reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0085 - Coordination Procedures for Operations, Maintenance and Modernization Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures in this rule shall be followed when the
				Department determines that an operations, maintenance or modernization activity
				would significantly affect land use in accordance with OAR
				738-130-0035 unless compliance
				with the statewide planning goals and compatibility with acknowledged
				comprehensive plans has been established through application of OAR
				738-130-0075 or
				738-130-0085.
(1) The Department shall consult planning
			 officials of the affected city or county to determine whether any local land
			 use approvals are required to carry out the proposed activity.
(2) If any local planning approvals are
			 required, the Department shall either modify the proposed activity so as to not
			 require approval, or shall apply for the necessary approvals.
(3) If the approvals are not granted the
			 Department may:
(a) Modify the proposed
			 activity so as to not require permits;
(b) Not do the proposed activity; or
(c) Appeal the local decision.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0095 - Coordination Procedures for the Disposal of Airport Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall notify potential
			 buyers of their responsibility to establish compliance and compatibility.
(2) The Department shall obtain a
			 written statement from a planning official of the affected city or county that
			 all land use planning approvals have been obtained or that the planned sale
			 complies with the acknowledged comprehensive plan but no local land use
			 approvals are needed.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0105 - Permit Program Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall notify applicants for permits or licenses or renewals of
			 permits or licenses listed in OAR
			 738-130-0025 of their
			 responsibility to demonstrate compliance and compatibility.
(2) The Department shall not issue a permit
			 unless certification of compatibility is demonstrated by the applicant. The
			 Department may deny, condition or further restrict a permit that is compatible
			 as necessary to carry out applicable Department rules and statutes.
(3) Certification shall be documentation that
			 all local land use planning approvals have been obtained or a written statement
			 by a planning official of the affected city or county that the application
			 complies with the acknowledged comprehensive plan but no local land use
			 approvals are needed.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0115 - Referral of Compatibility Disputes to the Land Conservation and Development Commission

Current through Register Vol. 63, No. 7, July 1, 2024
If a compatibility conflict persists after pursuing the
				compatibility procedures listed in OAR
				738-130-0045 through
				738-130-0115, the Department
				shall request that the Land Conservation and Development Commission make a
				compatibility determination in accordance with
				660-030-0070(7) through
				(12).
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0125 - Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board and Department shall follow the
			 procedures in OAR 660-030-0075 to assure that new
			 or amended rules and programs comply with the requirements of ORS
			 197.180 and OAR chapter 660,
			 division 30.
(2) The Department
			 shall determine whether new or amended rules and programs affect land use
			 pursuant to OAR 660-030-0005(2)
			 and 738-130-0035.
(3) This section shall not apply to the
			 adoption of temporary rules or programs.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0005 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 are designed by the Oregon Department of Aviation to establish procedures and
			 requirements for the administration and enforcement of civil penalties. These
			 rules are intended to explain the authority granted to the Director of the
			 Department of Aviation by ORS
			 835.106 and
			 835.112 et seq. The civil
			 penalty authority described in these rules is in addition to other authorities
			 and corrective actions available to the Director and the Department regarding
			 violations of ORS chapter 837. Civil penalties imposed under these rules apply
			 to violations of ORS chapter 837 and associated rules, orders, or permits
			 included in, implemented, or issued, in accordance with ORS
			 837.998 and
			 183.745.
(2) At the Director's discretion, imposition
			 of a civil penalty may be waived when the responsible party responds with
			 timely compliance or voluntary restitution. If the timely compliance or
			 restitution action(s) satisfy the Department, and the violation avoided
			 long-term and irreversible impacts on public health, safety, welfare, and
			 economic values of persons or property, then the Director may mitigate the
			 consequences of the violation.
(3)
			 Civil penalties under this section shall be imposed in the manner provided in
			 ORS 183.745.
(4) The Department of Aviation may reduce any
			 civil penalty provided for in this section on such terms as the department
			 considers proper if:
(a) The defendant admits
			 the violations alleged in the notice and makes timely request for reduction of
			 the penalty; or
(b) The defendant
			 submits to the department a written request for reduction of the penalty within
			 15 days from the date the penalty order is served.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of
				738-140-0005 through
				738-140-0050, the following definitions apply:
(1) "Aircraft" is a device that is used or
			 intended to be used for flight in the air.
