reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-2300 - Applying for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of the application for certification under ORS
				285C.403(1) and
				(2):
(1) In order for a business firm to receive
			 the exemption on facility property under ORS
			 285C.409:
(a) The firm must do the following before
			 hiring new employees at the Facility Site and before commencing any physical
			 work, as described in OAR
			 123-690-4000(1)(a),
			 on property that would be subject to the exemption:
(A) Fill out the latest revision of
			 Department of Revenue Form OR-AP-CERT, 150-310-073, Oregon Enterprise Zone
			 Certification Application: Long-Term Rural Tax Incentive (available at
			 oregon.gov/dor/forms/Pages/default.aspx), as completely as the firm is capable
			 of doing;
(B) Have the form signed
			 and dated by the owner or authorized representative of the firm; and
(C) Submit a signed original of the form to
			 either the local zone manager representing the sponsor of the enterprise zone
			 or the county assessor of the county in which the Facility Site is located, and
			 an executed copy to the other.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-2400 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.403(3) to
				(7), following submission of the business
				firm's application for certification as described in OAR
				123-690-2300:
(1) The signature of the local zone manager
			 or the county assessor's office in approving the certification application is
			 invalid:
(a) After the facility has been
			 placed in service;
(b) After any
			 facility property is assessable as of January 1, even if in the process of
			 construction, reconstruction, additions, modification or installation, in that:
(A) Any such property must be exempt at that
			 point to receive any exemption at all under ORS
			 285C.409 in accordance with OAR
			 123-690-6000(2);
			 and
(B) For any property to be
			 exempt the business firm needs to be already certified;
(c) After June 30, 2032, and programmatic
			 sunset under ORS 285C.408(2)(a),
			 unless allowed under ORS
			 285C.240(8);
			 or
(d) Before any of the following
			 (unless formally reaffirmed afterwards):
(A)
			 The commitments by the firm in the application to meet requirements under ORS
			 285C.412;
(B) The relevant written agreement;
(C) Any resolution by the sponsor or a
			 cosponsor of the zone that authorizes or effects the written agreement in
			 paragraph (B) of this subsection; or
(D) The requisite resolution or resolutions
			 under ORS 285C.403(3)(a)
			 by the county and city (if applicable) in which the Facility Site is
			 located.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-3000 - Allowable Facility Operations

Current through Register Vol. 63, No. 7, July 1, 2024
With the exception of a local retail "fulfillment center" as
				defined in OAR 123-674-1000(2),
				there is no restriction on the type of business operations or activities that
				may be undertaken at a facility in terms of the business firm's certification
				or of the facility's exemption under ORS
				285C.409(1).
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285.403 &
				  285C.409
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-4000 - FACILITY CRITERIA - Minimum Investment Size

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of the required minimum investment under ORS
				285C.412(1)(a), (2)(a), (3)(a), (4)(b) or
				(5)(a) in property that is owned or leased by
				a certified business firm and located at the Facility Site:
(1) Subject to section (2) of this rule, the
			 following costs count toward the minimum investment:
(a) Construction, reconstruction,
			 modification, refurbishing, reconditioning, retrofitting, upgrading and
			 installations that commence after the application for certification, including
			 but not limited to the costs of materials, supplies, labor, building
			 contractors, engineering, physical connections to utilities, on-site
			 development or site preparation; or
(b) Property acquired or moved to the
			 Facility Site after the application for certification. (Current fair market
			 value substitutes for price if the property is not subject to a recent
			 transaction, such as leased or newly transferred property in certain
			 cases)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-4200 - Minimum Hiring

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of the minimum hiring and employment requirements
				to be met and maintained under ORS
				285C.412(1)(b), (2)(c), (3)(d), (4)(d) or
				(5)(c) by a certified business firm:
(1) Employees are persons:
(a) Working for the firm at the Facility Site
			 more than 32 hours per week in an established, year-round position (as opposed
			 to any form of averaging hours worked, such as full-time equivalency);
			 and
(b) Whom the business firm, an
			 affiliated company, or a third party fully charged with general facility
			 operations:
(A) Employs (under ORS chapter 316
			 respective to Oregon personal income tax withholding), contracts with or
			 leases; or
(B) Directs on a daily
			 basis and has significant control over personnel decisions, although an
