reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0200 - Capital Projects Advisory Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall assist the Department in
			 the review of Agency Facility Plans. It shall be comprised of seven members of
			 the public knowledgeable about construction, facilities management, and
			 maintenance issues. Two members may be state employees. The Director shall
			 appoint the chairperson of the Board.
(2) The term of each member of the Board is
			 determined by the Director.
(3) The
			 Board shall meet regularly at times deemed necessary by the Department. In
			 addition, the Director may call the Board to meet for the purpose of
			 considering agency reports.
(4) The
			 Board members shall serve without compensation from the Department for travel
			 or per diem.
(5) The Board is
			 advisory to the Director of the Department and is not a governing body or a
			 public body under ORS
			 192.610. Meetings of the Board
			 shall be treated as public meetings and shall generally follow the notification
			 and other procedures described in the Attorney General's Public Records and
			 Meetings Manual. The Department shall send notice of upcoming meetings to an
			 established and iterative mailing list of interested parties, using electronic
			 methods, where practical. The Department shall also provide information
			 regarding meetings on the Department's website.
(6) The Board shall provide a place on the
			 agenda for public comment. Public comment should be limited to the review
			 process criteria listed in ORS
			 276.227(3)(d).
			 The Board will accept public comment only on the review items listed on the
			 meeting agenda. The Board shall acknowledge any public comment and include it
			 in the formal review record.
(7)
			 The Board will not make a recommendation on a plan or other document reviewed
			 without a majority of its members present. If a duly scheduled and noticed
			 meeting does not have a majority of the members present, those present will be
			 a subcommittee of the Board. The subcommittee will report to the next scheduled
			 Board meeting when a majority is present, and formal action may be taken at
			 that time.
Statutory/Other Authority: ORS
				  276.227
Statutes/Other Implemented: ORS
				  276.227
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0250 - Procedure for Submitting Agency Facility Plans for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each state
			 agency shall report to the Board by July 31 of even-numbered years an Agency
			 Facility Plan. The Agency Facility Plan shall include a Space Needs Plan
			 (including the Biennial Leasing Plan), a Construction or Lease Project Plans,
			 and a Building Maintenance Plan, if applicable.
(2) The Board shall review the information
			 submitted and presented under section (1) of this rule and make recommendations
			 to the Director by the date specified in the Statewide Facilities Planning
			 Process Manual, or as requested by the Director.
(3) The Department shall request updated
			 plans from agencies biennially and establish a submittal schedule in the
			 Statewide Facility Planning Process Manual. This schedule shall include the
			 Agency Facility Plan due dates and presentation date for each agency to appear
			 before the Board.
(4) The Agency
			 shall provide one electronic copy to the Department no later than the due date
			 stated for the agency in the Statewide Facility Planning Process Manual
			 reporting schedule.
(5) If an
			 Agency has project(s) that require review under ORS
			 276.059 then a supplemental
			 listing and description of those projects should be prepared and submitted with
			 the other required materials as outlined in the Statewide Facility Planning
			 Process Manual.
(6) The Department
			 will provide a substantive analysis of the plans, including review for
			 completeness and responsiveness to issues and provide the information to the
			 Board. The Department may return a list of questions to the agency or
			 recommended changes.
Statutory/Other Authority: ORS
				  276.227
Statutes/Other Implemented: ORS
				  276.227
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0300 - Procedure for Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following review of the information by the Department, the agency shall present
			 its plans before the Board, for the purpose of determining if the projects are
			 compatible with the criteria established in the State Facilities Planning
			 Process Manual. The Board may pose further questions to the agency or determine
			 if additional action is required and postpone acceptance or comment on the
			 plans.
(2) The Board may elect to
			 review Major Construction or Acquisition, or Leasing Projects, as necessary, or
			 as requested by the Department or Director.
(3) In order to grant acceptance or favorable
			 comment on the plans, the Board must find the project is compatible with the
			 criteria listed in the State Facilities Planning Process Manual.
(4) No agency subject to this rule shall seek
			 Legislative or Emergency Board approval of projects meeting the criteria of
			 125-125-0150  without first having obtained review of the project by the
			 Board.
