surveillance program until the state or federal government has accepted title
			 to the property and until the certificate holder has completed its financial
			 obligations as required by OAR 345-095-0150.
(6) All tailings disposal sites must be lined
			 with natural materials selected for their impermeability.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0150 - Financial Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before beginning construction of the uranium mill, the site certificate holder
			 shall provide financial assurance, in a form and amount acceptable to the
			 Council, sufficient to cover the cost of decommissioning the uranium mill and
			 its associated facilities in accordance with OAR 345-095-0117, 345-095-0118,
			 and 345-095-0120  and to provide long term monitoring and maintenance in an
			 amount specified in the site certificate.
(2) When the site certificate holder has
			 completed the decommissioning required in OAR 345-095-0117, 345-095-0118  and
			 345-095-0120  and the state or federal government has accepted title to the
			 site, the site certificate may be terminated as described in OAR
			 345-027-0110.
(3) The adequacy of
			 bonding or other funds shall be reviewed and adjusted by the Council annually
			 following receipt of the site certificate holder's financial report described
			 in OAR 345-095-0160.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0160 - Financial Report

Current through Register Vol. 63, No. 7, July 1, 2024
The site certificate holder and any parties owning a
				controlling interest in the site certificate holder and having the power to
				control the activities of the site certificate holder or successors in
				ownership shall provide to the Council an annual financial report that
				demonstrates financial qualifications to construct and operate the facility and
				that includes a discussion of the adequacy of, and any changes in, the
				financial assurance required under OAR 345-095-0150.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.501
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 adopts a Legal Description of each of the thirteen urban areas designated in
			 the Columbia River Gorge National Scenic Area Act ("National Scenic Area Act"
			 or "Act"). This division may be expanded in the future to include legal
			 descriptions of the exterior boundary of the National Scenic Area and of the
			 boundaries of the special management areas designated in the Act.
(2) The maps that Congress enacted as part of
			 the National Scenic Area Act in 1986 were not drawn to cartographic or
			 surveying standards. Congress did not provide any legal description of other
			 documentation accompanying the maps. Different maps enacted in section 4(e) and
			 sections 4(a) and 4(c) of the National Scenic Area Act differ and conflict.
Subsequently, in 1987, the U.S. Forest Service prepared new
				maps addressing many of the issues with the maps that Congress enacted. The
				U.S. Forest Service did not provide any legal description, and provided only
				limited documentation accompanying the maps. The Commission, U.S. Forest
				Service, and others have used the 1987 maps almost exclusively for
				administration of the National Scenic Area Act.
The Commission has experienced many situations in which the
				maps that Congress enacted were drawn to a scale that is too coarse for
				precision decision making at a parcel level. In addition, improvements in
				geographic information systems and locational technology have made the
				identification of precise boundaries more readily available; thus landowners
				and others involved in land planning expect more precise identification of
				boundaries established by the National Scenic Area Act.
(3) This rule promotes the efficient and
			 reasonable administration of the National Scenic Act and affords interested
			 persons notice of the Commission's interpretation of the maps referenced in
			 section 4(e) of the National Scenic Area Act. This rule shall be applied to
			 carry out these objectives.
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Section 4(e) of the National Scenic Area Act specifies that the
				boundaries of urban areas are "generally depicted" on maps that Congress
				enacted as part of the National Scenic Area Act. The Columbia River Gorge
				Commission, U.S. Forest Service, and Gorge counties need precise legal
				descriptions to develop and administer the Management Plan and land use
				ordinances for the National Scenic Area pursuant to sections 6, 7, and 8 of the
				Act, and the Commission needs precise legal descriptions before making minor
				revisions to the boundaries pursuant to section 4(f). The Commission and U.S.
				Forest Service therefore have inherent authority to interpret the generally
				depicted boundaries, consistent with congressional intent, to administer the
				Act.
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In this rule, unless the context or subject matter requires
				otherwise:
(1) "Cities" means
			 incorporated cities within the Columbia River Gorge National Scenic Area:
			 Cascade Locks, Hood River, Mosier and The Dalles in Oregon; and White Salmon,
			 Bingen, Stevenson, and North Bonneville in Washington.
(2) "Commission" means the Columbia River
			 Gorge Commission.
(3) "Counties"
			 means Multnomah, Hood River and Wasco counties in Oregon; and Clark, Skamania
			 and Klickitat counties in Washington.
(4) "Legal Description" or "Legal
			 Descriptions," when capitalized, means the legal descriptions adopted in
			 section 030(1) below and contained in the appendix to this rule. When not
			 capitalized, the term, "legal description" or "legal descriptions" does not
			 mean the Legal Descriptions adopted in section 030(1).
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0030 - Adoption and Use of Legal Descriptions and Maps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission adopts the Legal
			 Descriptions contained in the appendix to this rule.
(2) The Commission, counties, cities,
			 landowners, and other interested persons shall use the Legal Descriptions for
			 all planning, decisions, and other actions requiring reliance on the location
			 of a boundary of an urban area.
(3)
			 The Legal Descriptions have not been monumented or otherwise marked on the
			 ground, except that specific angle points and courses may reference monuments
			 and precise features that existed at the time the Commission adopted the Legal
			 Descriptions. Landowners that want to monument or otherwise mark the Legal
			 Descriptions on their property shall use a licensed surveyor to do so. The
			 Commission will not rely on monuments or markings unless a licensed surveyor
			 has placed them.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0040 - Resolving Prior Interpretations

