reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Fine Fescue
			 Commission records and to prevent interference with the regular discharge of
			 the commission duties, the commission adopts the procedures set forth in this
			 division. Procedures for review of any denial of public records requests, or
			 fee waiver or reduction, shall be in accordance with the provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th
			 Street Cut Off SE, Salem, OR 97302.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 may request additional information or clarification from a requester of public
			 records for the purpose of expediting the commission's response to the
			 request.
(2) Within five business
			 days after receiving the request, the commission shall acknowledge receipt of
			 the request or complete the response to the request. An acknowledgment under
			 this subsection must:
(a) Confirm that the
			 commission is the custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission is not required to comply
			 with the time periods set forth in this division if the commission finds that
			 compliance would be impracticable because:
(a) The staff or volunteers necessary to
			 complete a response to the public records request are unavailable, on leave, or
			 are not scheduled to work; or
(b)
			 Compliance would demonstrably impede the commission's ability to perform other
			 necessary services; or
(c) Of the
			 volume of public records requests being simultaneously processed by the
			 commission.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 604-040-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form available from the Oregon Fine
			 Fescue Commission to the commission at the address provided in
			 604-040-0020.
(2) The commission
			 may furnish copies without charge or at a substantially reduced fee if the
			 commission determines that a fee waiver or reduction of fees is in the public
			 interest because making the record available primarily benefits the general
			 public.
(3) To determine whether to
			 waive or reduce fees, the commission shall utilize the Public Interest
			 Evaluation Form as provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 1 - PROCEDURAL RULES › Section 605-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending, or repealing any permanent rule, the
				Oregon Beef Council will give notice of the intended action:
(1) In the Secretary of State's Bulletin,
			 referred to in ORS 183.360, at least 21 days before
			 the effective date of the rule.
(2)
			 By mailing a copy of the notice to persons on the Oregon Beef Council's mailing
			 list, established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule.
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in
			 council's rulemaking and publications whose readers have an interest in
			 council's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 1 - PROCEDURAL RULES › Section 605-001-0015 - IRS Retirement "Pick Up"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Beef Council shall designate
			 any employee contribution to the Public Employees Retirement System from the
			 employee's salary as the employer's contribution, thus "picking up" its
			 employees PERS contributions for purposes of
Internal Revenue Code
			 16 USC
			 414(h)(2).
(2) The contribution shall be deducted
			 directly from each employee's wages or salary so that the employees do not have
			 the option of receiving their contributions as wages or salary and making the
			 contribution to PERS themselves.
(3) Oregon Beef Council employee's salaries,
			 as reported for tax purposes on their W-2 forms, shall be reduced by the amount
			 of the PERS contributions.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  652.610
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 10 - COLLECTION OF ASSESSMENT, ENFORCEMENT › Section 605-010-0010 - Collection of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Producers of cattle (live domestic bovine animals regardless of age) shall pay
			 $1.50 on each head sold in Oregon as set forth in ORS
			 577.512 and
			 577.532, which authorize
			 collection of assessments in the following manner:
(a) As ordered by the United States Secretary
			 of Agriculture pursuant to the Beef Promotion and Research Act of 1985,
			 7 U.S.C.
			 2901 to 2918; 7 CFR ¦1260, currently
			 in the amount of $1.00 per head; and
(b) As authorized by ORS
			 577.512 and
			 577.532.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 10 - COLLECTION OF ASSESSMENT, ENFORCEMENT › Section 605-010-0020 - Procedure for Collecting Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The assessment must be collected as part
			 of the Oregon Department of Agriculture's Brand Department inspection. Of the
			 $1.50 per head assessed, the Department shall forward 50 cents per head to the
			 Cattlemen's Beef Board and $1.00 per head less an administrative collection fee
			 to the Oregon Beef Council. The administrative fee will be proportioned 2/3
			 from the $1.00 authorized by the Beef Promotion and Research Act of 1985 and
			 1/3 from the collection of 50 cents pursuant to ORS
			 577.512 and
			 577.532.
(2) The operator of a stockyard,
			 slaughterhouse, packing plant or livestock auction market shall deduct any
			 assessment from the proceeds of sale owed to the operator by the owner of an
			 animal.
(3) The operator shall pay
			 the entire assessment to the Department.
(4) When the operator provides a written
			 statement of sale proceeds to the owner of an animal, the operator shall
			 include a statement of the amount deducted from the proceeds for federal
			 assessment, for state assessment, and for the Department's brand inspection
			 services.