(5) The Board shall accept
			 the report after consideration of agency submissions, testimony, and public
			 testimony, if any. The Board's comments shall be kept in the formal meeting
			 minutes and provided to the Director and Department's Chief Financial
			 Office.
Statutory/Other Authority: ORS
				  276.227
Statutes/Other Implemented: ORS
				  276.227
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0310 - Capitol Planning Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Capitol Planning Commission shall
			 consist of nine members, as follows:
(a) Four
			 members shall be appointed by the Governor;
(b) One member shall be the Mayor of the City
			 of Salem or the designee of the mayor;
(c) One member shall be the chairperson of
			 the Salem Planning Commission or a member of the planning commission who is
			 designated by the chairperson;
(d)
			 One member shall be the Director of the Oregon Department of Administrative
			 Services or the designee of the director;
(e) One member, who shall be an advisory
			 member without vote, shall be the President of the Senate or a person serving
			 in the Senate who is designated by the President; and
(f) One member, who shall be an advisory
			 member without vote, shall be the Speaker of the House of Representatives or a
			 person serving in the House of Representatives who is designated by the
			 Speaker.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0350 - Capitol Area Project Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall implement a special
			 review process for projects on state-owned property, located within the
			 boundaries described by ORS
			 276.054.
(2) This review process applies to any state
			 officer, board, commission, or department authorized by law to engage in
			 capital construction or improvement projects in the areas described by ORS
			 276.054.
(3) The Department shall provide project
			 submission requirements and review criteria in the Statewide Facilities
			 Planning Process Manual. Reviews will be based upon, but not limited to, the
			 development standards and policies contained in the Area Plans adopted by the
			 Commission.
(4) Area Plans cover
			 the following state properties: Capitol Mall Area; Airport Road Area; Southeast
			 Salem Area; State Fair and Exposition Center Area; Oregon State Hospital and
			 Penitentiary Properties Area; and, Oregon School for the Deaf Area.
(5) For the purposes of the review required
			 under this rule, a project means expenditures for capital construction valued
			 at $1,000,000 or greater. A project does not include the following:
(a) Interior remodeling that does not
			 substantially change the existing use of space to another use (e.g., office
			 space, or space used by the public);
(b) Repair or maintenance that does not
			 substantially change the existing use of space, that does not add additional
			 square footage to a building, and that does not change exterior building
			 design;
(c) Individual plantings
			 within an established landscape plan that do not alter the overall plan
			 concept.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0360 - Coordination with the Capital Projects Advisory Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Projects submitted to the Capital
			 Projects Advisory Board as part of an Agency Facility Plan under ORS
			 276.227(3)(b)
			 that are within the area described by ORS
			 276.054 shall be reviewed by the
			 Commission by July 31 of each even-even numbered year, as stipulated in OAR
			 125-125-0250(1). In accordance with ORS
			 276.059(2),
			 projects that have been reviewed by the Capitol Planning Commission under this
			 section need not be reviewed by the Capital Projects Advisory Board.
(2) Joint review of specific projects may be
			 requested at the discretion of both committee chairs.
Statutory/Other Authority: ORS
				  276.055 & 276.227
Statutes/Other Implemented: ORS
				  276.056,
				  276.058,
				  276.059 &
				  276.227
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0400 - Area Plan Update Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each agency owning property in the area
			 described in ORS 276.054 shall be responsible for
			 maintaining an Area Plan for the property it owns. Newly acquired properties
			 are subject to inclusion in an Area Plan, as determined by the Commission. In
			 accordance with ORS 276.056, the Commission may
			 request updates to Areas Plans described in OAR 125-125-0350(4).
(2) The Department shall also develop and
			 maintain a coordination plan that addresses the interrelationship among the
			 different Area Plans and the state's presence in the City of Salem. The
			 Commission may request reports and studies from the Department in accordance
			 with ORS 276.058. The Commission may
			 submit reports on Area Plan activity to the Legislative Assembly and City of
			 Salem as described in ORS
			 276.061.
(3) The Department shall develop a standard
			 template for Area Plans. The Department shall also develop and maintain a
			 coordination plan that addresses the interrelationship among the different Area
			 Plans and the state's presence in the City of Salem.