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission, Commission staff, U.S. Forest Service staff,
				and surveyors have made prior interpretations of the maps that Congress
				enacted. These prior interpretations may differ from the Legal Descriptions.
				The Legal Descriptions shall prevail in the event of a difference. Land use
				claims involving any difference shall be resolved in accordance with the
				Existing Uses provisions in the applicable county or Commission land use
				ordinance corresponding to the Existing Uses provisions in Section 7 of the
				Management Plan.
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 10 - LEGAL DESCRIPTIONS › Section 350-010-0050 - Natural and Human Management Processes Do Not Affect Urban Area Boundaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The location of
			 an urban area boundary does not shift in response to natural processes that
			 occur over a long period of time, such as accretion and reliction of rivers and
			 streams or ordinary high water, or as a result of major sudden event, such as
			 an avulsion, flooding, landslide, or earthquake. The urban area boundary
			 remains at the location described prior to the event.
(2) The location of an urban area boundary
			 does not shift in response to management of the normal pool elevation behind
			 Bonneville and The Dalles dams. The normal pool elevation is as defined by dam
			 operations on November 17, 1986.
(3) The location of an urban area boundary
			 does not shift in response to relocation or realignment of linear features,
			 including but not limited to roads and highways, railroads, pipelines, or
			 powerlines, or their associated rights-of-way or easements. A Legal Description
			 that uses a linear feature means the linear feature as it existed on November
			 17, 1986, or as otherwise noted in the Legal Description.
(4) The location of an urban area boundary
			 does not shift in response to changes in land management boundaries, including,
			 but not limited to, municipal boundaries and approved urban growth boundaries.
			 A Legal Description that refers to a land management boundary means the land
			 management boundary as it existed on November 17, 1986, or as otherwise
			 described in the Legal Description.
Statutory/Other Authority: ORS
				  196.150; RCW
				  34.97.015;
				  16 U.S.C.
				  544b(e)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  34.97.015 &
				  16 U.S.C.
				  544b(e)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0001 - Definitions for 350-011-0001 to 350-011-0010

