reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0030 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division is applicable to the following Department land
				use actions in accordance with OAR
				660-030-0005:
(1) Adoption or amendment of State Park
			 Master Plans.
(2) Construction of
			 major development projects or major park facilities.
(3) Tree removal on Department property
			 within the urban growth boundaries (UGB's).
(4) Awarding of federal Land and Water
			 Conservation (L&WCF) grants for major development projects.
(5) Approval of development proposals within
			 the State Scenic Waterway boundaries.
(6) Adoption or amendment of State Scenic
			 Waterway Management Plans.
(7)
			 Designation of State Recreation Trails.
(8) Construction of Recreation Trails not on
			 Department property.
(9) Issuance
			 of Ocean Shore Improvement Permit.
(10) Issuance of State Archaeological
			 Excavation Permit on, public lands non-federal.
(11) Any other Department program
			 subsequently determined to affect land use pursuant to ORS
			 197.180 and OAR
			 660-030-0075.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0040 - Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to undertaking any land use action listed in OAR
				736-070-0030, the Department
				will use the following procedures:
(1)
			 Except where it is necessary for the Department to adopt direct findings of
			 compliance with the statewide planning goals, in the manner set forth in
			 section (4) of this rule, the Department shall achieve goal compliance by
			 acting compatibly with acknowledged comprehensive plans and land use
			 regulations.
(2) An action within a
			 land use program of the Department is considered by the Department to be in
			 compliance with the statewide planning goals, when such action is compatible
			 with the acknowledged comprehensive plan and land use regulations of the
			 applicable local governing body.
(3) The three types of compatibility
			 procedures to be used by the Department and the Department land use actions to
			 which they apply are as follows:
(a) Type I
			 Procedure:
(A) The Department shall apply for
			 and obtain the necessary local land use approvals or compatibility
			 determinations. If more than one local government has jurisdiction related to a
			 Department land use action, an approval or compatibility determination will be
			 requested from each affected local government;
(B) If the Department is informed by a local
			 government that a proposed Department land use action is or will be
			 incompatible with the affected comprehensive plan, the Department may withdraw
			 the proposal, modify the proposal to address the reasons for the
			 incompatibility, or initiate Department dispute resolution procedures as set
			 forth in OAR 736-070-0050;
(C) Department land use actions subject to
			 the Type I procedure are:
(i) Construction of
			 major developments or major park facilities;
(ii) Tree removal on Department property
			 within urban growth boundaries; and
(iii) Construction of Recreation Trails not
			 on Department property.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0050 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the intent of the Department to achieve compatibility between Department land
			 use actions and acknowledged comprehensive plans and land use regulations
			 whenever possible. However, a situation may occur where the Department believes
			 its statutory mandates may prevent the Department from meeting its land use
			 compatibility responsibility under ORS
			 197.180.
(2) The Department's preference for resolving
			 a dispute over land use compatibility is to work directly with local government
			 until resolution is accomplished. However, if no agreement can be reached, the
			 following procedures will be used to resolve land use disputes depending upon
			 which of the following two situations exist:
(a) In the event that the Department is
			 informed that a proposed or pending land use action by the Department or an
			 applicant to the Department is incompatible with a local comprehensive plan,
			 the Department will:
(A) Request the local
			 government to identify and/or provide copies of the applicable plan policies
			 and land use regulations;
(B) Cite
			 and explain reasons for the Department's proposed action(s);
(C) Suggest alternatives or modified
			 Department actions; and
(D) Offer
			 to meet and discuss solutions.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0060 - Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs That May Have a Significant Effect on Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, the Department shall assure that new
			 rules and programs which qualify as land use programs, or amendments to
			 existing land use programs, comply with the statewide planning goals and are
			 compatible with acknowledged comprehensive plans.
(2) The Commission may choose not to apply
			 this rule to the adoption of temporary rules and programs.
(3) The Department shall examine new rules or
			 programs to determine if they qualify as land use programs as defined by OAR
			 660-030-0005(2).
(4) If new rules or programs are found to be
			 land use programs, the Department or Commission shall amend OAR
			 736-070-0030, and other sections
			 of existing rule divisions pertinent to the program as needed to assure goal
			 compliance and compatibility with acknowledged comprehensive plans.