(4) The Department shall develop and maintain
			 a review schedule for the Area Plans and a process for coordinating any
			 required changes with the affected agencies and the City of Salem. If outside
			 assistance is required to update the plan, it shall be at the expense of the
			 property-owning agency or agencies. The Department may waive this requirement
			 for good cause.
(5) Major Area Plan
			 updates shall be completed no later than six years from the date of adoption by
			 the Commission, unless determined by the Commission or the
			 Department.
(6) Minor Area Plan
			 updates or corrections shall be reviewed and approved as needed but may not
			 substitute for a major plan update.
(7) Property-owning agencies subject to Area
			 Plan updates shall develop and submit a plan for engagement with affected
			 neighborhood groups, government entities, tribal organizations, or other
			 interested members of the public. At the time of Area Plan review, the
			 Commission shall provide an opportunity for public comment on any proposed
			 revisions to the Area Plan.
Statutory/Other Authority: ORS
				  227.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0500 - Area Plan Review, Adoption, Amendment, and Repeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 will hold at least one public hearing pursuant to ORS
			 183.360 to review the draft Area
			 Plan prior to forwarding its recommendations to the Director.
(a) Public hearing notice will be provided at
			 least 14 days preceding the hearing. Additional notice may be provided to known
			 stakeholders and anyone who requests it in writing by whatever method the
			 Department deems necessary or desirable.
(b) A recommendation for approval requires
			 the affirmative vote of not less than a majority of the total membership of the
			 Commission.
(c) The Commission may
			 recommend approval, conditional approval, or substantial revision. This
			 recommendation will be forwarded to the Director, along with statements from
			 the Department and the property-owning agencies indicating agreement or
			 disagreement with the Area Plan and with the Commission's
			 recommendation.
(d) Once hearing(s)
			 have been completed, the Director will approve, conditionally approve, or deny
			 the Area Plan. Any conditions of approval should be made an integral part of
			 the Area Plan prior to its adoption. If the plan is to be approved with a
			 substantial modification not previously considered by the Commission the plan
			 must be referred to the Commission for their reconsideration and
			 recommendation.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0522 - Development Polices and Design Standards Contained in Area Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Development policies and design standards applicable to each
				Area Plan shall be included in the Area Plans. The Department shall provide
				model development policy and design standards guidelines in accordance with ORS
				276.098 and shall be included in
				the Statewide Facility Planning Process Manual.
Statutory/Other Authority: 276.098 & ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0524 - Criteria and Authority to Permit Divergence from Area Plan Design Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may grant variance from the provisions contained
				in Area Plans imposed on a particular subject property under this rule which is
				reasonably necessary to permit development of an otherwise lawful use upon the
				finding that the following criteria is met:
(1) The property and proposed improvements
			 are challenged by unusual topographic, environmental, functional, or aesthetic
			 circumstances; and
(2) The proposed
			 alternative achieves the purposes of the design standards contained in the Area
			 Plan as well or better than a compliant alternative; and
(3) There are special conditions applying to
			 the land, buildings, or use referred to in the application, which do not apply
			 generally to land, buildings, or uses in the same area, and which create
			 unreasonable hardships or practical difficulties which can be most effectively
			 relieved by a variance; and
(4) The
			 purely economic interests of the agency shall not in itself constitute such
			 special conditions. The potential for economic development of the subject
			 property itself may, however, be considered among the factors specified in this
			 section; and
(5) Granting a
			 variance will not, under the circumstances of the particular case, unreasonably
			 affect the health or safety of persons working, residing or visiting in the
			 neighborhood of the subject property; and
(6) Granting a variance will be consistent
			 with the Area Plan.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.058 &
				  276.059
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0526 - Master Plan for Development of the Capitol Mall Area

Current through Register Vol. 63, No. 7, July 1, 2024
The Master Plan for Development of the Capitol Mall Area, 1976,
				as amended on the effective date of this rule, is hereby adopted by
				reference.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0530 - Airport Road Area Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Airport Road Area Plan, 1985 is hereby adopted by