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Decision" means any determination,
			 action, vote or final disposition upon a motion, proposal, resolution, order,
			 ordinance or measure on which a vote of the commission is required at any
			 meeting at which a quorum is present.
(2) "Executive session" means any meeting or
			 part of a meeting of the commission which is closed to certain persons for
			 deliberation on certain matters.
(3) "Commission" means the Columbia River
			 Gorge Commission or any Commission committee which consists of two or more
			 members, with the authority to make decisions for or recommendations to the
			 commission on policy or administration.
(4) "Meeting" means the convening of the
			 commission for which a quorum is required in order to make a decision or to
			 deliberate toward a decision on any matter. "Meeting" does not include any
			 onsite inspection of any project or program. "Meeting" also does not include
			 the attendance of members of the commission at any national, regional or state
			 association to which the commission or members of the commission
			 belong.
Stat. Auth.: ORS
				  196.160 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.160, RCW 43.97.015 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0006 - Executive Sessions Permitted on CertainMatters; Procedures; News Media Representatives' Attendance; Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission can hold executive session
			 during a regular, special or emergency meeting, after the presiding officer has
			 identified the authorization for the holding of such executive session.
			 Executive session may be held:
(a) To
			 consider the employment of a public officer, employee, staff member or
			 individual agent. The exception contained in this paragraph does not apply to:
(A) The filing filling of a vacancy in an
			 elective office;
(B) The filling of
			 a vacancy on any public committee, commission or other advisory
			 group;
(C) The consideration of
			 general employment policies;
(D)
			 The employment of the chief executive officer, other public officers, employees
			 and staff members of any public body unless the vacancy in that office has been
			 advertised, regularized procedures for hiring have been adopted by the public
			 body and there has been opportunity for public input into the employment of
			 such an officer. However, the standards, criteria and policy directives to be
			 used in hiring chief executive officers shall be adopted by the commission in
			 meetings open to the public in which there has been opportunity for public
			 comment.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0007 - Meetings by Means of Telephonic or Electronic Communication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any meetings,
			 including an executive session, of the commission which is held through the use
			 of telephone or other electronic communication shall be conducted in accordance
			 with 350-011-0001  to 350-011-0010.
(2) When telephone of other electronic means
			 of communication is used and the meeting is not an executive session, the
			 commission shall make available to the public at least one place where the
			 public can listen to the communication at the time it occurs by means of
			 speakers or other devices. The place provided may be a place where no member of
			 the commission is present.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0008 - Enforcement of 350-011-0001 to 350-011-0007; Effect of Violation on Validity of Decision of the Commission, Liability of Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person affected by a decision of the
			 commission may commence a suit in the circuit court or superior court of the
			 county in which the commission ordinarily meets, for the purpose of requiring
			 compliance with, or the prevention of violations of 350-011-0001  to
			 350-011-0007, by members of the commission, or to determine the applicability
			 of 350-011-0001  to 350-011-0007  to matters or decisions of the commission. The
			 court may order such equitable relief as it deems appropriate in the
			 circumstances. A decision made in violation of 350-011-0001  to 350-011-0007  is
			 voidable.
(2) If the court makes a
			 finding that a violation of 350-011-0001  to 350-011-0007  has occurred under
			 subsection (1) of this section and that the violation is the result of wilful
			 misconduct by any member or members of the commission, that member or members
			 shall be jointly and severally liable to the commission for the amount paid by
			 the commission under subsection (1) of this section.
(3) Each member of the commission who attends
			 a meeting of the commission where action is taken in violation of any provision
			 of this division, with knowledge of the fact that the meeting is in violation
			 thereof, shall be subject to personal liability in the form of a civil penalty
			 in the amount of one hundred dollars. The civil penalty shall be assessed by a
			 judge of the circuit court or superior court and an action to enforce this
			 penalty may be brought by any person. A violation of this chapter does not
			 constitute a crime and assessment of the civil penalty by a judge shall not
			 give rise to any disability or legal disadvantage based on conviction of a
			 criminal offense.
(4) Any person
			 who prevails against a public agency in any action in the courts for a
			 violation of this chapter shall be awarded all costs, including reasonable
			 attorney fees, incurred in connection with such legal action. If the commission
			 prevails in an action in the courts for a violation of this chapter, it may be
			 awarded reasonable expenses and attorney fees upon final judgment and written
			 findings by the trial judge that the action was frivolous and advanced without
			 reasonable cause.
(5) The
			 provisions of this section shall be the exclusive remedy for an alleged
			 violation of 350-011-0001  to 350-011-0007.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0009 - Prima Facie Evidence of Violation Required of Plaintiff

