reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Alfalfa Seed Commission no later than the 10th day of the calendar month
				following the month for which the member seeks compensation. For example, a
				claim for compensation for May 1 and May 10 must be submitted by June 10. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member must submit a written, itemized
			 claim for reimbursement of actual and necessary travel or other expenses to the
			 Oregon Alfalfa Seed Commission no later than the 10th day of the calendar month
			 following the month in which the member incurred the expense. For example, a
			 claim for compensation for May 1 and May 10 must be submitted by June 10. The
			 claim for reimbursement must include the following information for each
			 expense:
(a) Date on which the member
			 incurred the expense;
(b) Nature of
			 the expense; and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 1 - PROCEDURAL RULES › Section 628-001-0000 - Administrative Rule Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the Oregon Forest Resources Institute (OFRI) Board of Directors shall give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.
(2) By mailing a copy of the notice to persons on the OFRI mailing list established pursuant to ORS 183.335(7), at least twenty-eight (28) days prior to the effective date.
(3) By mailing a copy of the notice to the following persons, organizations, and publications at least twenty-eight (28) days prior to the effective date:
(a) State Agencies:
(A) Agriculture, Oregon Department of;
(B) Forestry, Oregon Department of;
(C) Governor's Office, Assistant for Natural Resources;
(D) Revenue, Oregon Department of.
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 1 - PROCEDURAL RULES › Section 628-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2006, are hereby adopted as rules of procedure of the Oregon Forest Resources Institute.
Stat. Auth.: ORS 526.645
Stats. Implemented: ORS 183.341
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 10 - ADMINISTRATION › Section 628-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires:
(1) "OFRI" means the Oregon Forest Resources Institute.
(2) "Board" means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and ex officio members.
(3) "Chairperson", "Chairman" or "Chair" means the Chairperson of the OFRI Board of Directors.
(4) "Committee" means a committee of the OFRI Board of Directors.
(5) "Executive Director" means the Executive Director of the Oregon Forest Resources Institute.
Stat. Auth.: ORS 526.645
Stats. Implemented: ORS 321.017
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 10 - ADMINISTRATION › Section 628-010-0010 - Harvest Tax Rate for OFRI

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OFRI
			 Board of Directors shall establish prior to November of each year the rate of
			 privilege tax levied through the harvest tax, pursuant to ORS
			 321.017.
(2) The privilege tax rate
			 established annually by the OFRI Board of Directors shall not exceed or be
			 contradictory to the limits set forth in the authorities established by ORS
			 321.017.
(3) In order to carry out
			 the duties, functions, and powers of the Oregon Forest Resources Institute, the
			 Oregon Forest Resources Institute Board of Directors will set the annual
			 privilege tax rate levied through the harvest tax according to the following
			 criteria:
(a) Resources needed to implement
			 the Oregon Forest Resources Institute's budgetary programs;
(b) Estimated harvest projections as
			 determined by the Oregon Department of Forestry and the state
			 economist.
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 10 - ADMINISTRATION › Section 628-010-0210 - IRS Retirement "Pick Up"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OFRI shall designate any employee contribution to PERS from the employees' salaries as the employer's contribution, thus "picking up" its employees' PERS contributions for purposes of
Internal Revenue Code  26 USC §
										414 (h)(2)
.
(2) The contribution shall be deducted directly from the employee's wages so that the employee does not have the option of receiving his or her contributions as salary and of making the contribution himself or herself.
(3) OFRI employees' reported salary on the W-2 form for tax purposes shall be reduced by the amount of PERS contribution.
Stat. Auth.: ORS 526.645
Stats. Implemented: ORS 526.645
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 10 - ADMINISTRATION › Section 628-010-0220 - Public Records Requests and Fees for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy of
			 a public record must:
(a) Be made in writing
			 and must identify as specifically as possible the type of record(s), subject
			 matter, approximate date(s), names of persons involved, business or
			 organization involved;
(b) The
			 name, address, phone number and email address of the person requesting the
			 public records; and
(c) Requests
			 must be sent to the "Administrator/Public Records Information Officer" at the
			 office of Oregon Forest Resources Institute, 9755 SW Barnes Road, Suite 210,
			 Portland, OR 97225 or by email to
			 publicrecordsadministrator@ofri.org.