				reference.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0535 - Southeast Salem Area Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Southeast Salem Area Plan, 2008 is hereby adopted by
				reference. This Area Plan replaces the Oregon State Corrections Area Plan,
				1985.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0550 - Oregon State Fair and Exposition Center Area Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon State Fair and Exposition Center Area Plan, 2003, is
				hereby adopted by reference.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0551

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.341 &
				  276.028 -
				  276.043
Stats. Implemented: ORS
				  276.034(1)
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0555 - Oregon State Hospital and Penitentiary Properties Area Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon State Hospital and Penitentiary Properties Area
				Plan, June 2008 is hereby adopted by reference. This Area Plan replaces the
				Oregon State Hospital and Penitentiary Properties Land Use Plan, 1976, as
				amended 1983.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0565 - Oregon State School for the Deaf Area Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon State School for the Deaf Area Plan, 1984 is hereby
				adopted by reference.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 125 - STATEWIDE FACILITY PLANNING PROCESS › Section 125-125-0700 - Adoption of the DAS-Salem Coordination Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The DAS-Salem Coordination Plan Development and Management
				Policies September 19, 2008 is hereby adopted by reference.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  276.055
Statutes/Other Implemented: ORS
				  276.056
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 125-140-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Department of
				Administrative Services adopts by reference OAR 137-005-0052  as promulgated by
				the Attorney General effective as of November 13, 2018.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  36.224 & 184.340
Statutes/Other Implemented: ORS
				  36.224,
				  36.228,
				  36.230 &
				  36.232
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 125-140-0020 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Department of
				Administrative Services adopts by reference OAR 137-005-0054  as promulgated by
				the Attorney General effective as of November 13, 2018.
Statutory/Other Authority: ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.230(4)
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 150 - RISK MANAGEMENT › Section 125-150-0000 - Claims Against the State Liability Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Administrative
			 Services, Risk Management, administers the Liability Fund established by ORS
			 278.100 to cover the
			 tort liability of the state and its officers, employees, or agents acting
			 within the scope of their employment under ORS
			 30.260 to
			 30.300.
(2) An individual intending to make a claim
			 against the Liability Fund must follow the notice requirements under ORS
			 30.275,
			 as amended by Chapter 350, Oregon Laws 1981.
(3) Under ORS
			 30.275,
			 formal notice of a claim against a state officer, employee, or agent may be
			 given by mail or personal delivery to the Director of the Department of
			 Administrative Services. By this policy, the Director delegates responsibility
			 for receipt of liability claims to the Risk Management, Department of
			 Administrative Services.
(4) A
			 claimant or representative may file a claim in the following manner:
(a) Send or deliver a written statement to
			 the Risk Management, including the following information:
(A) A statement that a claim for damages will
			 be asserted against a named state agency, officer, employee, or
			 agent;
(B) A description of the
			 time, place and circumstances giving rise to the claim;
(C) The name of the claimant and the mailing
			 address to which correspondence concerning the claim may be sent. Send or
			 present the notice to: Claims Section, Risk Management, Department of
			 Administrative Services, 155 Cottage Street N.E., Salem, OR 97310.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 150 - RISK MANAGEMENT › Section 125-150-0005 - Selection of Insurance Agent of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Administrative Services
			 may appoint an Agent of Record to assist in the procurement of commercial
			 insurance and risk management consultative and/or professional
			 services.
(2) Selection of an
			 Agent(s) of Record will follow guidelines established by the Public Contracting
			 code based on; ORS 279A and 279B et. seq. as codified in OAR Chapter 125,
			 Division 247.
Statutory/Other Authority: ORS
				  278.405(4)
Statutes/Other Implemented: ORS 279A and
				  279B
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 150 - RISK MANAGEMENT › Section 125-150-0010 - Purchase of Professional Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department is authorized under ORS
			 278.405(4)
			 to purchase necessary professional services.
(2) Services will acquired following
			 guidelines established by the Public Contracting code based on; ORS 279A and
			 279B et. seq. as codified in OAR Chapter 125, Division 247.