Current through Register Vol. 63, No. 7, July 1, 2024
In any suit commenced under 350-011-0008(1), the plaintiff
				shall be required to present prima facie evidence of a violation of
				350-011-0001  to 350-011-0007  before the commission shall be required to prove
				that its acts in deliberating toward a decision complied with the law. When a
				plaintiff presents prima facie evidence of a violation of the open meeting law,
				the burden to prove that the provisions of 350-011-0001  to 350-011-0007  were
				complied with shall be on the commission.
Stat. Auth.: ORS
				  196.160 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.160, RCW 43.97.015 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 11 - OPEN MEETINGS › Section 350-011-0011 - Regular Meetings to Include Time for Public Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At all regular meetings of the
			 Commission, the Commission shall provide time for public comment for issues not
			 on the Commission's agenda, and an opportunity for Tribal Nations to address
			 the Commission.
(2) The Commission
			 may limit the time for public comment and opportunity for Tribal Nations to
			 address the Commission in a manner that limits time for each speaker, or the
			 number of speakers.
(3) The
			 Commission may exclude comment that concerns matters likely to come before the
			 Commission in a hearing where the Commission must disclose ex parte
			 communications and comply with the Washington Appearance of Fairness doctrine.
			 The presiding officer may exclude other comment that is
			 inappropriate.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS 196150; RCW 43.97.015;  16 U.S.C. Sec. 544c(b)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0002 - Right to Inspect Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
Every person has a right to inspect any public record of the
				commission, except as otherwise expressly provided by
				350-012-0008.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0005 - Forms of Public Records; Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The custodian of any public record which
			 a person has a right to inspect shall give the person, on demand, a certified
			 copy of it, if the record is of a nature permitting such copying, or shall
			 furnish reasonable opportunity to inspect or copy.
(2) If a public record is maintained in a
			 machine readable or electronic form, the custodian shall provide copies of the
			 public record in the form requested, if available. If the public record is not
			 available in the form requested, it shall be made available in the form in
			 which it is maintained.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0006 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 will establish a schedule of fees to reimburse it for its actual costs in
			 making such records available except for requests from government agencies and
			 the media, and for routine notices and agendas. This applies to both regular
			 and certified copies of records.
(2) If the Commission makes a request
			 available on a partial or installment basis, the Commission may charge for each
			 part of the request as it is provided. If an installment of a records request
			 is not claimed or reviewed, the Commission is not obligated to fulfill the
			 balance of the request.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0007 - Fulfilling Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall respond promptly to requests for public records. Within five
			 business days of receiving a public records request, the Commission shall
			 respond by (1) providing the record; (2) acknowledging that the Commission has
			 received the request and providing a reasonable estimate of the time the
			 Commission will require to respond and an estimate of the fees that the
			 requester must pay as a condition of receiving the public records; or (3)
			 denying the public record request. Additional time to respond to a request may
			 be based upon the need to clarify the intent of the request, to locate and
			 assemble the information requested, to notify third persons or agencies
			 affected by the request, or to determine whether any of the information
			 requested is exempt and that a denial should be made as to all or part of the
			 request. In acknowledging receipt of a public record request that is unclear,
			 the Commission may ask the requestor to clarify what information the requestor
			 is seeking. If the requestor fails to clarify the request, the Commission need
			 not respond to the original request. Denials of requests must be accompanied by
			 a written statement of the specific reasons for denial.
(2) The Commission shall make public records
			 available on a partial or installment basis as records that are part of a
			 larger set of requested records are assembled or make ready for inspection or
			 disclosure.
(3) The Commission
			 shall not deny a request for identifiable public records solely on the basis
			 that the request is overbroad.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0009 - Public Records Officer

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission's Executive Director or her appointee shall
				serve as the Commission's public records officer whose responsibility is to
				serve as a point of contact for members of the public in requesting disclosure
				of public records and to oversee the Commission's compliance with the public
				records disclosure requirement of this division.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &
				  16 USC
				  544 c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0001 - Definitions for 350-014-0001 to 350-014-0005

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context requires
				otherwise:
(1) "Assist" means to act,
			 or offer or agree to act, in such a way as to help, aid, advise, furnish
			 information to, or otherwise provide assistance to another person, believing
			 that the action is of help, aid, advice, or assistance to the person and with
			 intent so to assist such person. "Assist" does not include referring another
			 person to other persons or sources of advice and information, and other
			 non-substantive advice or assistance.
(2) "Business" means any corporation,
			 partnership, proprietorship, firm, enterprise, franchise, association,
			 organization, self-employed individual and any other legal entity operated for
			 economic gain.
(3) "Business with
			 which the person is associated" means any business of which the person or a
			 member of the person's household is a director, officer, owner or employee, or
			 any corporation in which the person or a member of the person's household owns
			 or has owned stock worth $1,000 or more at any point in the preceding calendar
			 year.
(4) "Potential conflict of
			 interest" means any action or any decision or recommendation by a person acting
			 in a capacity as a public official, the effect of which would be to the private
			 pecuniary benefit or detriment of the person or a member of the person's
			 household, unless the pecuniary benefit or detriment arises out of the
			 following:
(a) An interest or membership in a
			 particular business, industry, occupation or other class required by law as a
			 prerequisite to the holding by the person of the office or position.
(b) Any action in the person's official
			 capacity which would affect to the same degree a class consisting of all
			 inhabitants of a state, or a smaller class consisting of an industry,
			 occupation or other group including one of which or in which the person, or a
			 member of the person's household or business with which the person is
			 associated, is a member or is engaged.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0002 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in these rules is intended to affect:
(1) Any other statute or rule requiring
			 disclosure of economic interest by a public official or public
			 employee.
(2) Any statute or rule
			 prohibiting or authorizing specific conduct on the part of any public official
			 or public employee.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0003 - Code of Ethics