			 independent contractor employs the person to deliver or perform specific
			 services at the Facility Site (as opposed, for example, to workers who are
			 assigned at the discretion of a vendor or contractor).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-4400 - Minimum Distance from I-5

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of the minimum distance from the Facility Site of
				a certified business firm to Interstate Highway 5 (I-5) under ORS
				285C.412(3)(b) or
				(5)(b):
(1) Measure the distance as:
(a) A straight line; and
(b) The shortest possible gap between any
			 part of the Facility Site and a point along the median of the highway,
			 regardless if that point is in this state or offers access on/off the highway.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-4600 - Minimum Average Annual Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of the minimum average annual compensation to be
				met and maintained under ORS
				285C.412(1)(c), (2)(b), (3)(c), (4)(c) or
				(5)(d) by a certified business firm:
(1) Compensation includes total calendar-year
			 remuneration that is:
(a) In the form of
			 wages, salary, bonuses, commissions, shift differential, overtime pay,
			 profit-sharing, paid vacation and so forth that comprise taxable income, as
			 well as associated fringe or financial benefits (whether taxable or not) such
			 as life insurance, medical coverage or retirement plans, but excluding:
(A) Free meals, club membership or comparable
			 workplace amenities;
(B)
			 Payroll-based tax or cost mandated by federal, state or local law, such as
			 worker's compensation or unemployment insurance or the employer's share under
			 FICA; and
(C) Gratuities or tips,
			 other than what is anyways part of taxable income for purposes of employee
			 withholding.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-5000 - ONGOING COMPLIANCE - Employment and Payroll

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The exemption of a facility under ORS
			 285C409(1) is disqualified under ORS
			 285C.420, consistent with OAR
			 150-285-3410, if:
(a) The facility fails to initially satisfy
			 any of the requirements applicable to it under ORS
			 285C.412, for which the
			 certified business firm shall also notify the assessor under ORS
			 285C.415 of any such failure
			 consistent with OAR 123-690-5200(1)(c);
(b) After initial satisfaction of the minimum
			 hiring requirement for total employment at the Facility Site in OAR
			 123-690-4200, applicable
			 employment falls to less than the minimum (on average at least) in any
			 assessment year during the remaining exemption period; or
(c) After initial satisfaction of the minimum
			 average annual compensation requirement for all facility employees according to
			 OAR 123-690-4600, in any assessment
			 year during the remaining exemption period:
(A) Such average annual compensation is less
			 than the minimum; or
(B) The
			 facility's average wage is less than 100 percent of the then Current County
			 Wage, but only if the first year of the 7 to 15-year exemption under ORS
			 285C.409(1)(c)
			 begins in or after 2018 (regardless of when the business firm applied or was
			 certified).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-5200 - Post-Certification Verification

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to certification as described in OAR
				123-690-2400 for purposes of
				qualifying for and continuing to receive exemption under ORS
				285C.409(1):
(1) A certified business firm shall submit in
			 writing to the county assessor (and to the zone sponsor, Department, or
			 Department of Revenue, as requested) understandable documentation relevant to
			 the following:
(a) The investment costs and so
			 forth of property at the Facility Site as described in OAR
			 123-690-4000(2),
			 including but not limited to the particulars of any leased property;
(b) The date on which facility property
			 subject to exemption under ORS
			 285C.409(1) is
			 fully permitted for occupancy respective to intended commercial operations or
			 is otherwise first placed in service; and
(c) The date on which and the method by which
			 each applicable requirement under ORS
			 285C.412 is initially satisfied,
			 or effectively cannot and will not be satisfied, including but not limited to
			 notice required to be sent to the county assessor under ORS
			 285C.415 as described in OAR
			 123-690-4000(4),
			 123-690-4200(3)
			 and 123-690-4600(5).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-6000 - PROPERTY TAX CONTINGENCIES - Other Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 eligible business firm may seek and receive approval for authorization under
			 ORS 285C.140 according to OAR
			 123-674, while applying for or being certified under ORS
			 285C.403, although the business
			 firm shall decide irrevocably on which program to use before seeking any
			 exemption on mutually applicable property-either under 285C.409(1)(a) and (b)
			 or under ORS 285C.170 or
			 307.330-that is in the process
			 of construction, reconstruction, additions, modifications or
			 installation.