Stat. Auth.: ORS
				  577.125(1)(e)
Stats. Implemented: ORS
				  577.532, House Bill 2656, ORS
				  577.512,
				  577.520,
				  577.290(2),
				  577.525,
				  576.355,
				  576.365,
				  576.392
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 10 - COLLECTION OF ASSESSMENT, ENFORCEMENT › Section 605-010-0030 - Exemptions from Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 577.512(4), no
			 assessment shall be collected on:
(a) Cattle
			 and calves leaving Oregon solely for the purpose of pasturing in another
			 state;
(b) Cattle presented at a
			 recognized livestock show or rodeo;
(c) Cattle presented at a livestock auction
			 market but not sold;
(d) Cattle
			 delivered outside this state, provided ownership of the cattle remains
			 unchanged;
(e) Cattle slaughtered
			 for personal consumption; and
(f)
			 Cattle resold within 10 days after purchase where the assessment has already
			 been collected.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 10 - COLLECTION OF ASSESSMENT, ENFORCEMENT › Section 605-010-0040 - Procedures for Collecting Delinquent Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event of delinquent assessments,
			 the Department shall submit the name(s) and contact information of those who
			 are delinquent and the amount(s) delinquent to the Council.
(2) The Council will notify the Cattlemen's
			 Beef Board as such delinquency pertains to the $1.00 ordered under the Beef
			 Promotion and Research Act of 1985.
(3) The Council may as such delinquency
			 pertains to the 50 cents authorized by ORS
			 577.512 and
			 577.532 send a demand letter.
			 The demand letter shall include:
(a) A
			 statement that the assessment payment is due and delinquent and that the debtor
			 is subject to a penalty for late payment, pursuant to ORS
			 576.355;
(b) The amount of assessments and penalties
			 owed; and
(c) A procedure for
			 requesting reconsideration. The Council may offer a payment plan and include a
			 payment plan request form with a demand letter. If offered, a payment plan must
			 be based on a documented need resulting in an inability to make full payment,
			 be interest bearing, and not exceed one year.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 10 - COLLECTION OF ASSESSMENT, ENFORCEMENT › Section 605-010-0050 - Cancellation of Uncollectible Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may cancel an uncollectible assessment consistent
				with ORS 293.240.
Stat. Auth.: ORS
				  577.125(1)(e)
Stats. Implemented: ORS
				  577.532, House Bill 2656, ORS
				  577.512,
				  577.520,
				  577.290(2),
				  577.525,
				  576.355,
				  576.365,
				  576.392
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0010 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the availability of funds in the budget of the commission, the
			 Oregon Beef Council may pay any member of the commission, other than a member
			 who is employed in full-time public service, compensation for each day or
			 portion thereof during which the member is actually engaged in the performance
			 of official commission duties.
(2)
			 The rate of compensation is limited to $30 per day, pursuant to ORS
			 292.495(1).
(3) In order to receive compensation, a
			 member must submit to the Oregon Beef Council a written claim for compensation
			 by the 15th day of the calendar month following the month for which the member
			 seeks compensation. The member must specify the amount of time the member spent
			 on official commission duties as well as the nature of the duties performed for
			 any day or portion thereof for which the member claims compensation.
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.416 &
				  577.260.
Stats. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0020 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to sections (2)-(6) of this rule,
			 a member of the Oregon Beef Council, including a member employed in full-time
			 public service, may receive actual and necessary travel and other expenses
			 actually incurred in the performance of the member's official duties.
(2) In order to receive reimbursement of
			 actual and necessary travel and other expenses, a member must submit to the
			 Oregon Beef Council a written itemized claim for reimbursement supported by
			 receipts, invoices or other appropriate documentation for travel and other
			 expenses by the 15th day of the calendar month following the month in which the
			 member incurred the expense. The claim for reimbursement must include the
			 following information for each expense:
(a)
			 Date on which the member incurred the expense; and
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0030 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 605-020-0010, "other
			 expenses" includes expenses incurred by a member of the Oregon Beef Council in
			 employing a substitute to perform duties, including personal duties, normally
			 performed by the member, which the member is unable to perform because of the
			 performance of official duties and which, by the nature of such duties, cannot
			 be delayed without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day, pursuant to ORS
			 292.495(3).
Stat. Auth.: ORS
				  292.495.
Stats. Implemented: ORS
				  292.495,
				  576.206(7).