Current through Register Vol. 63, No. 7, July 1, 2024
The following actions are prohibited regardless of whether
				potential conflicts of interest are announced or disclosed pursuant to
				350-014-0004:
(1) No public official
			 shall use official position or office to obtain financial gain for the public
			 official, other than official salary, honoraria or reimbursement of expenses,
			 or for any member of the household of the public official, or for any business
			 with which the public official or a member of the household of the public
			 official is associated.
(2) No
			 public official or candidate for office or a member of the household of the
			 public official or candidate shall solicit or receive, whether directly or
			 indirectly, during any calendar year, any gift or gifts from any single source
			 who could reasonably be known to have a legislative or administrative interest
			 in any governmental agency in which the official has any official position or
			 over which the official exercises any authority.
(3) No public official shall solicit or
			 receive, either directly or indirectly, and no person shall offer or give to
			 any public official any pledge or promise of future employment, based on any
			 understanding that such public official's vote, official action or judgment
			 would be influenced thereby.
(4) No
			 public official shall further the personal gain of the public official through
			 the use of confidential information gained in the course of or by reason of the
			 official position or activities of the public official in any way.
(5) No person shall offer during any calendar
			 year any gifts to any public official or candidate therefore or a member of the
			 household of the public official or candidate if the person has a legislative
			 or administrative interest in a governmental agency in which the official has
			 any official position or over which the official exercises any
			 authority.
(6)
(a) Except in the course of official duties
			 or incident to official duties, a public official, as defined in this division,
			 may not assist another person, directly or indirectly, whether or not for
			 compensation, in a transaction involving the Commission:
(A) In which the public official has at any
			 time participated; or
(B) If the
			 transaction involving the Commission is or has been under the official
			 responsibility of the public official within a period of two years preceding
			 such assistance.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0004 - Declaration of Potential Conflicts, Methods of Handling Potential Conflicts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When met with a
			 potential conflict of interest, a public official shall:
(a) If the public official is an appointed
			 public official serving on the commission, announce publicly the nature of the
			 potential conflict prior to taking any official action thereon.
(b) If the public official is any other
			 appointed official subject to this chapter, notify in writing the person who
			 appointed the public official to office of the nature of the potential
			 conflict, and request that the appointing authority dispose of the matter
			 giving rise to the potential conflict. Upon receipt of the request, the
			 appointing authority shall designate within a reasonable time an alternate to
			 dispose of the matter, or shall direct the official to dispose of the matter in
			 a manner specified by the appointing authority.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0005 - Recording of Notice of Potential Conflict; Effect of Failure to Disclose Conflict

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a public official gives notice of potential conflict of interest, the
			 potential conflict shall be record in the official records of the public
			 body.
(2) No decision or action of
			 any public official or any board or commission on which the public official
			 serves or agency by which the public official is employed shall be voided by
			 any court solely by reason of the failure of the public official to disclose a
			 conflict of interest.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0006 - Ex Parte Contact

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Members of the Commission shall not have ex parte contact, i.e. discussion of
			 specific issues regarding a pending land use permit, with applicants or
			 interested parties seeking a land use permit, or opponents to the permit, while
			 the application or appeal thereto is pending under a land use ordinance for the
			 Scenic Area.
(2) Members of the
			 Commission shall place on the record of the appeal or proceedings under these
			 rules any ex parte contact set forth in subsection (1). The Chair or presiding
			 officer shall notify all parties to the appeal or proceeding. The Chair or
			 presiding officer shall consider the position of the parties and, after review
			 of the matter, make a recommendation to the Commission to ensure the appearance
			 of fairness is maintained. The member of the Commission who was the subject of
			 the ex parte contact may voluntarily step down from hearing the matter. The
			 Commission may also request the member of the Commission to participate in the
			 appeal or proceedings or, the member of the Commission step down from hearing
			 the matter.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 14 - CONFLICT OF INTEREST › Section 350-014-0007 - Appearance of Fairness