(2) "Class A Violation" is an action or
			 non-action in breach of a statute or rule that incurs a maximum fine of $2,000
			 for an individual and $4,000 for a corporation in accordance with ORS
			 153.012. See also: ORS
			 153.018,
			 153.019,
			 153.021.
(3) "Department" is the Oregon Department of
			 Aviation.
(4) "Director" is the
			 Director of the Oregon Department of Aviation.
(5) "Director's delegate" is any person
			 acting with sanction from and on behalf of the Director of the Department of
			 Aviation.
(6) "Intentional" is the
			 deliberate or willful action or non-action of a person or entity.
(7) "OAR" is the Oregon Administrative Rules.
(8) "ORS" is the Oregon Revised
			 Statutes.
(9) "Violation" is a
			 breach of a statute, rule, standard, or permit condition.
(10) "Violator" is any person, entity, or
			 public department that has breached a statute, rule, standard, or permit
			 condition.
Stat. Auth.: ORS
				  153.022,
				  183.745,
				  835.035,
				  835.112,
				  837.998
Stats. Implemented: ORS
				  837.005 -
				  837.998
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0015 - Civil Penalty Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Upon a determination that a violation has occurred, the
				Director or Director's delegate may impose a civil penalty against the party
				responsible for the violation. The Director or Director's delegate may waive or
				adjust any civil penalty as provided in OAR
				738-140-0015,
				738-140-0020, or
				738-140-0030. Imposing a civil
				penalty under these rules for a violation shall not preclude the Director or
				Director's delegate from pursuing other regulatory or penalty
				actions.
Stat. Auth.: ORS
				  153.022,
				  183.745,
				  835.035,
				  835.112,
				  837.998
Stats. Implemented: ORS
				  837.005 -
				  837.998
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0025 - Intentional Violation of Public Body Registration of Unmanned Aircraft Systems Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Violation of any provision of ORS
				837.360 concerning public body
				registration of unmanned aircraft systems may incur a civil penalty of an
				amount computed using the formula described in OAR
				738-140-0030, whichever is
				greater, where "BF" is the base fine and shall be equal to $111.00. The maximum
				civil penalty that may be imposed under these rules is
				$10,000.
Stat. Auth.: ORS
				  153.022,
				  183.745,
				  835.035,
				  835.112,
				  837.998
Stats. Implemented: ORS
				  837.005 -
				  837.998
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0030 - Formula to Determine Amount of Civil penalty for Violations of Chapter 837

Current through Register Vol. 63, No. 7, July 1, 2024
Formula referenced is not included in rule text.
Click here for PDF copy of
				  formula
.
Stat. Auth.: ORS
				  153.022,
				  183.745,
				  835.035,
				  835.112,
				  837.998
Stats. Implemented: ORS
				  837.005 -
				  837.998
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0035 - Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency's notice of violation issued pursuant to ORS
			 183.415 shall include:
(a) A caption with the name of the agency and
			 the name of the person or agency to whom the notice is issued;
(b) A short and plain statement of the
			 matters asserted or charged and a reference to the particular sections of the
			 statute and rules involved;
(c) A
			 statement of the party's right to be represented by counsel and that legal aid
			 organizations may be able to assist a party with limited financial resources;
(d) A statement of the party's
			 right to a hearing;
(e) A statement
			 of the agency's authority and jurisdiction to hold a hearing on the matters
			 asserted or charged; and
(f)
			 Either:
(A) A statement of the procedure and
			 time to request a hearing, the agency address to which a hearing request should
			 be sent, and a statement that if a request for hearing is not received by the
			 agency within the time stated in the notice the person will have waived the
			 right to a hearing; or
(B) A
			 statement of the time and place of the hearing.