Statutory/Other Authority: ORS
				  278.405(4)
Statutes/Other Implemented: ORS 279A and
				  279B
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are written under the authority of ORS
				283.305 through ORS
				283.395 and ORS
				278.200 through ORS
				278.215.
				These rules set standards for use, operation and access to state vehicles,
				including private vehicles in use for state business.
Statutory/Other Authority: ORS
				  184.305,
				  184.340 &
				  278.405
Statutes/Other Implemented: ORS
				  283.310,
				  283.340,
				  283.345  & 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0020 - Policy Statement and Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All agencies and drivers must comply with
			 these rules and all additional state, federal and other applicable
			 laws.
(2) It is state policy that
			 all state vehicles and vehicles used for official state business must be used
			 legally, respectfully, and safely.
(3) Per ORS
			 278.405,
			 only DAS RM has authority to assign or certify the state self-insurance status
			 of any state vehicle or state driver.
(4) Owners of private vehicles shall maintain
			 vehicle liability insurance while the private vehicles are used for official
			 state business under the authority and requirements of ORS
			 806.070 through
			 806.140.
(5) Regardless of any actions, any violation
			 of these rules may result in DAS exercising any of its rights and authorities.
			 These may include:
(a) Imposing fines and
			 withholding pay as provided in ORS
			 291.990;
(b) Conditionally restricting a driver or
			 agency from any or all access to or from certain uses or DAS Fleet Vehicles;
			 or
(c) Withholding self-insurance
			 coverage.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0100 - Agency Responsibilities and Permissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the responsibility of all agencies
			 and their drivers to follow the requirements of the law, regardless of
			 jurisdiction or authority, and these rules in all situations.
(2) Agencies must use the DAS RM Vehicle Use
			 and Access Toolkit (located on DAS RM's webpage) or a comparable process when
			 first authorizing a driver for official state business.
(3) Each state agency must have a written
			 plan, policy, or process to administer these rules. The agency, at a minimum,
			 will adopt and address in their written plan, policy, or process how they will
			 accomplish the following:
(a) Identify the
			 type of individual who may potentially drive a state vehicle (i.e., employee,
			 agent, volunteer) (see DAS RM Vehicle Use and Access Toolkit);
(b) Authorize a driver (refer to
			 125-155-0200);
(c) Determine the
			 job or work assignment accomplished by the vehicle use;
(d) Verify employee compliance with driver
			 requirements (refer to 125-155-0300); and
(e) Monitor the status of employee's driver
			 license (i.e., valid with or without restrictions, suspended,
			 revoked).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0200 - Authorized Drivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only the following persons are authorized to drive motor vehicles on official
			 state business. These drivers are authorized only if they drive in conformance
			 with these rules and meet the following conditions:
(a) Are specifically authorized by state
			 statute, including ORS
			 283.305,
			 except for (c) and (e); and
(b) Are
			 over the age of 18 years, and
(c)
			 Have a verified valid driver's license, and
(d) Are under the direction and control of a
			 state agency.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0300 - Verifying Driver Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies and drivers are responsible to
			 ensure the requirements of the law and these rules are followed in all
			 situations.
(2) Agency
			 responsibilities for ensuring driver qualifications include:
(a) Not knowingly allowing anyone who does
			 not conform to these rules to drive on official state business; and
(b) Verifying drivers' qualifications at any
			 reasonable schedule or time and by any reasonable means, including direct DMV
			 checks, review of records supplied by the driver, or accepting drivers' signed
			 statements; and
(c) Using the DAS
			 RM Vehicle Use and Access Toolkit or having a comparable policy, procedure, or
			 process when first authorizing a driver for state vehicle use or when a driver
			 license restriction or driving-related issue is discovered (see Toolkit for
			 examples); and
(d) Whenever an
			 agency learns of a change in or restriction to the license of one of its
			 authorized drivers, verifying that the driver meets the agency rule and policy
			 requirements.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0400 - Other Permitted Drivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Other permitted drivers must comply with
			 state law including the Oregon Vehicle Code.
(2) Other permitted drivers must provide
			 their own automobile insurance coverages to the limits required and defined in
			 contract, intergovernmental agreement or compact.