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0100 - COMMISSIONER PER DIEM AND REIMBURSEMENTS Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Actual and necessary" means that a travel
			 or other expense:
(a) Is an actual expense
			 incurred by a member in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 605-0020-0130 and OAR 605-020-0140, the
			 Oregon Beef Council shall provide to a qualified member of the Oregon Beef
			 Council:
(a) Per diem compensation equal to
			 the per diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a qualified
			 member's official duties within the limits provided in Oregon Accounting Manual
			 Policy 40.10.00.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 605-020-01440, the Oregon Beef Council
			 shall provide to a non-qualified member of the Oregon Beef Council
			 reimbursement of actual and necessary travel or other expenses actually
			 incurred in the performance of a non-qualified member's official duties within
			 the limits provided in Oregon Accounting Manual Policy 40.10.00.
(2) A non-qualified member of the Oregon Beef
			 Council may decline to accept reimbursement of expenses related to the
			 non-qualified member's service on the Oregon Beef Council.
Statutory/Other Authority: ORS
				  577.260 &
				  577.290
Statutes/Other Implemented: ORS
				  577.260 &
				  292.495
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A qualified member must submit a written claim for compensation
				to the Oregon Beef Council no later than the 15th day of the calendar month
				following the month for which the qualified member seeks compensation. For
				example, a claim for compensation for May 1 and May 10 must be submitted by
				June 15. The qualified 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 qualified member claims
				compensation.
Statutory/Other Authority: ORS
				  577.290
Statutes/Other Implemented: ORS
				  292.495
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 20 - Adopting Rules Related to Rates for Commissioner Per Diem and Reimbursement › Section 605-020-0140 - 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 Beef Council no later than the
			 15th 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 15. 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 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 605-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Beef Council will consist of eight (8) commissioners
				appointed by the Director of the Oregon Department of Agriculture for a term of
				three years or, if for a term following a prior term for that person, ending
				three years from the date of expiration of any prior term. In the case of an
				appointment to fill a vacancy, the appointee will serve the unexpired part of
				the term of that commissioner.
Stat. Auth.: 2003 OL Ch. 604, ORS 577
Stats. Implemented: 2003 OL Ch. 604, ORS
				  577
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 605-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "beef
			 producer" is a person who raises, breeds, or grows cattle or calves for beef
			 production within the state.
(b) A
			 "dairy producer" is a person engaged in the production, on a dairy farm, of
			 fluid milk.
(c) A "handler" is a
			 person actively engaged in the processing, slaughtering, handling or marketing
			 of cattle.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 605-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may, after a public hearing and
			 after serving a copy of the charges against a member, remove any member of the
			 Oregon Beef Council for:
(a)
			 Inefficiency,
(b) Neglect of duty
			 or
(c) Misconduct in
			 office.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 605-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the last meeting of the Council of the fiscal
				year, the Council will elect from its members a Chair, a Vice Chair and a
				Secretary/Treasurer who will serve until their successors are elected and
				qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or
				may be removed from that position by vote of a majority of all commissioners.
				If the Chair, Vice Chair or Secretary/Treasurer ceases to be a commissioner,
				the office will be vacant and a successor will be elected at the next regular
				meeting of the Council. The Chair will preside over all meetings of the
				Council. The Vice Chair will act in lieu of the Chair when the Chair is unable
				to perform the duties of the office of Chair or while the office is
				vacant.
Stat. Auth.: 2003 OL Ch. 604, ORS 577
Stats. Implemented: 2003 OL Ch. 604, ORS
				  577
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Beef Council
			 records and to prevent interference with the regular discharge of the
			 commission duties, the commission adopts the procedures set forth in this
			 division. Procedures for review of any denial of public records requests, or
			 fee waiver or reduction, shall be in accordance with the provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14)
				  & ORS 183
Statutes/Other Implemented: ORS
				  192.324
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A request to inspect or receive a copy a public record must be made in writing
			 and must identify as specifically as possible the type of record(s), subject
			 matter, approximate date(s), names of person(s), business or organization
			 involved, and the number of copies requested; and the name, address, email, and
			 phone number of the person requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at 1827 NE 44th Ave #315, Portland, OR 97213.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14)
				  & ORS 183
Statutes/Other Implemented: ORS
				  192.324
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may request additional
			 information or clarification from a requester of public records for the purpose
			 of expediting the commission's response to the request.
(2) Within five business days after receiving
			 the request, the commission shall acknowledge receipt of the request or
			 complete the response to the request. An acknowledgment under this subsection
			 must:
(a) Confirm that the commission is the
			 custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 is not required to comply with the time periods set forth in this division if
			 the commission finds that compliance would be impracticable because:
(a) The staff or volunteers necessary to
			 complete a response to the public records request are unavailable, on leave, or
			 are not scheduled to work; or
(b)
			 Compliance would demonstrably impede the commission's ability to perform other
			 necessary services; or
(c) Of the
			 volume of public records requests being simultaneously processed by the
			 commission.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following fees are reasonably calculated to reimburse the commission for the
			 commission's actual cost of making public records available, including costs
			 for summarizing, compiling or tailoring the public records, either in
			 organization or media, to meet the request.