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 10 - ADMINISTRATION › Section 628-010-0230 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 36.224, the Oregon Forest Resources Institute
				hereby adopts OAR 137-005-0052  as promulgated by the Attorney General on Oct.
				27, 2015.
Statutory/Other Authority: ORS 36.224(4)
Statutes/Other Implemented: ORS
				  526.645(6)
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 20 - CRITERIA FOR PRODUCER CLASS QUALIFICATIONS; PRODUCER CLASSIFICATIONS › Section 628-020-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires:
(1) "Board" means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and ex officio members.
(2) "OFRI" means the Oregon Forest Resources Institute.
(3) "OFRI Voter Registration List" means the list compiled by the State Forester under OAR 629-065-0100 and 629-065-0200  which includes all persons qualified to vote in OFRI elections.
(4) "Producer" means any person, partnership, association, corporation, cooperative or other business entity, including all affiliates and subsidiaries, actively and directly involved in the growing, harvesting or production of timber or timber products, who has paid the forest products harvest tax under ORS 321.005 to 321.185 in at least one of the five years preceding an election for the OFRI Board of Directors.
(5) "Producer" does not include landowners who meet the requirements of ORS 526.610(2)(b).
Stat. Auth.: ORS 526.645(6)
Stats. Implemented: ORS 526.600, ORS 526.610, ORS 526.615 & ORS 526.620
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 20 - CRITERIA FOR PRODUCER CLASS QUALIFICATIONS; PRODUCER CLASSIFICATIONS › Section 628-020-0010 - Process for Determining Producer Class Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
The board shall determine producer class qualifications by rule. A three-fourths majority vote of the board shall be required in establishing qualifications.
(1) The board shall consider the following factors in determining producer class qualifications under ORS 526.610:
(2) Whether there are sufficient numbers of producers in each classification to assure a broad representation of interests;
(3) Whether the classifications fairly reflect the proportional amount of harvest tax revenues contributed by various producers.
(4) Producer class qualifications shall ensure that the largest number of producers constitute the small producer class, and that the smallest number of producers constitute the large producer class.
(5) The board shall review the OFRI Voter Registration List on an annual basis to identify any necessary changes to meet the criteria described above.
Stat. Auth.: ORS 526.645(6)
Stats. Implemented: ORS 526.600, ORS 526.610, ORS 526.615 & ORS 526.620
Oregon Administrative Rules › Chapter 628 - OREGON FOREST RESOURCES INSTITUTE › Division 20 - CRITERIA FOR PRODUCER CLASS QUALIFICATIONS; PRODUCER CLASSIFICATIONS › Section 628-020-0020 - Producer Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
Producer classifications shall consist of the following:
(1) Producers of under 20 million board feet per year;
(2) Producers of at least 20 million board feet per year, but under 100 million board feet per year;
(3) Producers of at least 100 million board feet per year.
Stat. Auth.: ORS 526.645(6)
Stats. Implemented: ORS 526.600, ORS 526.610, ORS 526.615 & ORS 526.620
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0000 - Administrative Rule Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				State Forester shall give notice of the proposed adoption, amendment, or
				repeal:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least 15 days prior
			 to the effective date.
(2) By
			 mailing a copy of the notice to persons on the Forester's mailing list
			 established pursuant to ORS
			 183.335(8)(c),
			 at least 30 days prior to the effective date.