(3) Vehicle sales and repair contractors may
			 drive state vehicles, at their own risk and as necessary, for pick-up,
			 delivery, and test drives.
(4) An
			 agency shall not furnish a state vehicle to any other permitted driver (except
			 for other governmental entities defined under ORS
			 174.116 and
			 174.117)
			 unless a variance has been approved under OAR 125-155-0800.
(5) An agency whose official business needs
			 may include a contractor operating a state vehicle on state business must
			 request a variance of these rules as outlined in OAR 125-155-0800. DAS RM must
			 approve the variance request prior to allowing a contractor to drive any state
			 vehicle (see DAS RM Vehicle Use and Access Toolkit).
Statutory/Other Authority: ORS
				  184.305,
				  184.340 &
				  278.405
Statutes/Other Implemented: ORS
				  283.310,
				  283.340,
				  283.345  & 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0410

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.305, ORS
				  184.340 & ORS 278 .405
Stats. Implemented: ORS 283 .310, ORS 283 .340, ORS 283 .345
				  & ORS 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0420 - Passengers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies may
			 permit authorized drivers to transport people, animals, or things to the extent
			 needed to accomplish official state business. Agencies may impose
			 conditions.
(2) No authorized
			 driver may give a ride in a state-owned vehicle to anyone except as permitted
			 by these rules and necessary to accomplish official state business. Hitch
			 hikers shall not be allowed in any state vehicles or private vehicles being
			 used for state business.
(3) All
			 passengers must follow these rules and all reasonable directions of their
			 drivers.
(4) Authorized drivers
			 must obtain prior agency approval and conditions to transport the following
			 passengers in state vehicles:
(a) Guests of
			 the government;
(b) Observers or
			 ride-a-longs;
(c) Driver's or
			 passenger's aides; or
(d) Minors,
			 wards, and those who are in the custody of the state or others who are not
			 legally liable for themselves and their agreements; or
(e) Agents or volunteers.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0430

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.305, ORS
				  184.340 & ORS 278 .405
Stats. Implemented: ORS 283 .310, ORS 283 .340, ORS 283 .345
				  & ORS 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0500 - Use of State Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The law requires that "official state business" be narrowly construed. However,
			 necessary official state business use may coincide with a personal use. When
			 these uses do coincide, certain allowable activities of a personal nature may
			 occur. Allowable activities fit into one of the four categories below:
(a) Day use. Allowable activities under day
			 use include those reasonably occurring en-route such as those listed below. Day
			 use does not include travel between work and home.
(A) Purchasing food and/or eating;
(B) Taking a rest break;
(C) Using restroom facilities.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0510 - Other Vehicle Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authorized drivers of state vehicles and private vehicles solely on official
			 state business must comply with the following:
(a) Drivers transporting explosive,
			 flammable, radioactive, or other hazardous material must be aware of and comply
			 with all applicable laws. Passengers must be informed of the presence of these
			 materials in the vehicle as required by law and give their informed consent
			 prior to riding in the vehicle.
(b)
			 Drivers must require that passengers wear appropriate safety restraints at all
			 times. Drivers must require that children ride in legally required car seats.
			 Animals must be in secured carriers. Agencies may approve any lawful
			 exceptions.
(c) Drivers or their
			 passengers are not allowed to consume tobacco, marijuana, alcohol, or any other
			 illegal or intoxicating substance before or while operating or riding in a
			 vehicle on official state business.
(d) Drivers or passengers are not allowed to
			 smoke, aerosolize, vape, or use an inhalant delivery system inside state
			 vehicles.
(e) Alcohol or marijuana
			 shall not be transported in state vehicles unless required by an agency for
			 official state business and then only as permitted by law.
(f) Drivers must not transport illegal drugs
			 or contraband of any kind in vehicles except as necessary to conduct their
			 assigned duties of official state business.
(g) Drivers must not transport firearms in
			 vehicles unless required to do so by their agency under its authorization by
			 state law. An agency may permit the transport of unloaded, packaged firearms as
			 necessary for official state business.
(h) Employees may exercise rights under the
			 Oregon Concealed Carry Statute only if the agency's enabling statute allows
			 employees to be armed.