(g) A statement indicating whether and under
			 what circumstances an order by default may be entered.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 140 - CIVIL PENALTIES › Section 738-140-0040 - Rights of Parties and Opportunity for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the information required
			 to be given in writing under ORS
			 183.413(2) and
			 183.415(2) and
			 (3), before commencement of a hearing, the
			 agency shall inform a party, if the party is an agency, corporation, or an
			 unincorporated association, that such party must be represented by an attorney
			 licensed in Oregon, unless statutes applicable to the contested case proceeding
			 specifically provide otherwise. This information may be given orally or in
			 writing.
(2) Unless otherwise
			 precluded by law, the agency and the parties may agree to use alternative
			 methods of dispute resolution in contested case matters. Such alternative
			 methods of resolution may include arbitration or any collaborative method
			 designed to encourage the agency and the parties to work together to develop a
			 mutually agreeable solution, such as negotiation, mediation, use of a
			 facilitator or a neutral fact-finder or settlement conferences, but may not
			 include arbitration that is binding on the agency.
(3) Final disposition of contested cases may
			 be by a final order following hearing or, unless precluded by law, by
			 stipulation, agreed settlement, consent order or final order by default. A
			 stipulation, agreed settlement or consent order disposing of a contested case
			 must be in writing and signed by the party or parties. By signing such an
			 agreement, the party or parties waive the right to a contested case hearing and
			 to judicial review. The agency shall incorporate the disposition into a final
			 order. A copy of any final order incorporating an agreement must be delivered
			 or mailed to each party and, if a party is represented by an attorney, to the
			 party's attorney.
Stat. Auth.: ORS
				  835.035,
				  835.112
Stats. Implemented: ORS
				  835.035,
				  835.112
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 10 - PROCEDURAL RULES › Section 740-010-0010 - Agency Representation at Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney General has given written
			 consent as required by ORS
			 183.452 for an officer or employee of the Department of Transportation to appear on
			 behalf of the agency in the following types of contested case hearings
			 conducted by ODOT:
(a) Assessment of civil
			 monetary penalties for violation(s) of ORS Chapter 818, 823, 825 and 826 or
			 related rules;
(b) Suspension or
			 cancellation of motor carrier operating authority;
(c) Cancellation of registration or vehicle
			 enrollment in the weight-mile tax program;
(d) Surety bond increase;
(e) Tariff docket; and
(f) Reassessment cases involving weight-mile
			 tax, commercial or prorate registration fees, road use assessment fees, or fuel
			 taxes pursuant to ORS Chapter 818, 825 and 826 or related rules.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 10 - PROCEDURAL RULES › Section 740-010-0020 - Emergency Suspension of Statutes - Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
The Director of the Oregon Department of Transportation
				authorizes the following line of succession to temporarily suspend operation of
				statutes involving motor carriers as described in ORS
				823.012 in the event the Director is not available:
(1) Administrator of the Commerce and
			 Compliance Division (CCD);
(2)
			 Manager of the Salem Motor Carrier Services Section of CCD;
(3) Manager of Investigations/Safety/Federal
			 Programs Section of CCD;
(4)
			 Manager of Field Motor Carrier Services Section of CCD.
Statutory/Other Authority: ORS
				  184.619,
				  823.011  &
				  823.012
Statutes/Other Implemented: ORS
				  823.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Chapter 740, division 15 rules are adopted by CCD in order
				to:
(1) Specify the procedures and
			 requirements under which a motor carrier may, by electronic means, conduct
			 business with CCD that is normally conducted in person, by phone or by mail;
			 and
(2) Promote the development and
			 use of electronic transactions between CCD and its customers while providing
			 service that is efficient, secure, convenient and
			 responsive.
Statutory/Other Authority: ORS
				  184.619  &
				  802.012
Statutes/Other Implemented: ORS
				  802.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 740, division 15, the following
				definitions apply:
(1) "Agent" means a
			 person or organization appointed or assigned by a Power of Attorney to conduct
			 all business on behalf of a motor carrier.
(2) "CCD" means the Commerce and Compliance
			 Division of the Oregon Department of Transportation.
(3) "Electronic record" means a record
			 created, generated, sent, communicated, received or stored by electronic
			 means.