(2) For purposes of
			 ORS 285C.409(5), a
			 certified business firm's receipt of the 7 to 15-year exemption period on
			 facility property under ORS
			 285C.409(1)(c)
			 demands that:
(a) The property has been
			 exempted under ORS 285C.409(1)(a) or
			 (b) during construction or while making
			 improvements or installations, insofar as the property existed at the Facility
			 Site on an assessment date when the facility was not yet in service;
			 and
(b) On or before any such
			 assessment date, the firm was certified under ORS
			 285C.403 in accordance with OAR
			 123-690-2400.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-6200 - Subsequent Facility Site Investments

Current through Register Vol. 63, No. 7, July 1, 2024
For property newly placed in service at the same Facility Site
				on or after the (January-1) assessment date of an ongoing exemption under ORS
				285C.409(1)(c):
(1) Any such property may also receive the
			 exemption but only for the remainder of the 7 to 15 tax years available, and
			 neither additional operations nor the introduction of such property at the
			 Facility Site shall lengthen or add to the ongoing period of exemption on
			 property at the Facility Site.
(2)
			 A certified business firm may receive another (potentially overlapping) period
			 of exemption under ORS
			 285C.409(1) on
			 such additional property constituting another facility under ORS
			 285C.400(4) at
			 the same Facility Site, but only if independent of the respective actions and
			 investments pertaining to the firm's certification or qualification for any
			 previously granted exemption, the firm again:
(a) Applies and receives approval for
			 certification;
(b) Respectively
			 undertakes additional operations at the Facility Site; and
(c) Satisfies the applicable requirements to
			 qualify for the exemption, including but not limited to the firm's having
			 submitted notice(s) under ORS
			 285C.415 to the county assessor
			 of having timely met all applicable requirements under ORS
			 285C.412.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-6400 - Multiple, Joint Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of two or more exemptions under ORS
				285C.409(1)(c)
				as provided under ORS
				285C.412(4),
				for which exempt facility property in each case is first placed in service over
				not more than four consecutive calendar years:
(1) Not only may the exemption periods start
			 in different years, but their lengths may also vary respective to each
			 agreement between the zone sponsor and certified business firm under ORS
			 285C.403(3)(c).
(2) If involving different
			 Facility Sites, including but not limited to inside the same enterprise zone,
			 the number of employees shall be determined separately subject to any base
			 number at each Facility Site, consistent with OAR
			 123-690-4200, before being
			 combined for purposes of ORS 295C.412(4)(d).
(3) If at the same Facility Site, each
			 exemption must pertain to distinct investments or operations, but a common base
			 number of employees shall be used.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285C.412
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-6900 - Property at Time of Zone Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 123-650-9500 to 123-650-9700 address treatment of facility property in an
			 enterprise zone that has terminated.
(2) If the location of a certified business
			 firm's (proposed) facility becomes part of a newly designated or amended rural
			 zone, then the firm's certification transfers directly to that zone, provided
			 that the certification was still valid consistent with OAR 123-674-9500 or
			 123-674-9600 as of the effective date of the designation or boundary
			 change.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285C.245 &
				  285C.409
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 690 - LONG-TERM RURAL ENTERPRISE ZONE INCENTIVES › Section 123-690-8500 - Revenue Distribution to Local Zone Sponsor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sponsor of an enterprise zone
			 containing exempt facility property owned by a corporation that claims the tax
			 credit under ORS 317.124 might receive funds
			 through the Department of Revenue from the Long Term Enterprise Zone Fund
			 established under ORS
			 317.127.
(2) The sponsor's receipt of such funds
			 depends on:
(a) The qualifying taxpayer's
			 being allowed to claim the credit for the corporate excise tax year;
(b) The taxpayer's making actual payment to
			 fulfill its applicable tax liability; and
(c) The depositing of such payments for
			 distribution under ORS
			 317.129 and
			 317.131 (as addressed in OAR
			 150-317-0250).
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 1 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT REGION › Section 124-001-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Eastern Oregon Economic Development Region, Board and Fund
				were established by the Oregon Legislature in 2017 through HB 2012. The purpose
				of this chapter of rules is to support, implement and define the programming
				criteria to ensure economic growth with the Region.