(i)
			 Specialty and off-road vehicles must not be used for official state business
			 except to the extent an agency determines that necessary official state
			 business cannot reasonably be accomplished without the use of the particular
			 private vehicle. This includes use for travel to and from duty stations, day
			 use, and overnight use.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0520

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.305, ORS
				  184.340 & ORS 278 .405
Stats. Implemented: ORS 283 .310, ORS 283 .340, ORS 283 .345
				  & ORS 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0530

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.305, ORS
				  184.340 & ORS 278 .405
Stats. Implemented: ORS 283 .310, ORS 283 .340, ORS 283 .345
				  & ORS 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.305, ORS
				  184.340 & ORS 278 .405
Stats. Implemented: ORS 283 .310, ORS 283 .340, ORS 283 .345
				  & ORS 283.395
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0600 - Insurance Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 state's self-insured coverage has been accepted by jurisdictions in the United
			 States, its possessions and territories, and Canada. Drivers must contact DAS
			 RM to arrange coverage for any state vehicles to be driven in other locales.
			 Lack of proper coverage in some countries could result in a driver being
			 personally liable for criminal fine and imprisonment, criminal defense costs,
			 and payment to the state for the confiscation of the vehicle.
(2) The state shall not insure or indemnify
			 friends or family nor insure or indemnify the state authorized driver against
			 any claims brought by friends or family. Friends and/or family members shall
			 ride at their own risk or at the personal risk of the related driver, employee,
			 or person.
(3) Coverage for the
			 state's vehicles, drivers, and loss-reporting requirements are found in DAS RM
			 self-insurance policies, ORS
			 30.260-30.300,
			 ORS 283, and ORS 278.
(a) State
			 self-insurance vehicle liability coverage is primary when an authorized driver
			 is approved to drive a state vehicle to conduct official state business and for
			 allowable activities. Personal use or personal business are not official state
			 business for the purposes of insurance coverage by the state, unless otherwise
			 authorized by these rules.
(b)
			 These vehicle rules, in conjunction with the state's self-insurance policies,
			 will be used to determine coverage of an employee using a state vehicle outside
			 the definition of official state business.
(c) The state does not pay an employee for
			 damage to the employee's personal vehicle, increased insurance rates, or
			 deductibles due to an accident occurring while on official state
			 business.
(d) When a private or
			 commercially rented vehicle is used contrary to these rules, the driver and
			 vehicle may not be covered by state insurance or self-insurance coverages. When
			 a state owned, rented, borrowed, leased, or private vehicle is used contrary to
			 these rules or state/federal law, use of the vehicle will be considered
			 personal use and the driver and vehicle may not be covered by state insurance
			 or state self-insurance coverages. The driver may be personally liable to the
			 state for the value of the use of the vehicle, any damage to the vehicle, or
			 harm to other parties or property arising out of the misuse. The driver may
			 also be subject to any other discipline or penalty of any kind provided by law,
			 contract, rule, policy, and/or guideline.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0700 - Collision and Damage Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Coverages for the state's vehicles,
			 drivers and loss reporting requirements are found in DAS RM self-insurance
			 policies, ORS chapter 30.260-30.300, and ORS chapter 278.
(2) Drivers are responsible to provide their
			 own proof of legally adequate insurance for all uses they make of private
			 vehicles and vehicles they rent for any mixture of state and personal uses. DAS
			 RM provides certificates of self-insurance coverage for rental vehicles that
			 are used exclusively for official state business.
(3) The state shall not pay an employee for
			 damage to an employee's vehicle, any insurance deductibles, or increased
			 insurance rates due to an accident occurring while on official state business.
			 Mileage reimbursements are the only amounts the state or its agencies may pay
			 to any employee for using his or her private vehicle to conduct official state
			 business. Mileage reimbursement details are found in DAS Chief Finance Office
			 Oregon Accounting Manual and ORS chapter 283.
(4) Drivers must promptly report to their
			 agency all collisions or damage occurring to any vehicle while on official
			 state business.
(a) Agencies must review each
			 report of collision or damage involving any vehicle in use on official state
			 business.