(3) By mailing a copy of the notice to the
			 following persons, organizations, and publications at least 30 days prior to
			 the effective date:
(a) State Agencies:
(A) Agriculture, Oregon Department
			 of;
(B) Environmental Quality,
			 Oregon Department of;
(C) Fire
			 Marshal Division, Oregon Department of Commerce;
(D) Fish and Wildlife, Oregon Department
			 of;
(E) Geology and Mineral
			 Industries, Oregon Department of;
(F) Governor's Office, Assistant for Natural
			 Resources;
(G) Health Division,
			 Oregon Department of Human Resources;
(H) Land Conservation and Development, Oregon
			 Department of;
(I) Lands, Division
			 of State;
(J) Parks and Recreation
			 Department;
(K) Revenue, Oregon
			 Department of;
(L) Water Resources,
			 Oregon Department of.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words, when used in this division shall mean the
				following unless otherwise required by context:
(1) "Board" means the State Board of
			 Forestry.
(2) "State Forester"
			 means the State Forester or the duly authorized representative of the State
			 Forester.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
				  183.310 -- ORS
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure under the Administrative
				Procedures Act, promulgated by the Attorney General effective January 1, 2008
				are hereby adopted as the rules of procedures of the Board of Forestry and the
				State Forester.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Board of
				  Forestry.
Stat. Auth.: ORS 526.016(4) & 526.041
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0010 - Agency Representation by Officer or Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of Forestry officer or
			 employee is authorized to appear (but not make legal argument) on behalf of the
			 department in a hearing or in a class of contested hearings in which the
			 Attorney General or the Deputy Attorney General has given written consent for
			 such representation. A copy of the list of contested case hearings for which
			 the Attorney General has given consent is maintained by the Department of
			 Forestry and the Department of Justice.
(2) "Legal argument" as used in ORS
			 183.450(8) and
			 this rule shall include arguments on:
(a) The
			 jurisdiction of the agency to hear the contested case;
(b) The constitutionality of a statute or
			 rule or the application of a constitutional requirement to an agency;
(c) The application of court precedent to the
			 facts of the particular contested case proceeding.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0015 - Rules of Procedure for Contested Cases; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of procedure in this Division, OAR 629-001-0010  to
				629-001-0055, apply to all contested cases before the board and State Forester,
				unless otherwise provided by law, and are in addition to the procedural
				requirements of the Attorney General's Model Rules adopted in 629-001-0005.
				Contested cases covered by these rules include, but are not limited to the
				following:
(1) Appeal of civil
			 penalties assessed under ORS 527.687;
(2) Appeal of "any finding or order" under
			 ORS 527.610 through 527.770 and 527.992;
(3) Hearings requested by persons adversely
			 affected or aggrieved by an operation requiring a written plan under ORS
			 527.700(3) through (9);
(4) Appeal
			 of temporary orders to cease further activity under ORS 527.680(3) and
			 527.680(4);
(5) Appeal of repair
			 orders issued under ORS 527.680(2)(b) and 527.690(1);
(6) Appeal of orders prohibiting new
			 operations under ORS 527.680(5);
(7) Appeal by any person adversely affected
			 by operations to be conducted under an approved or amended stewardship
			 agreement under ORS 527.662;
(8)
			 Review of State Forester's proposal to conduct repair work at state expense
			 under ORS 527.690(2); and
(9)
			 Appeals of decisions on land exchanges under OAR 629-033-0055.
Stat. Auth.: ORS 526.016(4), 527.687(3) & 527.715
Stats. Implemented: ORS
				  183.310 -
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0020 - Requesting Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All requests
			 for hearing shall be made in writing, within the time period provided by
			 statute or rule.
(2) All requests
			 shall specifically state the issues to be addressed and the relief
			 sought.
(3) Requests for hearing
			 involving civil penalties shall comply with OAR 629-670-0310.
(4) Requests for hearing involving a finding
			 or order of the State Forester issued under ORS 527.610 to 527.770 shall comply
			 with OAR 629-672-0200.
(5) Requests
			 for hearing by persons adversely affected or aggrieved by an operation approved
			 under ORS 527.670(3) shall comply with OAR 629-672-0210.
(6) Requests for hearing by persons adversely
			 affected or aggrieved by a proposed or amended stewardship agreement shall
			 comply with ORS 527.662(12).