(5) Amendments to existing Department
			 programs shall be examined to determine if:
(a) They have a significant affect on land
			 use as determined by the criteria established; and
(b) Provisions of this division are
			 sufficient for assuring that actions allowed by the amendments will comply with
			 the goals and will be compatible with comprehensive plans; or
(c) They modify the program so that it no
			 longer qualifies as a land use program.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0070 - Coordination with Affected State and Federal Agencies and Special Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall coordinate with state and federal agencies
				and special districts on Department's projects or actions affecting land use as
				listed in OAR 736-070-0030 and in Section IV
				of the Department's State Agency Coordination Program and when determined to be
				necessary. Additionally, the Department will coordinate with state agencies,
				federal agencies, and others on land use issues of concern to the Department.
				Generally, this type of coordination is to provide to state agencies, federal
				agencies and others, the Department's perspective on the compatibility of
				programs or actions that others have proposed with the policies and programs of
				the Department. Department contacts for interagency coordination will be
				determined by the type of program or action, and may include the involvement of
				the assistant administrator of Programs and Planning, the outdoor recreation
				planner, a representative from the affected Department program, and regional
				supervisor or regional coordinator.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 70 - STATE AGENCY COORDINATION › Section 736-070-0080 - Cooperation and Technical Assistance to Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to statutory and budgetary
			 limitations, the Department:
(a) Will provide
			 technical assistance and information to local government;
(b) May participate in local land use
			 planning and regulations, including review of applications for development
			 proposals near or adjacent to State Parks resources, periodic review, plan
			 amendments and plan updates; and
(c) May
promote
the adoption
			 of state land use policies and local land use ordinances that consider the land
			 use policies and programs of the Parks and Recreation Commission.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0005 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of these rules is to describe the procedures for imposing and enforcing civil
			 penalties for violations of state ocean shore statutes, regulations, permits
			 and orders. Definitions, notice requirements, a penalty schedule and hearing
			 process are included in these rules.
(2) These rules are intended to carry out the
			 authority granted to the Director by ORS
			 390.605 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 ocean shore statutes and regulations.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Alteration" --
			 means "improvement" as that term is defined by statute, ORS
			 390.605(1), and
			 included in these definitions at OAR
			 736-080-0010(8).
(2) "After the Fact Application" -- means an
			 application for an alteration permit under ORS
			 390.640, a permit for a
			 pipeline, cable or conduit crossing of the ocean shore under 390.715, or an
			 ocean shore product removal permit under 390.725, that is made after the
			 alteration or activity for which the permit is issued has already begun or has
			 been completed.
(3) "Civil Penalty"
			 -- means a monetary penalty imposed by the Director for violation of ocean
			 shore statutes, rules, standards, permit conditions or an order of the
			 Director;
(4) "Commission" -- means
			 the Oregon Parks and Recreation Commission;
(5) "Continuing Notice"-- means that a notice
			 of violation, once issued to a responsible party, continues in effect for a
			 designated period and need not be reissued for the same or similar violation
			 before a notice of civil penalty can be issued.
(6) "Department" -- means the Oregon Parks
			 and Recreation Department;
(7)
			 "Director" -- means the Oregon Parks and Recreation Director;
(8) "Improvement" -- means filling a portion
			 of the ocean shore, removal of material from the ocean shore or a structure,
			 appurtenance or other addition, modification or alteration constructed, placed
			 or made on or to the land (ORS
			 390.605(1)).
			 For the purpose of these rules, the term "alteration" shall be used in place of
			 "improvement" except as otherwise specified in these rules;
(9) "Ocean Shore" -- means the land lying
			 between extreme low tide of the Pacific Ocean and the statutory vegetation line
			 as described by ORS 390.770 or the line of
			 established upland shore vegetation, whichever is farther inland. "Ocean shore"
			 does not include an estuary as defined in 196.800.
(10) "Property" -- means an upland building,
			 road, street, highway, sewer or water line, or other infrastructure
			 development.