Statutory/Other Authority: ORS
				  284.771 -
				  284.801
Statutes/Other Implemented: ORS
				  284.771 -
				  284.801
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 1 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT REGION › Section 124-001-0020 - Eastern Oregon Border Economic Development Region

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Eastern Oregon Border Economic
			 Development Region (Region) is established to promote workforce development,
			 create or retain jobs, expand business and promote economic development with
			 Oregon communities bordering Idaho.
(2) The Region consists of the follow areas:
(a) Within 20 miles of the Oregon border with
			 the State of Idaho, including but not limited to Ontario, Vale and
			 Nyssa
(b) An area in Oregon that is
			 across the Oregon border from Weiser, Idaho;
(c) Is an area southwest of Vale for a
			 distance of 10 miles; and
(d)
			 Includes Willow Creek and Brogan.
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 5 - DEFINITIONS › Section 124-005-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Board" means
			 the Eastern Oregon Border Economic Development Board.
(2) "Department" means the Oregon Business
			 Development Department.
(3)
			 "Economic development" means development that:
(a) Relates to and supports:
(A) The economic health or recovery of the
			 region;
(B) Business enterprise and
			 activities in the region; or
(C)
			 Development or certification of regionally significant industrial sites in the
			 region;
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 10 - EASTERN OREGON BORDER BOARD ECONOMIC DEVELOPMENT FUND › Section 124-010-0010 - Eligible Applicant

Current through Register Vol. 63, No. 7, July 1, 2024
An "Eligible Applicant" includes:
(1) Local governments;
(2) Institutions of higher education defined
			 in ORS
			 348.582
(3) Private or nonprofit businesses whose
			 principal place of business or the majority of whose workforce is located in
			 the Region;
(4) Small business
			 development centers established in ORS 265B.165 to
			 285B.171;
(5) Economic development
			 organizations;
(6) School
			 districts; and
(7) Private persons
			 and public, private, and non-profit entities promoting housing, workforce, or
			 economic development within the Region.
Statutory/Other Authority: ORS
				  284.771 -
				  284.801
Statutes/Other Implemented: ORS
				  284.771 -
				  284.801
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 10 - EASTERN OREGON BORDER BOARD ECONOMIC DEVELOPMENT FUND › Section 124-010-0020 - Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
The Fund may be used to finance projects that will be used
				for:
(1) Economic development within
			 the Region in that leads to private investment in order to create and retain
			 jobs, and establish or expand businesses;
(2) Expansion of transportation
			 infrastructure to ensure traded sector goods and services can move in and out
			 of the Region.
(3) Expansion or
			 enhancement of workforce development in the region, including development and
			 improvement of residential housing necessary to attract and keep employees in
			 the region that is responsive to the Region's businesses and
			 industries.
(4) Certification of
			 regionally significant industrial sites within the Region.
(5) Due diligence assessment, or other
			 assessment and evaluations that prepare a site for development under the Oregon
			 Industrial Site Readiness Program ORS
			 285B.635 to
			 285B.640.
(6) Extension of private utilities, including
			 but not limited to gas and electrical connections, to regionally significant
			 industrial sites within the Region.
(7) Provision of support services and
			 technical assistance to entrepreneurs and business owners in the Region,
			 including but not limited to small business development centers established
			 under ORS
			 285B.165 to
			 285B.171.
Statutory/Other Authority: ORS
				  284.771 -
				  284.801
Statutes/Other Implemented: ORS
				  284.771 -
				  284.801
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 10 - EASTERN OREGON BORDER BOARD ECONOMIC DEVELOPMENT FUND › Section 124-010-0030 - Ineligible Expenditures

Current through Register Vol. 63, No. 7, July 1, 2024
The Fund may not be used to assist:
(1) The retirement or service of debt for any
			 public or private entity; and
(2)
			 Expenses incurred prior to the date of award by the Board unless otherwise
			 approved by the Board.
Statutory/Other Authority: ORS
				  284.771 -
				  284.801
Statutes/Other Implemented: ORS
				  284.771 -
				  284.801
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 10 - EASTERN OREGON BORDER BOARD ECONOMIC DEVELOPMENT FUND › Section 124-010-0040 - Application and Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications may be made to the Board for loan or grant funding for eligible
			 projects at a time and place designated by the Board after consultation with
			 the Department. Applications for a loan must include:
(a) A plan for repayment of moneys borrowed
			 plus interest;
(b) Evidence of debt
			 assurance of, or security for, repayment for the applicant; and
(c) Such other information as may be
			 requested of the applicant to evaluate creditworthiness according to industry
			 standards.
