Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0020 - Commodity Commission Fees for Commodity Commission Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 576.320, ORS
			 577.345, and ORS
			 578.135, the Department of
			 Agriculture may collect annual fees from the commodity commissions to reimburse
			 the Department for the supervisory and administrative functions that the
			 Department performs according to ORS Chapters 576, 577, and 578. The Department
			 shall consult with the Commodity Commission Oversight Program Advisory
			 Committee related to the annual fees.
(2) The total fee assessed to the commissions
			 shall not exceed $350,000 per fiscal year, beginning with the fee invoiced in
			 fiscal year 2018-2019. The fee shall be used to reimburse the Department for
			 expenses incurred in the previous fiscal year.
(3) The fees for each commission shall be
			 determined using the assessment income as shown on the annual financial reports
			 submitted to the Department.
(4)
			 The total fee for each commodity commission shall be calculated as follows:
(a) First, calculate the base fee for each
			 commission. The base fee for each commission equals 2.3% of the actual
			 assessment income that the commission received in the fiscal year two years
			 prior to the calculation, except that for those commissions with assessment
			 income of $30,000 or less the base fee shall be a flat fee of $750, and except
			 that for those commissions with assessment income exceeding $1,521,738 the base
			 fee shall be a flat fee not to exceed $45,000.
(b) Second, calculate the first shortfall by
			 totaling all the base fees and subtracting the result from the Commodity
			 Commission Oversight Program's (the program) annual operating costs, which are
			 not to exceed $350,000.
(c) Third,
			 calculate the assessment factor for each commission. The assessment factor
			 shall be determined by dividing each commission's fiscal year assessment
			 collection by the total assessment income collected from all commodity
			 commissions. The Department shall use the assessment collection shown on each
			 commission's yearend financial statements from the fiscal year two years before
			 the calculation. (For example, when calculating the fee invoiced in fiscal year
			 2018-19, the Department shall use the assessment shown on the 2017-18 year-end
			 financial statement.)
(d) Fourth,
			 calculate the shortfall portion for each commission. For commissions paying a
			 base fee based on a percentage of its actual assessment income, the shortfall
			 portion equals the first shortfall multiplied by the assessment factor for that
			 commission. For commissions paying a base fee based on a flat fee, the
			 shortfall portion is not calculated.
(e) Fifth, calculate the combined fee for
			 each commission. The combined fee for each commission equals the base fee for
			 that commission plus the shortfall portion for that commission.
(f) Sixth, add all the combined fees for all
			 commissions. If the total does not equal the actual cost of the program, which
			 is not to exceed $350,000, a second shortfall exists.
(g) Seventh, if subsequent shortfalls exist,
			 the Department shall assess those shortfalls to each commission that is paying
			 a fee based on a percentage of its actual assessment income.