(a) Records search by clerical staff @ $25.00
			 per hour;
(b) Records search by
			 managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 605 - DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL › Division 40 - PROCEDURES FOR PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 605-040-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form, available from the commission
			 office, to the commission at the address provided in 605-040-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 1 - PROCEDURAL RULES › Section 607-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Tall Fescue Commission will give notice of the intended action.
(1) In the Secretary of State's Bulletin,
			 referred to in ORS 183.360, at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Tall Fescue
			 Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in
			 Commission's rulemaking and publications whose readers have an interest in the
			 Commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 607-010-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, partnership, or joint stock company.
(2) "Commission" means the Oregon Tall Fescue
			 Commission.
(3) "Casual Sale" means
			 any sale or sales of Tall Fescue Seed or Orchardgrass Seed made by the producer
			 direct to the consumer where the total accumulated sales during a calendar year
			 is not more than 100 pounds.
(4)
			 "First Purchaser" means any person who buys Tall Fescue Seed or Orchardgrass
			 Seed from the producer in the first instance, or handler who receives the Tall
			 Fescue Seed or Orchardgrass Seed in the first instance from the producer for
			 resale or processing.
(5)
			 "Producer" means a person or other legal entity producing Tall Fescue Seed or
			 Orchardgrass Seed in Oregon for market, whether as landowner, landlord, tenant,
			 sharecropper, or otherwise.
(6)
			 "Handler" means any producer, processor, or distributor, or other person
			 engaged in handling or marketing of or dealing in Tall Fescue Seed or
			 Orchardgrass Seed, whether as owner, agent, employee, broker, or
			 otherwise.
(7) Tall Fescue Seed
			 (Festuca arundinacea) includes all varieties presently being produced in the
			 state and any new varieties that may be released in the future with the
			 exception of Alta and Goar.
(8)
			 Orchardgrass Seed (Dactylis glomerata) includes seed of all common or named
			 varieties presently being produced in the state and any new varieties that may
			 be released in the future.
Statutory/Other Authority: ORS 576 & HB 3401
				  (2019)
Statutes/Other Implemented: ORS 576 & HB 3401
				  (2019)
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 607-010-0020 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any first
			 purchaser shall deduct and withhold an assessment of three and one-half tenths
			 of one percent (0.35%) of the purchase price per pound, clean seed basis, from
			 the price paid to the producer thereof, on and after July 1, 2010, for Tall
			 Fescue Seed grown in Oregon. As per OAR 607-010- 0015(7), the varieties Alta
			 and Goar are to be excluded from these assessment collections.
(2) Any first purchaser shall deduct and
			 withhold an assessment of $0.50 per 100 pounds, clean seed basis ($0.0050 per
			 pound), from the price paid to the producer thereof, on and after July 1, 2019,
			 for all varieties of Orchardgrass Seed grown in Oregon.
(3) All casual sales of Tall Fescue Seed and
			 Orchardgrass Seed shall be exempt from the assessment.
(4) The assessment shall be levied only
			 against any commodity or mixture which contains more than 50 percent Tall
			 Fescue Seed or Orchardgrass Seed.
Statutory/Other Authority: ORS 576 and HB 3401 (2019)
Statutes/Other Implemented: ORS
				  576.304,
				  ORS
				  576.325  and HB 3401 (2019)
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 607-010-0025 - Reports and Payment of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers must submit
			 completed and signed assessment reports on commission approved forms.
			 Assessment reports shall include all purchases by or deliveries to a first
			 purchaser or handler of Tall Fescue Seed or Orchardgrass Seed. Quarterly
			 assessment reports are due in the commission office by 4:00 pm on the 30th day
			 of the reporting month specified below. Quarterly assessments shall be reported
			 as follows:
(a) January, February, March
			 assessments reported by 4:00 pm on April 30th;
(b) April, May, June assessments reported by
			 4:00 pm on July 30th;
(c) July,
			 August, September assessments reported by 4:00 pm on October 30th;
(d) October, November, December assessments
			 reported by 4:00 pm on January 30th.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 607-010-0030 - First Effective Date of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The assessment to be withheld and paid by
			 a first purchaser, as required by ORS Chapter 576 and OAR
			 607-010-0020(1),
			 applies to and covers any sale made on and after September 9, 1969, by a
			 producer to such first purchaser of Tall Fescue Seed grown in Oregon,
			 regardless of the time it was or is grown.