(7)
			 Requests for hearing involving land exchanges shall comply with OAR
			 629-033-0055.
Stat. Auth.: ORS 526.016(4), 527.687(3) & 527.715
Stats. Implemented: ORS
				  183.310 -
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0025 - Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by law or order of the board or State Forester in a specific
			 case, contested case hearings will be conducted by an administrative law judge,
			 who shall prepare a proposed order for consideration by the board or State
			 Forester.
(2) Unaccepted proposals
			 of settlement shall be privileged and shall not be admissible as evidence in
			 the proceeding.
(3) In civil
			 penalty proceedings, conferences and hearings shall held at locations which are
			 within the forest practices region of the person being assessed the penalty,
			 unless otherwise agreed to by the State Forester and parties.
(4) The issues for hearing shall be limited
			 to those raised by the parties or by the State Forester in a request for
			 hearing or other pre-hearing filings.
(5) Timing of hearings and orders are stated
			 as follows, unless all parties agree to an extension of the time limits:
(a) For appeals from orders of the State
			 Forester under ORS 527.700(1), hearings shall be commenced within 14 days after
			 receipt of the request for hearing, and a final order shall be issued within 28
			 days of the request for hearing.
(b) For appeals by persons adversely affected
			 or aggrieved by an operation under ORS 527.700(3), hearings shall be commenced
			 within 21 calendar days after receipt of the request for hearing. The board's
			 comments shall be issued within 45 days after the request for hearing was
			 filed.
(c) For appeals by persons
			 adversely affected or aggrieved by a proposed or amended stewardship agreement,
			 hearings shall be commenced within 45 calendar days after receipt of the
			 request for hearing. A final order shall be issued within 45 calendar days of
			 the concluded hearing.
(d) Hearings
			 on notices of civil penalty under ORS 527.687 shall not be held less than 45
			 days from the date of service of the notice of penalty. The hearing shall be
			 held not more than 180 days following issuance of the notice.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0030 - Transmittal of Questions to the Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Questions transmitted to the agency, as
			 provided for in OAR 137-003-0635  in the Attorney General's Model and Uniform
			 Rules, shall be transmitted to the State Forester.
(2) Response may be made by the State
			 Forester or the State Forester's delegate.
Stat. Auth.: ORS 526.016(4), ORS 527.687(3) & ORS
				  527.715
Stats. Implemented: ORS
				  183.310 -- ORS
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0035 - Immediate Review by Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Matters referred to the agency for immediate review, as provided for in OAR
			 137-003-0640  in the Attorney General's Model and Uniform Rules, shall be
			 transmitted to the State Forester.
(2) Rulings on requests for immediate review
			 may be made by the State Forester or the State Forester's delegate.
Stat. Auth.: ORS 526.016(4), ORS 527.687(3) & ORS
				  527.715
Stats. Implemented: ORS
				  183.310 -- ORS
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0040 - Exceptions to Proposed Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In all cases in which the administrative law judge is to issue a proposed
			 order, exceptions by a party or the agency must be filed in the manner and time
			 specified by the administrative law judge, making allowance for any statutory
			 timeline applicable to the proceeding. If no time is specified, exceptions must
			 be filed with the administrative law judge within seven days after the proposed
			 order is issued.
(2)
(a) The exceptions shall be confined to
			 factual and legal issues which are essential to the ultimate and just
			 determination of the proceeding, and shall be based only on grounds that:
(A) A necessary finding of fact is omitted,
			 erroneous, or unsupported by the preponderance of the evidence on the
			 record;
(B) A necessary legal
			 conclusion is omitted or is contrary to law or the board's policy; or
(C) Prejudicial procedural error
			 occurred.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0045 - Final Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following hearing, the administrative law
			 judge will prepare the record and proposed order for filing with the board as
			 expeditiously as possible. In the case of hearings related to orders of the
			 State Forester pursuant to ORS 527.700, the record and proposed order shall be
			 filed with the board within five working days of the close of hearing unless an
			 extension has been agreed to by the parties and State Forester. Except as
			 provided in section (2) of this rule, no less than a majority of the board
			 shall then review and consider the proposed order and record, hold a meeting or
			 telephone conference, and take final action as provided for in this
			 rule.