Oregon Administrative Rules › Chapter 124 - EASTERN OREGON BORDER ECONOMIC DEVELOPMENT BOARD › Division 10 - EASTERN OREGON BORDER BOARD ECONOMIC DEVELOPMENT FUND › Section 124-010-0050 - Project Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may provide financing for an eligible applicant's project within the
			 Region in the form of a grant or loan.
(2) The Board may not have any more than 10
			 open grant awards at any one time.
(3) The Board shall consider the following
			 evaluation materials provided by the Department when determining the award of a
			 grant or loan. Evaluative materials provided by the Department shall include at
			 a minimum:
(a) An evaluation of proposed
			 timelines for completion of a project for which Fund monies will be
			 used;
(b) An evaluation or whether
			 necessary development permits have been or can be obtained;
(c) A recommendation how to maximize Fund
			 monies to ensure successful completion of a project;
(d) An assessment of an applicant's ability
			 to repay a loan;
(e) A review of
			 the strengths, weaknesses and risks associated with an applicant or project;
			 and
(f) Recommendations regarding
			 terms and conditions for an approval of a grant or loan.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 1 - PROCEDURAL RULES › Section 125-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any rule, the
				Department of Administrative Services shall give notice of the intended action
				by:
(1) Publishing in the Secretary of
			 State's Bulletin, referred to in ORS
			 183.360,
			 at least 21 days prior to the effective date of the intended action.
(2) Mailing a copy of the notice to certain
			 legislators at least 49 days before the effective date of the rule. ORS
			 183.335(1)(d).
(3)
(a)
			 Mailing a copy of the notice to persons or organizations on the Department's
			 mailing list, established pursuant to ORS
			 183.335(8),
			 at least 28 days prior to the effective date of the intended action.
(b) An interested person or organization may
			 request to be placed on the Department's mailing list by submitting its request
			 in writing to the Department of Administrative Services, Agency Rules
			 Coordinator, 155 Cottage Street NE, Salem, OR 97301 or by telephoning
			 971-720-0824.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 1 - PROCEDURAL RULES › Section 125-001-0005 - Uniform and Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Department adopts
				the Attorney General's Model Rules of Procedure under the Administrative
				Procedures Act, effective October 3, 2003 to govern rulemaking and contested
				cases or equivalent proceedings by the Department of Administrative
				Services.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the agency.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0200 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide uniform administrative
				rules to streamline criminal records check processes state-wide, unless
				otherwise provided by law.
Stat. Auth.: ORS 181A.170, 181A.195, 181A.215, 184.340,
				  184.365
Stats. Implemented: ORS 181A.170, 181A.195,
				  181A.215
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authorized
			 Agency" as defined in ORS 181A.215 or described in these rules.
(2) "Conviction" means that a court of law
			 has entered a final judgment on a verdict or finding of guilty, a plea of
			 guilty, a plea of nolo contendere (no contest) or any determination of guilt
			 entered by a court of law against a subject individual (SI) in a criminal case,
			 unless that judgment has been reversed or set aside by a subsequent court
			 decision.
(3) "Credentials" means
			 activities defined in ORS 181A.215(4)(f).
(4) "Criminal Offender Information" means
			 records, including fingerprints and photographs, received, compiled and
			 disseminated by the Oregon Department of State Police (OSP), or by other
			 states, for purposes of identifying criminal offenders and alleged offenders,
			 and maintained as part of an individual's records of arrests, the nature and
			 disposition of criminal charges, sentencing, confinement, but does not include
			 the retention by OSP or records of transfer of inmates between penal
			 institutions or other correctional facilities, and release. It also includes
			 the OSP Computerized Criminal History System (see OAR 257-010-0015).