(4) "Electronic signature"
			 means an electronic sound, symbol or process attached to or logically
			 associated with a record and executed or adopted by a person or organization
			 with the intent to sign the record.
(5) "Electronic transaction" means the
			 exchange of an electronic record and, in those transactions where an ink on
			 paper signature would also be required under Oregon law, an electronic
			 signature, between a motor carrier and CCD for the purposes of:
(a) Facilitating access to public records or
			 public information;
(b) Purchasing
			 or selling goods or services;
(c)
			 Transferring funds;
(d)
			 Facilitating the submission of an electronic record or electronic signature
			 required or accepted by CCD; or
(e)
			 Creating records upon which CCD or another person or organization will
			 reasonably rely upon and may use for audit purposes, including but not limited
			 to formal communications, notices, certifications and any other record that is
			 issued under a signature.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0030 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
An electronic transaction conducted between CDD and a motor
				carrier, including but not limited to the submission of documents or
				information to CCD:
(1) Is voluntary
			 and is made at the sole discretion of the motor carrier submitting the
			 information;
(2) Must be conducted
			 through the CCD Trucking Online secure Web site at:
www.oregontruckingonline.com
;
(3) Must be conducted in accordance with:
(a) The provisions of chapter 740, division
			 15 rules;
(b) All applicable laws
			 and administrative rules; and
(c)
			 Any instructions contained on CCD's Web site; and
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0040 - Personal Identification Number (PIN); Unique Identifiers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CCD may require the use of a PIN or other
			 unique identifier for certain electronic transactions.
(2) When a PIN is required, a motor carrier
			 may request a PIN by submitting a request for PIN at the Oregon Trucking Online
			 website. A PIN request Form must be completed by a motor carrier's owner,
			 partner, corporate officer, or manager member of a limited liability
			 company.
(3) Upon receipt of a PIN
			 Request Form, CCD will assign and e-mail the PIN to the e-mail address provided
			 on the PIN Request Form. CCD will send, by U.S. mail, an activation notice to
			 the motor carrier's address of record.
(4) CCD reserves the right to terminate a PIN
			 issued under this rule if:
(a) The PIN is not
			 activated, or used at the Oregon Trucking Online Website, within a 12-month
			 period;
(b) The Department
			 determines that a transaction was conducted fraudulently; or
(c) The Department determines the PIN holder
			 has not complied with the provisions of division 15 rules, ORS Chapter 825 or
			 ORS 826, or any other Oregon law regarding electronic transactions.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0050 - Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				802.012(2),
				an electronic transaction conducted at CCD's Web site that includes the
				electronic submission of any information to CCD necessary to comply with any
				requirement of the Oregon Vehicle Code, statute, or administrative rule
				shall:
(1) Constitute a certification,
			 including but not limited to a certification as to the truth and accuracy of
			 the document or information submitted in the electronic record; and
(2) Be considered received whether or not the
			 information submitted is signed by the person or organization that submits the
			 information.
Statutory/Other Authority: ORS
				  184.619  &
				  802.012
Statutes/Other Implemented: ORS
				  802.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0060 - Date and Time Information is Considered Submitted; Received

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An electronic
			 record submitted at CCD's Web site shall be deemed received by CCD on the date
			 and at the time that the record is received by CCD's Web server.
(2) An electronic record must be received by
			 CCD not later than midnight Pacific Time on the deadline for submitting the
			 record, if applicable, to be considered received or submitted timely.
Statutory/Other Authority: ORS
				  184.619  &
				  802.012
Statutes/Other Implemented: ORS 802.012,
				  825.472  & 825.490
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0070 - Signature

Current through Register Vol. 63, No. 7, July 1, 2024
For any transaction that is required under Oregon law to be in
				writing and have a signature, an electronic signature shall have the same legal
				force and effect as if the person or organization had submitted the transaction
				in hardcopy with a handwritten signature in ink on paper.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & ORS
				  802.012
Stats. Implemented: ORS
				  802.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0080 - Payment of Fees; Use of Credit Cards; Debit Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an electronic transaction requires the
			 payment of taxes or fees to CCD, payment of those taxes or fees within the
			 electronic transaction shall be:
(a) Payment
			 by credit card or debit card approved by CCD as designated on CCD's web
			 site;
(b) Payment through an
			 Automated Clearing House; or
(c)
			 Charged to a motor carrier's account upon prior approval by CCD.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0090 - Electronic Records

Current through Register Vol. 63, No. 7, July 1, 2024
CCD records pertaining to electronic transactions conducted at
				CCD's Web site are subject to all of the requirements for processing and
				records maintenance as described in OAR 740, division 55.