(2) If upon a determination
			 by the board chairperson, the board cannot complete a final order within
			 applicable statutory time limits, the chairperson may delegate authority to
			 issue a final order to the administrative law judge.
(3) After reviewing and considering the
			 proposed order and record, the board may do any of the following:
(a) Schedule written or oral argument from
			 the State Forester and any party that filed exceptions to the proposed order.
			 The board chairperson shall determine whether oral argument, written argument,
			 or both will be permitted after consulting with the board members.
(A) Oral argument shall be allowed only if
			 the board determines it is necessary or appropriate to assist in the proper
			 disposition of the case, and shall be:
(i)
			 Limited to matters raised in written exceptions; and
(ii) Conducted under such time limits as the
			 board chairperson determines are appropriate.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0050 - Reconsideration and Rehearing

Current through Register Vol. 63, No. 7, July 1, 2024
As a condition of judicial review, a party must file a petition
				for reconsideration or rehearing with the person or body which rendered the
				final order in the proceeding. The petition must state with specificity the
				grounds for objection to the order, and the remedy sought.
Stat. Auth.: ORS 526.016(4), ORS 527.687(3) & ORS
				  527.715
Stats. Implemented: ORS
				  183.310 -- ORS
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0055 - Delegation of Authority to State Forester

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any duties and responsibilities conferred upon
				the State Forester by law or delegation of authority from the Board of
				Forestry, the State Forester may, with regard to the administration of
				contested cases:
(1) Execute any
			 written order, on behalf of the board, which has been consented to in writing
			 by the person or persons adversely affected by the order;
(2) Prepare and execute written orders, on
			 behalf of the board, implementing any action taken by the board on any
			 matter;
(3) Prepare and execute
			 orders, on behalf of the board, upon default where:
(a) The adversely affected party or parties
			 have been properly notified of the time and manner in which to request a
			 hearing and have failed to file a proper, timely request for a hearing;
			 or
(b) Having requested a hearing,
			 the adversely affected person or persons have failed to appear at the
			 hearing.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 1 - PROCEDURAL RULES › Section 629-001-0057 - Delegation of Authority to State Forester - Responding to Claims under ORS 197.352

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 delegates to the State Forester certain duties and responsibilities to carry
			 out the authorities of the Board of Forestry and the Department in responding
			 to claims under ORS 197.352 (Formerly Chapter 1,
			 Oregon Laws 2005, 2004 Ballot Measure 37). This rule further provides for
			 review and modification by the Board of Forestry of certain actions taken by
			 the State Forester pursuant to this delegation of authority.
(2) The State Forester is vested by the Board
			 of Forestry with authority to respond to claims under ORS
			 197.352 by:
(a) Reviewing claims;
(b) Denying claims;
(c) Recommending approval of claims by
			 modifying, removing, or not applying the statute(s) or rule(s) that are the
			 basis of the claim; or
(d)
			 Recommending payment of claims. These actions shall be done in compliance with
			 Department of Administrative Services administrative rules relating to ORS
			 197.352.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and phrases, when used in this division
				shall mean the following unless the context otherwise requires:
(1) "Board" means the Board of Forestry of
			 the State of Oregon.
(2)
			 "Chairperson or Chairman" means the Chairperson of the Board.
(3) "Committee" means a committee of the
			 Board.
(4) "Secretary" means the
			 State Forester.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0010 - Rules of Order

Current through Register Vol. 63, No. 7, July 1, 2024
Roberts Rules of Order are adopted for the conduct of meetings
				of the Board and committees of the Board; however, Oregon statutes, specific
				rules of order adopted by the Board, or actions of the Board will take
				precedence over Roberts Rules of Order. Rules of order adopted by a committee
				shall not be effective until approved by the Board.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0020 - Chairperson

Current through Register Vol. 63, No. 7, July 1, 2024
Under the provisions of ORS 526.009(1), the Chairperson has the
				following powers and duties:
(1) The
			 duties of a presiding officer as prescribed by Roberts Rules of
			 Order.