(5) "Criminal Records Check" means obtaining
			 and reviewing criminal records as required or permitted by these rules and
			 includes any or all of the following;
(a) A
			 check of criminal offender information and driving records conducted through
			 use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance
			 with the rules adopted and procedures established by OSP;
(b) A check of Oregon or other state criminal
			 offender information, including through fingerprint identification or other
			 means, conducted by OSP at the authorized agency or district's request;
			 or
(c) A nationwide check of
			 federal criminal offender information, including through fingerprint
			 identification, conducted by OSP through the Federal Bureau of Investigation
			 (FBI).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0220 - Information Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 SI may be required to provide identification and information to have a criminal
			 records check completed including, but not limited to;
(a) Legal name and aliases;
(b) Date of birth;
(c) Address and recent residency information;
(d) Driver license or
			 identification card information;
(e) Type of work or service being performed;
(f) Disclosure of criminal
			 history; all arrests, charges, convictions and offenses.
(g) Social Security number, optional only,
			 used solely for the purpose of positively identifying the SI during the
			 criminal records check process.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0230 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  184.340,
				  184.365.
Stats. Implemented: ORS
				  181.534(9).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  184.340,
				  184.365.
Stats. Implemented: ORS
				  181.534(9).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0250 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized agency or district may
			 conduct a preliminary fitness determination if the agency, district or
			 qualified entity is hiring or appointing an SI on a preliminary basis, pending
			 a final fitness determination.
(2)
			 The authorized agency or district shall make a preliminary fitness
			 determination about an SI based on information disclosed by the SI and a LEDS
			 criminal records check pursuant to each authorized agency, district or
			 qualified entity's governing statutes.
(3) An SI hired or appointed on a preliminary
			 basis under this rule may participate in training, orientation, or work
			 activities as assigned by the authorized agency, district or qualified
			 entity.
Stat. Auth.: ORS 181A.170, 181A.195, 181A.215, 184.340,
				  184.365
Stats. Implemented: ORS 181A.170, 181A.195,
				  181A.215
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0260 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided by law, the
			 authorized agency or district shall consider factors pursuant to ORS
			 181A.195(10)(d) in relation to information provided by the SI, including any
			 criminal offender information, as defined in OAR 125-007-0210, obtained through
			 a criminal records check and other information known by the agency or
			 district.
(2) Upon completion of
			 the fitness determination, one of the following outcomes shall be made and
			 written notification shall be provided to the SI indicating the outcome when
			 appeal rights are afforded or when a fitness determination is not completed;
(a) Approval.
(A) The SI is approved to work, obtain or
			 retain credentials, have direct access, or otherwise provide services to
			 individuals defined in OAR 125-007-0210.
(B) An approved outcome does not guarantee
			 employment, obtaining or retaining credentials, or the ability to have direct
			 access, or otherwise provide services, to individuals defined in OAR
			 125-007-0210.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0270 - Crimes Considered

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 conviction of any of the following crimes or offenses is potentially
			 disqualifying, unless otherwise provided by law.
(a) All felonies.
(b) All misdemeanors.
(c) Any U.S. military crime or international
			 crime.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  184.340,
				  184.365.
Stats. Implemented: ORS
				  181.534(9).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0290 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  184.340,
				  184.365.
Stats. Implemented: ORS
				  181.534(9).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0310 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criminal offender information obtained in
			 the criminal records check is confidential. The authorized agency, district or
			 qualified entity must restrict the dissemination of information obtained in the
			 criminal records check. Only those persons, as identified by the authorized
			 agency, with a demonstrated and legitimate need to know the information, may
			 have access to criminal records check records.
(2) Sharing information. Final fitness
			 determination results may be shared pursuant to ORS
			 181A.195(10)(c)(A).
Stat. Auth.: ORS 181A.170, 181A.195, 181A.215, 184.340,
				  184.365
Stats. Implemented: ORS 181A.170, 181A.195,
				  181A.215
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0320 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  184.340,
				  184.365.
Stats. Implemented: ORS
				  181.534(9).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0330 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Authorized agencies or districts shall develop policies or
				administrative rules, based on statutory authority, to charge fees for criminal
				records checks.