Statutory/Other Authority: ORS
				  184.619  & 802.012
Statutes/Other Implemented: ORS
				  802.012  & 825.515
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0100 - Transactions Available

Current through Register Vol. 63, No. 7, July 1, 2024
CCD will maintain a list of electronic transactions available
				and instructions on the CCD Trucking Online Web site:
www.oregontruckingonline.com
.
Statutory/Other Authority: ORS 184.619 & 802.012
Statutes/Other Implemented: ORS
				  802.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 15 - MOTOR CARRIER ELECTRONIC COMMERCE AND ONLINE TRANSACTIONS › Section 740-015-0110 - Rental Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
Rental agencies that conduct electronic transactions with CCD
				pursuant to a written agreement, must comply with the provisions of division 15
				rules.
Statutory/Other Authority: ORS
				  184.619  &
				  802.012
Statutes/Other Implemented: ORS
				  802.012
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 20 - DEPARTMENT WORKFORCE ETHICS › Section 740-020-0010 - Scope Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 823.007(1)
			 requires each employee of the department who performs a function concerning the
			 economic regulation of motor carriers to file with the department an employee
			 statement of pecuniary interests in motor carriers. Division 20 rules establish
			 when a statement is required, defines terms associated with the statement and
			 describes the circumstances under which disciplinary action may occur for
			 failure to comply with ORS
			 823.007(1).
(2) For the purposes of ORS
			 823.007(2),
			 "a function concerning economic regulation of motor carriers" means any action
			 or transaction that affects or potentially affects the financial status of a
			 motor carrier. Such functions include, but may not be limited to:
(a) Entry, including issuance of operating
			 authority;
(b) Regulation and
			 establishment of rates of household goods carriers described in ORS
			 825.202;
(c) Enrollment of commercial motor vehicles
			 for highway use tax purposes;
(d)
			 Registration or apportioned registration of commercial motor
			 vehicles;
(e) Receiving, collecting
			 and accounting for money received from motor carriers;
(f) Enforcement of motor carrier regulations,
			 including audit, inspection and investigation for compliance with tax, safety
			 and other regulations;
(g) Issuance
			 of variance permits under ORS Chapter 818;
(h) Weighing commercial vehicles and
			 enforcing highway size and weight standards;
(i) Authorization of farm registration under
			 ORS Chapter 805;
(j) Processing
			 insurance and surety deposit filings; and
(k) Processing refunds.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 20 - DEPARTMENT WORKFORCE ETHICS › Section 740-020-0020 - Employee Disciplinary Action - Failure to File a Statement Regarding Pecuniary Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department may take disciplinary action that may include dismissal of a
			 department employee who performs one or more of the functions described in OAR
			 740-020-0010(2)  if the employee:
(a) Is
			 employed on or before September 1, 2003, and fails to file the statement
			 required by ORS 823.007 before September 15,
			 2003;
(b) Is employed after
			 September 1, 2003, and fails to file the statement required by ORS
			 823.007 before the 15th day
			 after the date of employment;
(c)
			 Fails to file the supplementary statement required by ORS
			 823.007 before the 15th day
			 following acquisition of a pecuniary interest; or
(d) Fails to cause divestiture of a pecuniary
			 interest within the time specified in an order issued pursuant to ORS
			 823.007.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 30 - DEFINITIONS; GENERAL PROVISIONS › Section 740-030-0010 - Applicability, References and Terminology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No rule listed in Divisions 30 through 60
			 and 105 through 115 is intended to expand the authority granted in existing
			 certificates.