(2) The duty to appoint
			 standing and ad hoc committees.
(3)
			 Pursuant to ORS 526.016(3), in cooperation with the State Forester, the duty to
			 determine where Board meetings are to be held.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0030 - Agendas

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary shall send an agenda together with the minutes of
				previously held committee meetings and the minutes of the last Board meeting to
				all members of the Board prior to each Board meeting.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0040 - Order of Business

Current through Register Vol. 63, No. 7, July 1, 2024
The order of business of Board meetings shall be determined by
				the Chairperson in cooperation with the State Forester. At the request of any
				two Board members, the Chairperson shall include a specific item on the
				agenda.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0050 - Quorum

Current through Register Vol. 63, No. 7, July 1, 2024
A majority of the members of the Board or a committee
				constitutes a quorum to do business.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0060 - Meetings and Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary shall follow the procedures established by the
				Attorney General for giving notices of Board and committee meetings. Unless a
				meeting is called exclusively for the purpose of holding an executive session
				pursuant to ORS 192.660, copies of the meeting
				notices shall be sent to organizations and individuals that the Board may
				designate. In addition, a copy of the notice shall be sent to any organization
				or individual that has indicated to the Chairperson or to the Secretary an
				interest in the subject matter to be considered at a meeting.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0080 - Committees

Current through Register Vol. 63, No. 7, July 1, 2024
The Chairperson may appoint standing committees or ad hoc
				committees to consider matters of Board responsibility which are not feasible
				to be handled by the Board as a whole.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0090 - Attendance

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				182.020, the Secretary shall
				submit a copy of the minutes of each Board meeting to the Governor or the
				Governor's Assistant including members present and absent with an attachment
				indicating the members' reason for absence.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  192.610 - ORS
				  192.710 & ORS
				  526.016(4)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0100 - Compensation of Board Members

Current through Register Vol. 63, No. 7, July 1, 2024
If a Board member should elect to decline payment for
				compensation as set forth by ORS
				292.495, the Board member shall
				submit a signed statement to that effect on forms available from the
				Administrative Secretary of the Forestry Department. After declining payment, a
				member may at any subsequent date choose to accept payment by submitting a
				written statement indicating this change.
Stat. Auth.: ORS
				  183.310(1), ORS
				  192.610 - ORS
				  192.710, ORS 526.016(4) &
				  ORS 526.041(1)
Stats. Implemented: ORS
				  292.495
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0200 - Charges for Copying and Purchasing Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				192.430 and
				192.440, the Department of
				Forestry establishes the following fees and section:
(1) Copy Charges:
(a) Fees will not be charged for copies of
			 public records, which the State Forester has determined to be appropriate for
			 dissemination without charge, under Department statutes and policies. Fees for
			 other copies will be charged as provided in this rule;
(b) A fee of 25¢ an image will be charged for
			 copies made on standard office copy machines. This fee may be waived if fees
			 total less than $2;
(c) The charge
			 for certifying copies of public records shall be $5 for the first ten pages and
			 25¢ for each additional page. This is in addition to other fees
			 charged;
(d) Office service labor
			 will be charged for any service requiring excessive time beyond what is
usually offered by the Department as free public service for
				research, compilation, and supervision of public records use. This shall be at
				the hourly rate of the employee or employees selected to do the job, plus the
				current percentage for other personnel expenses. Employees will be selected
				based on the needed skills and availability. An average hourly rate may be used
				if more than one employee is required.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0210 - Purpose of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Forestry has developed OAR
				629-010-0210 through
				629-010-0230  to
				describe the Department's policy regarding parking at facilities owned or
				controlled by the Department in compliance with ORS 276 .595.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 276.595
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 10 - ADMINISTRATION › Section 629-010-0230 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedures shall apply:
(1) The Department under the authority
			 granted by ORS 276.595, shall maintain a policy of not charging parking fees
			 for vehicles or other equipment at all facilities owned or controlled by the
			 Department.