(11) "Responsible
			 Party" -- means the person(s), including the applicant or permittee and their
			 contractors or agents, or the company, organization, local, state or federal
			 agency, or other entity, that is in violation of the ocean shore statutes,
			 rules, standards, permit conditions or order of the Director, pertaining to an
			 alteration on the ocean shore.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0030 - Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 party responsible for an ocean shore violation, or the landowner if the
			 violation occurs on private property within the ocean shore, shall be notified
			 of the violation at such time as the Director determines a violation has
			 occurred. Notice has been given when the notice of violation has been delivered
			 to the responsible party in person or mailed to the responsible party by
			 certified or registered mail.
(2)
			 The notice of violation shall include:
(a)
			 The statute(s), rule(s), permit condition(s), standard(s) or order
			 violated;
(b) A description of the
			 violation;
(c) The date the
			 violation occurred or was observed;
(d) The address, legal description or other
			 locational description of the property where the violation occurred;
(e) The specified time(s) for correction of
			 the violation; and
(f) The specific
			 actions to be taken to correct the violation. The specific corrective actions
			 set forth in the violation notice may include all or any combination of the
			 following options in addition to any other measures the Director may deem
			 appropriate:
(A) Filing an after the fact
			 application, except in those cases where the proposed project is prohibited by
			 statute or rule;
(B) Removing the
			 ocean shore project in violation; and
(C) Taking initial corrective measures
			 specified in the violation notice as necessary to promote the public health,
			 safety and welfare and avoid, prevent or minimize damage to the ocean shore and
			 its natural, scenic, recreational, and economic values.
(g) The date on which a civil penalty will
			 start accruing if the violation is not corrected as described in subsections
			 (e) and (f) of this rule, except that the Director may decide to impose a civil
			 penalty as described in section (4) of this rule even in cases where
			 appropriate and timely corrective action is taken.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0040 - Continuing Notice of Violation and Repeat Violations

Current through Register Vol. 63, No. 7, July 1, 2024
A notice of violation shall be considered a continuing notice
				for a period of three years following the date of the notice. A person or
				agency commits a repeat violation if they make an alteration on the ocean shore
				without a permit issued under ORS
				390.650, or violate an ocean
				shore standard or a condition in a permit or order within the three year period
				following a previous notice of violation. In the case of a repeat violation, a
				civil penalty may be imposed without providing the opportunity for
				correction.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0050 - Determination of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
Civil penalties shall be computed using the following formula;
				P = BF x C x V x F x I, where:
(1) "P"
			 is the amount of penalty in dollars;
(2) "BF" is the base fine which shall be
			 $500;
(3) "C" shall indicate the
			 level of cooperation of the responsible party in resolving the violation where:
(a) A value of 1 shall indicate the
			 responsible party is highly cooperative, timely and diligent in applying the
			 corrective measures directed by the Department;
(b) A value of 2 shall indicate the
			 responsible party is moderately cooperative but either failed to meet the time
			 frame for correction or failed to apply the corrective measures directed by the
			 Department; and
(c) A value of 3
			 shall indicate the responsible party is uncooperative and both failed to meet
			 the time frame or apply the corrective measures directed by the
			 Department;
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0060 - Notice of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Persons or agencies who have received a notice of violation under OAR
			 736-080-0030, but have not
			 corrected, or have only partially corrected the violation by the time specified
			 in the notice, or who have committed a repeat violation under a continuing
			 notice, may be assessed a civil penalty. Notice of a civil penalty shall be
			 delivered to the responsible party either in person or by registered or
			 certified mail. Where the notice is made by mail, the date of mailing shall be
			 considered the date of service.
(2)
			 The notice of civil penalty shall include:
(a) A reference to the particular section(s)
			 of the statutes, rules, standards, order or permit conditions
			 involved;
(b) A short and plain
			 statement of the matters asserted or charged;
(c) A statement of the amount of civil
			 penalty being imposed; and
(d) A
			 statement of the responsible party's right to request a hearing.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 80 - CIVIL PENALTY ASSESSMENT FOR OCEAN SHORE VIOLATIONS › Section 736-080-0070 - Opportunity for Hearing/Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person or agency receiving a notice of
			 civil penalty may request a hearing by making written application to the
			 Department within 20 days of the service date of the notice. The service date
			 of the notice shall be the date of mailing. If mailed, a request for hearing
			 shall be considered made on the date the request is postmarked. If the
			 postmarked date exceeds 20 days after the service date of the notice, the
			 responsible party's right to a contested case hearing shall be
			 waived.