Stat. Auth.: ORS 181A.170, 181A.195, 181A.215, 184.340,
				  184.365
Stats. Implemented: ORS 181A.170, 181A.195,
				  181A.215
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 10 - PUBLIC CONTRACT REVIEW SERVICES AND FEES › Section 125-010-0005 - Contract Review Board Services to Local Public Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Administrative
			 Services, hereafter referred to as "Department", is authorized by ORS
			 190.240,
			 279.055 and Chapter 690 Oregon
			 Laws 1983 to contract with Oregon public agencies to function as their contract
			 review board. In this capacity, the Department will be responsible for adopting
			 and administering rules governing public contracting, considering requests for
			 exemptions from public contracting requirements, and hearing appeals from
			 disqualification decisions of the local public agency, pursuant to ORS 279 .043
			 and 279.045.
(2) A local public agency should direct its
			 formal written request for services from its governing body to: Director,
			 Department of Administrative Services, c/o Administrator, Transportation,
			 Purchasing and Print Services Division, 1225 Ferry Street S.E., Salem, Oregon
			 97310.
(3) Upon receipt of such
			 written request, the Department shall forward for signature to the local public
			 agency an intergovernmental agreement on a form prescribed by the Department.
			 No services shall be provided by the Department without a signed
			 intergovernmental agreement.
(4)
			 The provision of contract review board functions by the Department shall be
			 subject to the total of the following charges for service:
(a) Annual Maintenance Charge - $300 includes
			 responding to telephone inquiries and explaining Department rules, providing
			 copies of current administrative rules and other required forms;
(b) Individual exemption requests will be
			 charged according to the following: The hourly rate charged to the local public
			 agency for the Attorney General's services will be the same hourly rate charged
			 to the Department by the Attorney General. In addition, the hourly rate charged
			 to the local public agency by the Department for review of exemption requests
			 will be 90% of the standard hourly rate charged by the Attorney General;
			 and
(c) Legal expenses incurred for
			 any investigations, appeal hearings or suits will be charged based on actual
			 costs. Legal fees may be subject to award to the prevailing party.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 15 - PAYROLL ADMINISTRATION › Section 125-015-0200 - Electronic Deposit and Electronic Itemized Statements of Net Salary and Wages

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Effective November 29, 2013 Electronic payment of net salary and wages and
			 electronic statements of payroll deductions is the standard for all officers
			 and employees of the state.
(2)
			 All officers and employees paid under the state payroll system shall receive
			 payment of net salary and wages one of three ways:
(a) through electronic payment by direct
			 deposit via Automated Clearing House (ACH) to a checking and/or savings
			 account(s) that is located in a financial institution in the United States; or
(b) through electronic payment by
			 direct deposit via ACH to a reloadable state offered prepaid card; or a
			 reloadable prepaid card provided by the officer or employee: or
(c) payment of net salary and wages by paper
			 check.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 20 - ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES › Section 125-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to all Oregon
				Administrative Rules contained in OAR chapter 125, division 20, unless the
				context requires otherwise:
(1)
			 "Custodian" refers to a public body mandated, directly or indirectly, to
			 create, maintain, care for or control a public record. "Custodian" does not
			 include a public body that has custody of a public record as an agent of
			 another public body that is the custodian, unless the public record is not
			 otherwise available.
(2)
			 "Department" refers to the Oregon Department of Administrative Services.
(3) "Designee" refers to any
			 officer or employee of the Department, appointed by the Director to respond to
			 requests for public records of the Department of Administrative Services.
(4) "Director" refers to the
			 Director of the Department of Administrative Services.
(5) "Division" refers to an organizational
			 component or operating unit of the Department of Administrative Services.
(6) "Duplication or Duplicating"
			 refers to the process of reproducing a public record or writing in any format.
(7) "Person" includes any natural
			 person, corporation, partnership, firm or association.
(8) "Photocopy(ing)" includes a photograph,
			 microphotograph and any other reproduction on paper or film in any scale, or
			 the process of reproducing, in the form of a photocopy, a public record or
			 writing.
(9) "Public body"
			 includes every state officer, agency, department, division, bureau, board and
			 commission; every county and city governing body, school district, municipal
			 corporation, and any board, department, commission, council, or agency thereof;
			 and any other public agency of this state.
(10) "Public record or writing" includes a
			 document, book, paper, photograph, file, sound recording, machine readable
			 electronic record or other material regardless of physical form or
			 characteristics, made, received, filed or recorded in pursuance of law or in
			 connection with the transaction of public business, whether or not confidential
			 or restricted in use.