Current through Register Vol. 63, No. 7, July 1, 2024
Members of the Commission shall comply with the appearance of
				fairness in appeals and proceedings under Rules 350-060 et seq. and Rules
				350-070 et seq.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 15 - PUBLIC CONTRACTING › Section 350-015-0100 - Public Contracting

Current through Register Vol. 63, No. 7, July 1, 2024
For reasons of efficiency, and to avoid a piecemeal approach to
				public contracting administration, the Commission shall conduct public
				contracting in accordance with the public contracting law of the State of
				Washington. The Commission deems the public contracting law of the State of
				Washington as a total package to be equivalent in its degree of restrictiveness
				to the public contracting law of the State of Oregon.
Stat. Auth.: ORS196.150
Stats. Implemented: ORS196.150, RCW43.97.016 &
				  16 USC
				  544
				  c(b)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0001 - Commission Required to Prepare Public Writings in Readable Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 shall when reasonable prepare its public writings in simple language with
			 short, precise, affirmative, active-voice sentences.
(2) As used in this section, "public writing"
			 means any rule, form, license or notice prepared by the commission.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0002 - Definitions for 350-016-0002 to 350-016-0018

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission" means the Columbia River
			 Gorge Commission or any officer authorized by the commission to make rules or
			 to issue orders.
(2)
(a) "Contested case" means a proceeding
			 before the commission:
(A) In which the
			 individual legal rights, duties or privileges of specific parties are required
			 by statute or Constitution to be determined only after a hearing at which such
			 specific parties are entitled to appear and to be heard:
(B) Where the commission has discretion to
			 suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal
			 to renew or issue a license where the licensee or applicant for a license
			 demands such hearing.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0003 - Description of Organization; Service of Order; Effect of Not Putting Order in Writing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to other rulemaking requirements imposed by law, the commission shall
			 publish a description of its organization and the methods whereby the public
			 may obtain information or make submissions or requests.
(2) The commission shall appoint a rules
			 coordinator and file a copy of that appointment annually with the Oregon
			 Secretary of State and Washington Code Reviser. The rules coordinator shall:
(a) Maintain copies of all rules adopted by
			 the agency and be able to provide information to the public about the status of
			 those rules;
(b) Provide
			 information to the public on all rulemaking proceedings of the agency;
			 and
(c) Keep and make available the
			 mailing list required by 350-016-0004(7).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0004 - Notice Requirements for Rule Adoption; Temporary Rule Adoption, or Amendment; Substantial Compliance Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission shall prepare a semiannual
			 agenda for rules under development. The commission shall file the agenda with
			 the Oregon Secretary of State and Washington Code Reviser for publication in
			 the states' registers not later than January 31st and July 31st of each year.
			 Not later than three days after its publication in the states' registers, the
			 commission shall send a copy of the agenda to each person who has requested
			 receipt of a copy of the agenda.
(2) When applicable under Washington law, the
			 commission shall prepare a statement of inquiry on the form provided by the
			 Washington Code Reviser, that shall be: filed with the Washington Code Reviser
			 for publication in the state's register at least thirty days before the date
			 the agency files notice of proposed rule making, sent to any party that has
			 requested receipt of the agency's statements of inquiry, and published on the
			 Commission's website or other similar means of electronic
			 communication.
(3) Prior to the
			 adoption, amendment or repeal of any rule, the commission shall give notice of
			 its intended action:
(a) In the manner
			 established by rule adopted by the commission, which provides a reasonable
			 opportunity for interested persons to be notified of the agency's proposed
			 action;
(b) In the Oregon bulletin
			 and Washington register at least 21 days prior to the commencement of any
			 commission action;
(c) At least 28
			 days before the effective date, to persons who have requested notice pursuant
			 to subsection (9) of this section; and
(d) On its website or other similar means of
			 electronic communication.
(e)
			 Notice of an intended action under subsection (1)(a), (c) and (d) of this
			 section may be given by regular mail or by electronic mail.