(2) If a responsible party
			 fails to request a hearing or makes an untimely request, a final order may be
			 issued upon prima facie case made on the record of the Department.
(3) If a hearing is requested timely, it
			 shall be scheduled and conducted according to contested case procedures.
			 Following the hearing, the Director shall enter a proposed order. If no
			 exceptions are filed, the proposed order becomes final.
(4) Judicial review of an order issued under
			 this section shall be as provided in ORS
			 183.480 to
			 183.497 for judicial review of
			 contested cases. Jurisdiction for judicial review of contested cases is
			 conferred upon the Court of Appeals.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The mission of the Oregon Parks and Recreation Department is to
				provide and protect outstanding natural, scenic, cultural, historic and
				recreational sites for the enjoyment and education of present and future
				generations. The Department is guided by the Parks and Recreation Commission,
				which leads by defining and affirming the Department's core values and
				direction. The Commission adopted Target 2014 on November 30, 2000, setting the
				Department's direction for the next fifteen years. These rules set forth the
				goals that comprise Target 2014.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0010 - Goal Two - Promote outdoor recreation in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Department is the state's
				principal advocate, leader and source of expertise and support for outdoor
				recreation.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0020 - Goal Three - Advance the principles of conservation and sustainability in land management, development and business practices

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission and the Department hold a public trust to
				protect Oregon's park system, including the Willamette River Greenway, State
				Scenic Waterways and ocean shores. The Department practices sustainable natural
				resource management that balances the need to assure future generations enjoy
				similar benefits.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0030 - Goal Four - Preserve Oregon's rich cultural heritage and broaden public understanding of Oregon's historic places and events

Current through Register Vol. 63, No. 7, July 1, 2024
The cultural history of Oregon -- structures, landmarks, and
				special places -- extends beyond the boundaries of park properties. The
				Heritage Conservation Division safeguards this public trust.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0040 - Goal One - Acquire properties that build upon the diversity and strength of our current system

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon state park system is a rich mosaic of Oregon's
				natural resources, scenic landscapes and history. In 1998, voters sent a clear
				message of support for the enhancement of that mosaic through the development,
				conservation and expansion of Oregon's park system for future
				generations.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0050 - Goal Five - Deliver world-class experiences to park visitors

Current through Register Vol. 63, No. 7, July 1, 2024
World-class experiences create vivid memories that enrich the
				lives of our visitors, and deepen their understanding of Oregon's natural,
				historical and cultural resources. Bringing those experiences to life requires
				a fundamentally strong park system, with varied, ample and appealing places to
				visit, enthusiastic, professional staff, and a special commitment to
				high-quality interpretive experiences.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0060 - Goal Six - Promote access to Oregon's beaches, trails and waterways

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon's park properties belong to the people. The Commission
				is entrusted with ensuring reasonable access to park lands for all while
				simultaneously considering resource protection and local land use goals. In
				particular, access to Oregon's beaches, scenic waterways, trail corridors and
				other public open spaces demands consistent advocacy, planning and consensus
				building to ensure enhancement and growth.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0070 - Goal Seven - Provide varied, high-quality camping and other overnight experiences

Current through Register Vol. 63, No. 7, July 1, 2024
Camping is a cornerstone of the Oregon state park experience.
				Demand for camping and other overnight stays in parks is increasing and
				becoming more varied, and the Department must respond quickly and creatively to
				that demand.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 100 - TARGET 2014 - GOALS FOR OREGON PARKS AND RECREATION DEPARTMENT › Section 736-100-0080 - Goal Eight - Seek sufficient and stable operational and long-term funding

Current through Register Vol. 63, No. 7, July 1, 2024
While Oregon voters accorded the Department a greater measure
				of financial stability and sufficiency in 1998 through a dedicated share of the
				state lottery, the Department's revenue sources are diverse. The Department
				will not become over-reliant on any one funding source, and the Commission
				acknowledges need for continued fund-raising, leveraged or shared acquisition
				partnerships and lean, efficient operations.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.010 &
				  390.117
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0000 - Use of Collaborative Dispute Resolution Processes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise precluded by law, the
			 agency may, in its discretion, use a collaborative dispute resolution process
			 in contested cases, rulemaking proceedings, judicial proceedings, and any other
			 decision-making or policy development process or controversy involving the
			 agency. Collaborative dispute resolution may be used to prevent or to minimize
			 the escalation of disputes and to resolve disputes once they have
			 occurred.