(2) When grants of
			 operating territory are expressed in terms of miles for for-hire carriers of
			 household goods, air miles will be employed as the measure unless otherwise
			 described or specified. This shall apply to any lateral distances from
			 designated highways and named points.
(3) "Air miles" express distance as statute
			 miles of 5,280 feet, measured in a straight line without regard to terrain
			 features or differences in elevation on maps designated by the Department of
			 Transportation.
(4) When "air
			 miles" are designated in an application for for-hire household goods authority,
			 a known ascertainable reference point must be designated from which the air
			 mile radius or distance should be computed.
(5) Some household goods carrier certificates
			 of authority, issued prior to the effective date of this rule, express an
			 authorized territory in terms of "road miles." If any certificate holder claims
			 a particular highway or roadway as a measure to place his operations within the
			 scope of such defined authority, the burden of proof is upon said holder to
			 show that such highway or roadway is practical and operational for use in
			 transporting the affected traffic and the certificate holder normally and
			 regularly uses such highway or roadway to transport the affected
			 traffic.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.100,
				  825.110,
				  825.202 &
				  825.224
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 30 - DEFINITIONS; GENERAL PROVISIONS › Section 740-030-0020 - Communications, Business Names and Carrier Address

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All carriers must immediately report any
			 change in principal business address, legal status or business name to the
			 Department.
(2) All motor carrier
			 operations must be conducted in the name in which the certificate or permit is
			 issued or the duly assumed business name of the carrier, and all carriers are
			 required to use such name in all documents relating to their operations and in
			 all correspondence with the Department's office. This rule does not preclude
			 the use of separate name for operations conducted as a division so long as the
			 name in which the certificate or permit or the duly assumed business name is
			 also shown.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.102 - ORS
				  825.117
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 30 - DEFINITIONS; GENERAL PROVISIONS › Section 740-030-0030 - Special Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Special Operations" is an irregular route service for transportation of
			 passengers to special events or for special purposes where tickets are sold on
			 an individual basis at various points in route.
(2) "Special Event" or "for special purposes"
			 refers to a particular public happening which has a definite beginning and end,
			 or to a one of a kind special purpose trip. Although the event or trip may be
			 scheduled in advance, and occur intermittently, it does no occur on an extended
			 everyday basis, and the transportation is not conducted for the sole purpose of
			 moving passengers from one point to another.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 30 - DEFINITIONS; GENERAL PROVISIONS › Section 740-030-0045 - Annual Report for Operations Exempt Under ORS 825.017

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any owner or operator of a motor vehicle
			 exempt from the provisions of ORS Chapter 825 by
			 825.017 must file an annual
			 report form number 735-9948. The annual report will cover operations for the
			 prior calendar year. The report must be filed no later than the 31st day of
			 March following the year in which the operations occurred.
(2) The owner or operator's report must:
(a) Identify the specific exemption of ORS
			 825.017;
(b) List the mileage for each exempt vehicle;
			 and
(c) Include the registered
			 weight class for each exempt vehicle.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 740, the following definitions
				apply:
(1)  A motor carrier is "domiciled" in Oregon if the motor
				carrier has an established place of business in Oregon as specified on an
				application for authority.
(2)  An "Established Account" results when the department has
				received and approved an application for a motor carrier account or farm
				certification containing sufficient information to identify the legal entity of
				the motor carrier.
(3)  "Legal Entity" means an association, corporation,
				partnership, proprietorship, trust, individual or other entity that has a
				separate existence for tax or other purposes of accountability under law. A
				legal entity has standing to enter into agreements or contracts, assume
				obligations, incur and pay debts, sue and be sued in its own right, and to be
				held responsible for its actions.
(4)  A "Temporary Account" results when the department has
				issued an account number for the purpose of issuing temporary passes but has
				not received or approved an application for a motor carrier account or a farm
				certification.
(5)  A "Third Party Agent" is any person or entity authorized by
				the Department to implement or conduct the Motor Carrier Education Program
				training as prescribed by the Department.