(11)
			 "Requestor" refers to the person requesting inspection, copies, or other
			 reproduction of a public record of the Department.
Stat. Auth.: ORS
				  184.340 &
				  192.430
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 20 - ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES › Section 125-020-0020 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrative Rules set forth in Chapter 125, Division 20
				shall apply to all public records for which the Department is custodian, except
				as otherwise administered under OAR 105-010-0011  and 105-010-0016  of the
				Department's Human Resource Services Division.
Stat. Auth.: ORS
				  184.340 &
				  192.430
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 20 - ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES › Section 125-020-0030 - Access to Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
The Director or designee, in carrying out responsibilities of
				ORS 192.430, as custodian of public
				records:
(1) Shall allow access to
			 and disclosure of the public records subject to ORS
			 192.410 to
			 192.505.
(2) Shall make restrictions and take
			 precautions necessary to protect the integrity of the records and prevent
			 interference with the regular discharge of the Department's duties; and
(3) Shall allow for inspection of
			 the Department's public records during normal working days and hours at the
			 location which the records reside, or any other reasonable location designated
			 by the Director or designee.
Stat. Auth.: ORS
				  184.340 &
				  192.430
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 20 - ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES › Section 125-020-0040 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or obtain copies of
			 a public record of the Department shall be made in writing to the Director, and
			 shall include:
(a) The name, address and
			 telephone number of the requestor;
(b) Identification of the records from which
			 information is requested, if known.
(c) The time period the records were produced
			 and officials involved in producing the records or other relevant information,
			 if known;
(d) The format in which
			 the information is needed (i.e. photocopies, audio or video cassette, machine
			 readable, or electronic format, etc.);
(e) The number of copies needed, if copies
			 are requested; and
(f) Instruction
			 to the Department to certify copies, if necessary.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 20 - ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES › Section 125-020-0050 - Fees for Public Records and Other Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will establish fees and
			 miscellaneous charges, for providing access to or copies of public records in
			 paper, electronic, or other format, based on the Department's actual costs of
			 preparing and providing the records. Costs associated with a request for public
			 records may include per page copy and facsimile fees, postage when applicable,
			 staff time to locate, review, remove information exempt from disclosure, and/or
			 transfer the material to a requested electronic or other necessary format
			 appropriate for releasing the public record(s).
(2) No additional fee will be charged for
			 providing records in an alternative format when required by the Americans with
			 Disabilities Act.
(3) The Director
			 or designee may reduce or waive fees when:
(a) Time spent making the records available
			 for inspection or preparation for photocopying was negligible; or
(b) Supplying the requested records is within
			 the normal scope of Department activity; or
(c) Payment would cause extreme or undue
			 financial hardship upon the requestor; or
(d) Making the record available primarily
			 benefits the general public.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0006 - Annual Charitable Fund Drive Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Annual Charitable Fund
			 Drive Program is to:
(a) Provide a wide range
			 of choices for state employees and retirees from state service who wish to give
			 to charitable organizations and support Oregon communities;
(b) Encourage volunteer leadership;
(c) Consolidate charitable
			 solicitation and minimize work-place disruption;
(d) Minimize cost to government and
			 charitable organizations in charitable solicitation efforts;
(e) Ensure funds are solicited by qualified
			 funds or federations;
(f) Ensure
			 solicitation is conducted in a voluntary atmosphere.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0016 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 125-030-0000 through 125-030-0090:
(1) "Charitable Organization" means either:
(a) A nonprofit organization that is recognized as a 501(c)(3) organization under the Internal Revenue Code and is registered as a charitable organization with the Attorney General as required by ORS 128.610 to 128.995; or
(b) A state-created nonprofit fund that receives donations, which may be deducted from taxable income as "charitable contributions" under Section  170(a) and (c) of the Internal Revenue Code.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0021 - Charitable Fund Drive Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Charitable Fund Drive Committee shall
			 be composed of seven members, all of whom must be employees of the State of
			 Oregon.
(2) The Director shall
			 appoint members who:
(a) Reflect the
			 diversity of employees including, but not limited to, geography, race, gender,
			 age, chosen profession, disability, and agency affiliation;
(b) Have skills in the following areas:
(A) Marketing;
(B) Fund raising;
(C) Organizational skills;
(D) Accounting; and
(E) Payroll.