(2) Nothing in this rule
			 limits innovation and experimentation with collaborative or alternative forms
			 of dispute resolution, with negotiated rulemaking or with other procedures or
			 dispute resolution practices not otherwise prohibited by law.
(3) The collaborative means of dispute
			 resolution may be facilitated negotiation, mediation, facilitation or any other
			 method designed to encourage the agency and the other participants to work
			 together to develop a mutually agreeable solution. The agency may also consider
			 using neutral fact-finders in an advisory capacity.
(4) The agency shall not agree to any dispute
			 resolution process in which its ultimate settlement or decision-making
			 authority is given to a third party, including arbitration or fact-finding,
			 without prior written authorization from the Attorney General.
(5) Nothing in this rule obligates the agency
			 to offer funds to settle any case, to accept a particular settlement or
			 resolution of a dispute, to alter its standards for accepting settlements, to
			 submit to binding arbitration, or to alter any existing delegation of
			 settlement or litigation authority.
Statutory/Other Authority: ORS
				  390.124 & ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.224
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0001 - Assessment for Use of Collaborative DR Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before instituting a collaborative
			 dispute resolution process, the agency may conduct an assessment to determine
			 if a collaborative process is appropriate for the controversy and, if so, under
			 what conditions.
(2) A
			 collaborative DR process may be appropriate if:
(a) The relationship between the parties will
			 continue beyond the resolution of the controversy and a collaborative DR
			 process is likely to have a favorable effect on the relationship;
(b) There are outcomes or solutions that are
			 only available through a collaborative process;
(c) There is a reasonable likelihood that a
			 collaborative process will result in an agreement;
(d) The implementation and durability of any
			 resolution to the controversy will likely require ongoing, voluntary
			 cooperation of the participants;
(e) A candid or confidential discussion among
			 the disputants may help resolve the controversy, and OAR
			 137-005-0050 may provide for
			 such candor or confidentiality;
(f)
			 Direct negotiations between the parties have been unsuccessful or could be
			 improved with the assistance of a collaborative DR provider;
(g) No single agency or jurisdiction has
			 complete control over the issue and a collaborative process is likely to be
			 effective in reconciling conflicts over jurisdiction and control; or
(h) The agency has limited time or other
			 resources, and a collaborative process would use less agency resources, take
			 less time or be more efficient than another type of
			 process.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0002 - Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, "complex public policy controversy" means a
			 multi-party controversy that includes at least one governmental participant and
			 that affects the broader public, rather than only a single group or
			 individual.
(2) Before using a
			 collaborative process to resolve a complex public policy controversy, the
			 agency may conduct an assessment to determine if a collaborative DR process is
			 appropriate and, if so, under what conditions. In addition to the factors in
			 OAR 137-005-0020, the agency may use
			 the assessment to consider if:
(a) The agency
			 is interested in joint problem solving or in reaching a consensus among
			 participants, and not solely in obtaining public comment, consultation or
			 feedback, which may be addressed through other processes;
(b) The persons, interest groups or entities
			 significantly affected by the controversy or by any agreement resulting from
			 the collaborative DR process
(A) Can be
			 readily identified;
(B) Are willing
			 to participate in a collaborative process; and
(C) Have the time, resources and ability to
			 participate effectively in a collaborative process and in the implementation of
			 any agreement that may result from the collaborative
			 process;
(c) The persons
			 identified as representing the interests of a group of persons or of an
			 organization have sufficient authority to negotiate a durable agreement on
			 behalf of the group or organization they represent; or
(d) There are ongoing or proposed
			 legislative, political or legal activities that would significantly undermine
			 the value of the collaborative process or the durability of any collaborative
			 agreement.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0003 - Agreement to Collaborate

Current through Register Vol. 63, No. 7, July 1, 2024
In preparation for, or in the course of, a collaborative DR
				process the agency and the other participants may enter into a written
				agreement to collaborate. This agreement may include:
(1) A brief description of the dispute or the
			 issues to be resolved;
(2) A list
			 of the participants;
(3) A
			 description of the proposed collaborative DR process;
(4) An estimated starting date and ending
			 date for the process;
(5) A
			 statement whether the collaborative DR provider will receive compensation and,
			 if so, who will be responsible for its payment;
(6) A description of the process, including,
			 but not limited to: the role of witnesses, and whether and how counsel may
			 participate in the process;
(7)
			 Consistent with applicable statute and rules, a statement regarding the degree
			 to which the proceedings or communications made during the course of the
			 collaborative DR process are confidential; and
(8) A description of the likely means of
			 enforcing any agreement or settlement that may result.