Statutory/Other Authority: 184.619 & 823.011
Statutes/Other Implemented: ORS 823.027 & ORS
				  825.354
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0010 - Applications for Authority or Change of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applications for a certificate or
			 permit or for the extension, contraction, abandonment or other change in
			 operating authority or for adding vehicles to certificate or permit must be
			 made on forms approved by the Department.
(2) Additional filing requirements and
			 attachments to or in support of applications are specified in OAR
			 740-035-0150.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 & 825.232
Stats. Implemented: ORS
				  825.100,
				  825.102,
				  825.110 &
				  825.202
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0015 - Application for Motor Carrier Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A motor carrier operating under a
			 temporary account will be required to apply and be approved for an established
			 account, if any one vehicle in the fleet exceeds 5 temporary passes or if the
			 entire account exceeds 35 temporary passes within one twelve month
			 period.
(2) Applications for motor
			 carrier accounts or other supporting documents must provide the department with
			 sufficient information to identify the legal entity of the motor carrier and
			 must be made on forms furnished by the Department. A motor carrier may have
			 only one account per legal entity.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  823.027,
				  823.029 &
				  825.470
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0020 - Applicants for Certificates or Permits - Capacity - Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All individual
			 and partner applicants for for-hire carrier operating authority must have
			 reached the age of majority as it is then defined by Oregon law.
(2) If the applicant is other than an
			 individual or partnership and is not a corporation, limited liability
			 partnership, or limited liability company registered with the Corporation
			 Division, and has not previously satisfied this rule, there must be submitted
			 with the application documentary evidence of applicant's legal status; copies
			 of Articles of Incorporation or Certificate of Corporate Status, Articles of
			 Organization, Order of Appointment or other such document as the Department may
			 require.
(3) An applicant for
			 household goods authority must provide a Business Identification Number if it
			 has employees. A Business Identification Number is obtained from the Oregon
			 Department of Revenue by completing and submitting a Combined Employer's
			 Registration form (form DOR 150-211-055). The form is available from the Oregon
			 Department of Revenue by calling 503-945-8091 EXT. 1;
(4) An applicant for household goods
			 authority that intends to use temporary workers obtained from an employment
			 agency must certify that it will maintain records for three years that describe
			 the date(s) worked, names of temporary workers and name of the employment
			 agency where the temporary workers were obtained.
Exhibits referenced are not included in rule text. Click here
				  for PDF copy of exhibit(s).
Stat. Auth.: ORS
				  823.011,
				  825.125, Ch.r 433, OL
				  2009
Stats. Implemented: ORS
				  825.102,
				  825.104,
				  825.106,
				  825.110&
				  825.240
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0030 - Misclassification of Application - Effort

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If upon investigation it appears that an
			 applicant proposes to operate in a class different from that applied for,
			 applicant will be required to amend his application accordingly before the
			 matter will be assigned for hearing, or if no hearing is required, then before
			 the application is granted.
(2) If
			 upon hearing the evidence indicates that applicant is entitled to receive a
			 lesser authority than applied for, such lesser authority will be
			 granted.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.125
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0040 - Effect of Pending Investigation or Litigation on Applications for Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the Department otherwise orders, no application for
				certificate or permit, for extension, transfer or modification thereof will be
				processed if:
(1) The applicant,
			 certificate or permit is under formal investigation, other than a pending
			 safety investigation, upon complaint filed with or by the Department;
			 or
(2) The certificate, permit, or
			 application is the subject of pending court litigation.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.125
Stats. Implemented: ORS
				  825.102 - ORS
				  825.110 & ORS
				  825.240
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0050 - Holding Out As For-Hire Carrier

Current through Register Vol. 63, No. 7, July 1, 2024
No person shall hold himself or herself out to the public as
				willing to transport persons or property for hire by motor vehicle without
				holding operating authority from the Department.
Stat. Auth.: ORS
				  823.011
Stats. Implemented: ORS
				  825.100
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0100 - Issuance of Certificate or Permit - Start of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A copy of all certificates or permits
			 will be retained by the Department and the original supplied the carrier. Such
			 original must be retained by the carrier and be made available for inspection
			 by authorized persons at all reasonable times.