(2) The assessment to be withheld and paid by
			 a first purchaser, as required by ORS Chapter 576 and OAR
			 607-010-0020(2)  applies to and covers any sale made on and
			 after July 1, 2019, by a producer to such first purchaser of Orchardgrass Seed
			 grown in Oregon, regardless of the time it was or is grown.
(3) "Sale" for the purpose of this rule means
			 the date that title to the Tall Fescue Seed or Orchardgrass Seed passes from
			 the seller to the purchaser.
Statutory/Other Authority: ORS 576 and HB 3401 (2019)
Statutes/Other Implemented: ORS 576 and HB 3401
				  (2019)
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 607-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Tall Fescue Commission will consist of nine (9)
				members appointed by the Director of the Oregon Department of Agriculture for a
				term of three (3) years or, if for a term following a prior term for that
				person, ending three (3) years from the date of expiration of any prior term.
				No commissioner will serve for more than 2 consecutive, full terms of
				office.
Statutory/Other Authority: ORS 576 and HB 3401 (2019)
Statutes/Other Implemented: ORS 576 and HB 3401
				  (2019)
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 607-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment on the commodity in each of
			 the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 607-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may remove a commissioner from
			 office, and declare the position vacant for cause, including the following
			 reasons:
(a) Two unexcused absences, or other
			 neglect of duty in office;
(b) Use
			 of the commission appointment for financial gain or to avoid financial
			 detriment;
(c) Unauthorized use or
			 disclosure of confidential information;
(d) Conduct in violation of Oregon government
			 standards and practices laws;
(e)
			 Misappropriation or misuse of commission funds;
(f) Failure to satisfy one or more
			 qualifications for appointment;
(g)
			 Not working for the positive economic benefit of the commodity;
(h) Inefficiency; or
(i) Misconduct.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 607-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the first regular meeting of the Commission at the
				beginning of the new fiscal year the Commission will elect from its members a
				Chair, a Vice Chair and a Treasurer who will serve until their successors are
				elected and qualified. The Chair, Vice Chair, or Treasurer may resign as such
				or may be removed from that position by vote of a majority of the
				Commissioners. If the Chair, Vice Chair, or Treasurer ceases to be a
				Commissioner, the office will be vacant and a successor will be selected at the
				next regular meeting of the Commission. The Chair will preside over all
				meetings of the Commission. The Vice Chair will act in lieu of the Chair when
				the Chair is unable to perform the duties of the office of Chair or while the
				office is vacant, and the Treasurer will oversee the financial records of the
				Commission.
Stat. Auth.: 2003 Or. Laws Ch. 604, ORS 576
Stats. Implemented: 2003 Or. Laws Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Tall Fescue
			 Commission records and to prevent interference with the regular discharge of
			 the commission duties, the commission adopts the procedures set forth in this
			 division. Procedures for review of any denial of public records requests, or
			 fee waiver or reduction, shall be in accordance with the provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th
			 Street Cut Off SE, Salem, OR 97302.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 may request additional information or clarification from a requester of public
			 records for the purpose of expediting the commission's response to the
			 request.
(2) Within five business
			 days after receiving the request, the commission shall acknowledge receipt of
			 the request or complete the response to the request. An acknowledgment under
			 this subsection must:
(a) Confirm that the
			 commission is the custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission is not required to comply
			 with the time periods set forth in this division if the commission finds that
			 compliance would be impracticable because:
(a) The staff or volunteers necessary to
			 complete a response to the public records request are unavailable, on leave, or
			 are not scheduled to work; or
(b)
			 Compliance would demonstrably impede the commission's ability to perform other
			 necessary services; or
(c) Of the
			 volume of public records requests being simultaneously processed by the
			 commission.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 607 - DEPARTMENT OF AGRICULTURE, OREGON TALL FESCUE COMMISSION › Division 40 - PUBLIC RECORDS REQUESTS › Section 607-040-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form available from the Oregon Tall
			 Fescue Commission to the commission at the address provided in
			 607-040-0020.
(2) The commission
			 may furnish copies without charge or at a substantially reduced fee if the
			 commission determines that a fee waiver or reduction of fees is in the public
			 interest because making the record available primarily benefits the general
			 public.
(3) To determine whether to
			 waive or reduce fees, the commission shall utilize the Public Interest
			 Evaluation Form as provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.