Statutory/Other Authority: ORS
				  390.124 & ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.224
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  36.224 &
				  390.124
Stats. Implemented: ORS
				  36.224,
				  36.228,
				  36.230 &
				  36.232
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0006 - Confidentiality of Collaborative Dispute Resolution Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule,
(a) "Agreement to
			 mediate" means a written agreement to mediate executed by the parties
			 establishing the terms and conditions of the mediation, which may include
			 provisions specifying the extent to which mediation communications will be
			 confidential.
(b) "Mediation" means
			 a process in which a mediator assists and facilitates two or more parties to a
			 controversy in reaching a mutually acceptable resolution of the controversy and
			 includes all contacts between a mediator and any party or agent of a party,
			 until such time as a resolution is agreed to by the parties or the mediation
			 process is terminated.
(c)
			 "Mediation agreement" means an agreement arising out of a mediation, including
			 any term or condition of the agreement.
(d) "Mediation communication" means:
(A) All communications that are made, in the
			 course of or in connection with a mediation, to a mediator, a mediation program
			 or a party to, or any other person present at, the mediation proceedings;
			 and
(B) All memoranda, work
			 products, documents and other materials, including any draft mediation
			 agreement, that are prepared for or submitted in the course of or in connection
			 with a mediation or by a mediator, a mediation program or a party to, or any
			 other person present at, mediation proceedings.
(e) "Mediator" means a third party who
			 performs mediation. Mediator includes agents and employees of the mediator or
			 mediation program.
(f) "Party"
			 means a person or agency participating in a mediation who has a direct interest
			 in the controversy that is the subject of the mediation. A person or agency is
			 not a party to a mediation solely because the person or agency is conducting
			 the mediation, is making the mediation available or is serving as an
			 information resource at the mediation.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0011 - Mediation Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 words and phrases used in these rules have the same meaning as given to them in
			 ORS 36.110 and
			 36.234. In addition, as used in
			 this rule, unless the context requires otherwise:
(a) "Agency" or "the agency" means Oregon
			 Parks and Recreation Department or OPRD.
(b) "Director" means the Director of the
			 Oregon Parks and Recreation Department.
(c) "State agency" may refer to Oregon Parks
			 and Recreation Department or could refer to a state agency other than the
			 Oregon Parks and Recreation Department if more than one state agency is party
			 to the mediation.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0015 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a tort claim notice or a
			 lawsuit has been filed.
(2) The
			 words and phrases used in this rule have the same meaning as given to them in
			 ORS 36.110 and
			 36.234. In addition, as used in
			 this rule, unless the context requires otherwise:
(a) "Agency" or "the agency" means Oregon
			 Parks and Recreation Department or OPRD.
(b) "Director" means the Director of the
			 Oregon Parks and Recreation Department.
(c) "State agency" may refer to Oregon Parks
			 and Recreation Department or could refer to a state agency other than the
			 Oregon Parks and Recreation Department if more than one state agency is party
			 to the mediation.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0021 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by law, mediation is a voluntary process from which the
			 agency and other participants may withdraw at any time.
(2) The mediator does not represent the
			 interests of any of the participants or offer legal advice. Likewise, the
			 mediator is not a judge and has no decision making power to impose a settlement
			 on the participants or to render decisions.
(3) The person participating in the mediation
			 on behalf of the agency shall be knowledgeable about the issues in dispute and
			 have authority to effectively recommend settlement options to the
			 agency.
Statutory/Other Authority: ORS
				  390.124 & ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.224
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0025 - Contract Clauses Specifying Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may specify or require any
			 form of dispute resolution except binding arbitration as a condition of a
			 contract.