(2) Unless the time therefore is extended by
			 the Department's order, operations must be commenced not later than thirty days
			 following the issuance of the certificate.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.232
Stats. Implemented: ORS
				  825.102 - ORS
				  825.110
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0110 - Classification of Motor Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
The issuance of certificates or permits to for-hire and private
				carriers will be classified as follows:
(1)
(a) 1A
			 Intrastate Carrier -- Property, except Household Goods;
(b) 1G Intrastate For-Hire Carrier -- Other
			 than Local Cartage Household Goods;
(c) 1C Intrastate For-Hire Carrier -- Local
			 Cartage Household Goods;
(d) 1B
			 Intrastate For-Hire Carrier -- Local Cartage Household Goods under ORS
			 825.240;
(e) 1P Intrastate For-Hire, Regular Route
			 Full-Service Scheduled Carrier -- Passengers; and
(f) 1R Intrastate, For-Hire, Other Than
			 Regular Route Full-Service Scheduled Carrier -- Passengers.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0140 - Vehicle Additions, Deletions or Alterations

Current through Register Vol. 63, No. 7, July 1, 2024
Motor carriers must immediately apply for amendment of vehicle
				registration listing on forms furnished by the Department when:
(1) Any motor vehicle has been reconstructed;
			 or
(2) Any motor vehicle has been
			 materially altered, modified, or added to in body or seating arrangement or
			 carrying capacity; or
(3) The
			 declared combined weight of the motor vehicle is increased or decreased;
			 or
(4) Any motor vehicle has been
			 withdrawn from service.
Stat. Auth.: ORS 823 & ORS 825
Stats. Implemented: ORS
				  825.450
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0142 - Solo Vehicle Weight

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Solo vehicle, for the purposes of ORS
			 825.005(4) and
			 825.474, means any motor vehicle
			 that is self-propelled or designed for self-propulsion. It includes, but is not
			 limited to: A truck tractor, a dromedary truck-tractor, a motor truck, a bus, a
			 fixed load power unit, or any motor vehicle used in furtherance of a commercial
			 business.
(2) The declared weight
			 for a solo motor vehicle that is designed and used exclusively to pull trailers
			 and cannot carry a load on the motor vehicle itself is determined by
			 subtracting the maximum weight the trailer can legally carry from the declared
			 weight of the first combination weight for the vehicle.
(3) The declared weight for a solo motor
			 vehicle that is designed and used to haul a load, or is a fixed load power
			 unit, and does not operate in combination with a trailer is the highest weight
			 at which the motor carrier declares the vehicle will be operated.
(4) The declared weight for a solo motor
			 vehicle that is designed and used to haul a load or is a fixed load power unit,
			 and operates in combination with a trailer is determined by subtracting the
			 maximum weight the trailer can legally carry from the declared weight of the
			 first combination weight for the vehicle, or the highest weight at which the
			 motor carrier declares the vehicle will be operated, whichever is
			 greater.
(5) When the declared
			 weight of a solo vehicle is 26,000 pounds or less, all solo operations are
			 subject to use fuel tax unless the actual weight is over 26,000
			 pounds.
(6) If the weight of a solo
			 vehicle exceeds 26,000 pounds, all solo operations during the reporting period
			 are subject to ORS 825.474.
Stat. Auth.: ORS
				  823.011 &
				  825.450
Stats. Implemented: ORS
				  825.005 &
				  825.474
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 35 - CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS › Section 740-035-0145 - Application for New Permit Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for new Class 1A intrastate permit authority must be accompanied
			 by the following:
(a) A filing fee in the
			 amount provided in ORS 825.180;
(b)
			 An "Application For Class 1A Permit," ODOT Form Number 735-9745;
(c) An "Application For Motor Carrier
			 Account," ODOT Form Number 735-9075;
(d) Certification of liability and cargo
			 insurance coverage as required by OAR 740-040-0010, 740-040-0020, and
			 740-040-0030; and
(e) Information
			 or documentation of the form of business organization for the motor carrier
			 that shows the business and any assumed business name is properly registered in
			 the Business Registry maintained by the Oregon Secretary of State.