(2) This policy will
			 apply to all Department employees, Department visitors, members of boards,
			 commissions, or committees, or any governmental entities.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 276.595
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the procedures used
				by the Department of Forestry in implementing the provisions of its State
				Agency Coordination Program, as required by ORS
				197.180 and OAR chapter 660,
				divisions 030 and 031. The State Agency Coordination program will assure that
				the Department's land use programs comply with statewide land use planning
				goals and are compatible with acknowledged city and county comprehensive plans
				and land use regulations. It is not the intent of these rules to prevent either
				the Board of Forestry or the Department of Forestry from carrying out their
				statutory responsibilities.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division is applicable to the following Department "land
				use" programs:
(1) Administrative
			 Services; and
(2) State Forest
			 Management; and
(3) Any other
			 Department program subsequently determined to affect land use pursuant to ORS
			 197.180 and OAR
			 660-030-0075.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0020 - Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to undertaking any action or program listed in OAR
				629-020-0010, the Department shall find that the program or action complies
				with the statewide planning goals and is compatible with acknowledged
				comprehensive plans and land use regulations. The Department shall make its
				goal compliance and plan compatibility findings in accordance with OAR
				629-020-0000  through 629-020-0080.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0030 - Compliance with the Statewide Planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall attempt to achieve
			 goal compliance whenever possible by taking actions that are compatible with
			 the acknowledged comprehensive plans of the applicable local governing
			 body.
(2) Except where it is
			 necessary for the Department to adopt findings for compliance with the
			 statewide planning goals, the Department shall achieve goal compliance by
			 acting compatibly with acknowledged comprehensive plans and land use
			 regulations.
(3) An action within a
			 land use program of the Department is considered by the Department to be in
			 compliance with the statewide planning goals when such action is compatible
			 with the acknowledged comprehensive plan and land use regulations of the
			 applicable local governing body.
(4) In the event that the Department is
			 required to adopt compliance findings against any of the statewide goals, the
			 Department shall adhere to the following procedures:
(a) Confirm that a situation exists pursuant
			 to OAR 660-030-0065(3)  which requires the Department to adopt findings of
			 compliance with one or more of the statewide planning goals;
(b) Identify the specific statewide planning
			 goal(s) or goal requirements the Department must address;
(c) Consult directly with the affected
			 jurisdiction(s);
(d) Request
			 interpretive guidance from DLCD and the Attorney General's office;
(e) Rely on any relevant goal interpretations
			 for state agencies adopted by LCDC under OAR Chapter 660;
(f) Adopt any necessary findings to assure
			 compliance with the statewide planning goals.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0040 - Compliance with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 approve or undertake a capital construction project, capital improvement
			 project, property development project or land acquisition project under the
			 Administrative Services Program, the Department shall find that the project
			 complies with and is compatible with acknowledged city and county comprehensive
			 plans and land use regulations. To make its compatibility findings, the
			 Department shall comply with the following procedures:
(a) The Department shall make application for
			 local government approval of a Department project where necessary. A Department
			 decision to proceed with a project or action shall not be made until either of
			 the following two procedures are completed:
(A) A copy of the local land use permit or
			 equivalent documentation is acquired from the applicable local governing body
			 or its designee that the proposed project or action has received land use
			 approval is attached to the preliminary plan; or
(B) A letter or some other form of
			 verification is acquired from the applicable local governing body or its
			 designee stating that the proposed project or action is permitted under the
			 jurisdiction's comprehensive plan but does not require specific land use
			 approval.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0050 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
It is the intent of the Department to achieve compatibility
				between Department land use programs and acknowledged comprehensive plans and
				land use regulations whenever possible. However, a situation may occur where
				the Department believes its statutory mandates, including but not limited to
				ORS Chapter 530 (Acquisition and Management of State Forests), may prevent the
				Department from meeting its land use compatibility responsibility under ORS
				197.180. The Department shall
				attempt to resolve all disputes regarding land use issues, including
				conflicting statutory obligations, by direct contact with the affected cities
				and counties. However, if no agreement can be reached, the following procedures
				will be followed to resolve land use disputes concerning approval of a
				Department program or action:
(1) Hold
			 direct discussions with the affected local government(s), DLCD, and any other
			 appropriate or affected persons or agencies in accordance with applicable
			 informal dispute resolution procedures.