(2) The agency may
			 specify binding arbitration by contract only if the Attorney General has
			 approved the contract containing the clause specifying binding arbitration and
			 the clause itself for legal sufficiency.
(3) The agency may provide for the resolution
			 of technical, scientific or accounting matters of fact by requiring the
			 submission of such matters to a neutral fact finder selected and appointed as
			 specified in a contract clause.
(4)
			 The specification of a method of dispute resolution in a contract clause does
			 not:
(a) Remove the requirement to provide
			 notices or filings or to meet deadlines otherwise required by law, regulation
			 or contract provision;
(b)
			 Constitute a waiver of the sovereign immunity of the State of Oregon;
			 or
(c) Prohibit the participants
			 from entering into an agreement to use any other method of dispute resolution
			 that appears to be more suitable for the particular dispute in lieu of or in
			 addition to the method specified by contract.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Department adopts OAR
				137-046-0100 through
				137-046-0480 (effective January
				1, 2008), the Department of Justice Model Rules, General Provisions Related to
				Public Contracting including the additional provision provided in these
				rules.
Stat. Auth.: ORS
				  279A.070
Stats. Implemented: ORS
				  279A.070 &
				  279A.065
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0012 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Contract
			 Administration" means all functions related to a given contract between OPRD
			 and a contractor from the time the contract is awarded until the work is
			 completed and accepted or the contract is terminated, payment has been made,
			 and disputes have been resolved.
(2) "Designated Procurement Officer" (DPO)
			 means the individual designated and authorized by the Director of the Oregon
			 Parks and Recreation Department to perform certain procurement functions
			 described in these rules.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.050;
				  279A.065(5);
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0015 - Special Approvals for Public Contracts When Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When Attorney General legal sufficiency
			 approval is required under ORS
			 291.047, the Oregon Parks and
			 Recreation Department (OPRD) must seek legal approval.
(2) When OPRD contracts for services normally
			 provided by another contracting agency or for services for which another
			 contracting agency has statutory responsibilities, OPRD is required to seek the
			 other contracting agency's approvals. Examples of these special approvals
			 include, but are not limited to:
(a) Oregon
			 Department of Administrative Services (DAS), State Services Division, Risk
			 Management for providing tort liability coverage;
(b) DAS, State Services Division, Publishing
			 and Distribution for printing services;
(c) DAS, State Data Center for
			 telecommunications services;
(d)
			 Office of the Treasurer, Debt Management Division, for bond counsel and
			 financial advisory services (bond counsel services also require the approval of
			 the Attorney General);
(e) DAS
			 Enterprise Information Strategy and Policy Division for information-system
			 related services.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0020 - Reporting Requirements for Personal Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Administrative Services (DAS) State
				Procurement Office maintains an electronic reporting system called the Oregon
				Procurement Information Network (ORPIN) and a report form for reporting
				personal services contracts. OPRD must submit this report form to the DAS State
				Procurement Office for each contract and subsequent contract amendment. The
				report form must include OPRD's name, not-to-exceed amount of the contract, the
				name of the contractor, the duration of the contract, and its basic purpose.
				OPRD will use the OPRIN system for reporting personal services contracts,
				including architectural, engineering and land surveying services contracts and
				related services contracts pursuant to ORS 729A.140(2)(h)(A)(I) unless directed
				otherwise by DAS State Procurement Office.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.140(h)(A)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0050 - Contract Administration; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OPRD conducts procurements for goods or
			 services, including architectural, engineering, land surveying and related
			 services, and public improvements, pursuant to ORS
			 279A.050 and ORS
			 279A.075.
(2) OPRD must appoint, in writing, a contract
			 administrator as an OPRD representative for each contract. The contract
			 administrator may delegate in writing a portion of the contract administrator's
			 responsibilities to a technical representative for specific day-to-day
			 administrative activities for each contract.
(3) OPRD must maintain a procurement file for
			 procurements exceeding the intermediate procurement threshold for goods or
			 services; the informal selection threshold for architectural, engineering, and
			 land surveying services; and the intermediate procurement threshold for public
			 improvements pursuant to OAR
			 137-047-0270,
			 137-048-0210, and
			 137-049-0160, respectively:
(a) Each procurement file must contain:
(A) Documentation required by law and the DOJ
			 Model Rules;
(B) An executed
			 contract, if awarded;