(b) The review must:
(A) Determine whether the collision or damage
			 was caused by unsafe driving techniques; and
(B) Address driver accountability;
			 and
(C) Make recommendations to
			 prevent recurrence as appropriate.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0800 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DAS
			 Administration may approve an agency's written request for a variance from any
			 of these rules.
(2) The agency, not
			 the affected driver or passenger, must submit a written request to DAS RM. DAS
			 RM will review the request and submit a written response, including
			 recommendation, to DAS Administration. DAS RM conveys DAS Administration's
			 decision in writing to the agency.
(3) DAS RM must receive variance requests at
			 least 30 days in advance of the needed effective date. The 30-day requirement
			 starts when DAS RM receives all information needed to evaluate the variance
			 request. Submittal of a variance request does not equal approval. The agency
			 must receive written approval from DAS Administration prior to initiating the
			 action that resulted in the request. (See Vehicle Use and Access Toolkit for
			 guidance.)
(4) For variances
			 related to contractors operating state vehicles, documentation must include:
(a) How the use is clearly necessary and
			 beneficial to the agency; and
(b)
			 Proof the agency has the vehicle owner's consent, of other than the agency;
			 and
(c) Documentation of the
			 contract which:
(A) Requires the contractor to
			 comply with these rules; and
(B)
			 Requires the contractor to furnish adequate primary vehicle liability and
			 property insurance; and
(C) States
			 the allowed uses of the vehicle; and
(D) Cites the exchange of value for use of
			 the vehicle; and
(E) Holds the
			 contractor liable for its safe use and return.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 155 - STATE VEHICLE USE AND ACCESS › Section 125-155-0900 - Management of State Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following sections apply only to
			 state agencies as defined in and subject to ORS
			 283.305 through
			 283.395.
(2) DAS must establish and enforce a minimum
			 mileage standard for light fleet vehicles. (See Statewide Vehicle Management
			 Policy.)
(a) DAS must develop and use a
			 method for calculating the minimum monthly mileage threshold per vehicle. The
			 Fleet Management Advisory Council must review and approve the method proposed
			 for use.
(b) As directed by DAS,
			 agencies must provide responses to an annual or biennial review of vehicle
			 usage. Agencies will be advised of the format for the information and the
			 method and timeframe for required responses, any of which may change for each
			 review period.
(c) As directed in
			 the Statewide Vehicle Management Policy, agencies must submit in writing a
			 request for exception for any light fleet vehicles that do not meet the minimum
			 monthly mileage threshold. The Fleet Management Advisory Council must develop
			 and approve exemption criteria, with the DAS Director providing final
			 approval.
(d) The DAS Director or
			 designee approves exemption requests. Vehicles that do not meet the exemption
			 criteria or are not approved for exemption are subject to reassignment or
			 sale.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 156 - SALE OF COMPRESSED NATURAL GAS › Section 125-156-0000 - Sale of Compressed Natural Gas to Private Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Administrative Services
			 (DAS) may sell Compressed Natural Gas (CNG) for vehicle fueling purposes to
			 members of the public or private entities until a CNG fueling vendor is
			 established within fifty miles of the DAS owned fueling site(s).
(2) DAS will charge a rate sufficient to
			 recover the cost of the fuel and any incidental administrative costs to provide
			 the service.
Stat. Auth.: ORS
				  283.310; 2010 OL Ch. 30,
				  Sections 13 & 14
Stats. Implemented: ORS
				  283.327
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0000 - Purpose, Applicability, and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Section 41, Article 1 of the Oregon
			 Constitution provides that injury or disease from inmate work shall be covered
			 by a corrections system inmate injury fund rather than workers compensation
			 law. These rules set procedures and benefits. They are patterned generally
			 after accidental death and disability insurance.
(2) These rules apply to injuries to inmates
			 in authorized work or training assignments of the Oregon Department of
			 Corrections.
(3) These rules apply
			 to injuries occurring on and after June 30, 1995.
Stat. Auth.: ORS
				  184.340,
				  278.405,
				  655.520 &
				  655.555
Stats. Implemented: ORS
				  655.505 -
				  655.555