(2) If the Department's statutory obligation
			 remains in conflict after exhausting the appropriate procedures under section
			 (1) of this rule, and the Department determines that it must act, the Board of
			 Forestry (or its designated representative) shall adopt findings in writing
			 explaining why it cannot act compatibly with applicable city or county
			 comprehensive plans and land use regulations and then, adopt goal findings to
			 assure compliance with the statewide goals in accord with OAR
			 660-030-0065(3).
(3) The Department
			 shall provide a copy of the findings referenced in section (2) of this rule to
			 applicable city or county governments and upon request, to other interested
			 persons explaining the rationale for its decision.
(4) If the dispute is not resolved through
			 sections (1) - (3) of this rule, the Department may request informal mediation
			 or a compatibility determination from the LCDC in accordance with OAR
			 660-030-0070.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197, ORS
				  197.180 & ORS 530.010 - ORS
				  530.520
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0060 - Compliance and Compatibility of New or Amended Land Use Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will use the following procedures to assure that
				new or amended agency rules and programs affecting land use will comply with
				the statewide goals and be compatible with acknowledged comprehensive plans and
				land use regulations:
(1) The
			 Department shall submit notice of any amendment to any Department program
			 affecting land use or any new Department rule or program, except for amendments
			 or new rules and programs related to the Oregon Forest Practices Act (which is
			 expressly exempt from these requirements), to the Department of Land
			 Conservation and Development as required by OAR 660-030-0075.
(2) Such notice shall be provided to DLCD in
			 writing not less than 45 days before adoption of any amendment to a program
			 affecting land use or adoption of any new rule or program.
(3) The notice provided to DLCD shall
			 demonstrate that the proposed new adoption or amendment:
(a) Does not affect land use and therefore is
			 not a land use program; or
(b)
			 Affects land use and that goal compliance and comprehensive plan compatibility
			 can be assured through the existing SAC Program procedures; or
(c) Affects land use and procedures in the
			 certified SAC Program are not adequate to ensure compatibility and compliance.
			 In this case, the notice shall include an explanation of how compliance and
			 compatibility will be achieved in accordance with the applicable provisions of
			 OAR 660-030-0075.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0070 - Coordination with Affected State and Federal Agencies and Special Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall coordinate with state and federal agencies
				and special districts on Department projects or actions affecting land use when
				necessary. Additionally, the Department may coordinate with state agencies,
				federal agencies, and others on land use issues of concern to the Department.
				Generally, this type of coordination is to provide to state agencies, federal
				agencies and others, the Department's perspective on the compatibility of
				programs or actions that others have proposed with the policies and programs of
				the Board of Forestry. Department contacts for interagency coordination will be
				determined by the type of program or action, and may include the Department
				Land Use Coordinator, a representative from the affected Department program, or
				local (field) land use planning coordinator (as designated by the District
				Forester).
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 20 - STATE AGENCY COORDINATION PROGRAM › Section 629-020-0080 - Cooperation and Technical Assistance to Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to statutory and budgetary
			 limitations, the Department:
(a) May provide
			 technical assistance and information to local government;
(b) May participate in local land use
			 planning and regulations, including review of applications for forest
			 dwellings, periodic review, plan amendments and plan updates; and
(c) May promote the adoption of state land
			 use policies and local land use ordinances that consider the land use policies
			 and programs of the Board of Forestry.