reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0031 - Quorum

Current through Register Vol. 63, No. 7, July 1, 2024
A majority of the members of the Charitable Fund Drive
				Committee constitutes a quorum for the transaction of business.
Stat. Auth.: ORS
				  184.340,
				  292.045 &
				  184.305
Stats. Implemented: ORS
				  292.043 &
				  292.045
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0041 - Participation Requirements for Charitable Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To participate in the Annual Charitable
			 Fund Drive, each organization claiming to be a charitable organization must
			 participate as a member of an eligible fund or federation and must satisfy each
			 of the following requirements:
(a) The
			 organization must meet the definition of "charitable organization" in OAR
			 125-030-0010;
(b) The organization
			 must have a "local presence" as defined in OAR 125-030-0010;
(c) The organization must have an Internal
			 Revenue Service determination letter or advance ruling indicating that it is an
			 exempt organization under Internal Revenue Code Section 501(c)(3), if
			 applicable; and;
(d) The
			 organization must comply with the relevant provisions of ORS
			 128.610 to
			 128.995 concerning registration
			 with and reporting to the Attorney General, if required.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0051 - Participation Requirements for Funds and Federations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To participate in the Annual Charitable
			 Fund Drive, each fund or federation must satisfy each of the following
			 requirements:
(a) The organization must meet
			 the definition of "charitable organization" in OAR 125-030-0010;
(b) The organization must meet the definition
			 of a "fund" or "federation" in OAR 125-030-0010;
(c) The organization must have a "local
			 presence" as defined in OAR 125-030-0010;
(d) The organization must have an Internal
			 Revenue Service determination letter or advance ruling indicating that it is an
			 exempt organization under Internal Revenue Code Section 501(c)(3), if
			 applicable;
(e) The organization
			 must comply with the relevant provisions of ORS
			 128.610 to
			 128.995 concerning registration
			 with and reporting to the Attorney General, if required;
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0061 - Charitable Fund Drive Management Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Charitable Fund Drive Committee will
			 select a person or organization as the Charitable Fund Drive Management
			 Organization through an open competitive process.
(2) The selection process will consider cost,
			 experience, and ability to conduct a statewide fund drive.
Stat. Auth.: ORS
				  184.340,
				  292.045 &
				  184.305
Stats. Implemented: ORS
				  292.043 &
				  292.045
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0071 - Charitable Fund Drive Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is the responsibility of the Charitable Fund Drive Committee to allocate the
			 costs of the fund drive to each participating fund and federation. The
			 Charitable Fund Drive Committee will consider such factors as the contributions
			 received by each fund and federation, the exposure of each fund and federation
			 to the employee base, and fixed costs.
(2) Participating funds and federations shall
			 sign a memorandum of agreement with the Charitable Fund Drive Committee and the
			 Charitable Fund Drive Management Organization to develop a cooperative fund
			 drive and pay all costs of the fund drive. Such costs include, but are not
			 limited to, costs incurred for the overall management and coordination of the
			 Annual Charitable Fund Drive; design and printing of brochures and payroll
			 deduction forms; training provided to employee volunteers; promotional events;
			 and any other expenditure deemed necessary and approved by the Charitable Fund
			 Drive Committee.
(3) The
			 Charitable Fund Drive Committee is committed to keeping administrative costs
			 reasonable. Charitable Fund Drive costs are ideally held to less than 10% of
			 total donations per campaign; because donations are not known at the time the
			 campaign budget is set and because donation levels fluctuate, the total
			 campaign budget shall not exceed 12% of the prior year's total donations.
(4) Interest accrued on employee
			 and retiree donations may be used by the Charitable Fund Drive Committee to
			 offset fund drive costs, including bank transaction fees.
Stat. Auth.: ORS
				  184.340,
				  292.045 &
				  184.305
Stats. Implemented: ORS
				  292.043 &
				  292.045
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0083 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funds and
			 federations may appeal:
(a) Denial of
			 participation;
(b) Removal from
			 participation; and
(c) Actions of
			 the Charitable Fund Drive Committee with respect to the Committee's policies
			 and procedures.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 30 - ANNUAL CHARITABLE FUND DRIVE PROGRAM › Section 125-030-0090 - Designation of Direct Recipients

Current through Register Vol. 63, No. 7, July 1, 2024
Funds and federations shall allow state employees and retirees
				to designate any affiliated charitable organization eligible to participate in
				the Annual Charitable Fund Drive as the direct recipient of an employee's or
				retiree's contribution.
Stat. Auth.: ORS
				  184.340,
				  292.045 &
				  184.305
Stats. Implemented: ORS
				  292.043 &
				  292.045
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0005 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Administrative Services, State of Oregon, is
				authorized by ORS 279.820 to acquire, warehouse
				and distribute federal surplus property from the Government of the United
				States or any surplus property disposal agency thereof (all such property is
				hereinafter referred to as "Federal surplus property") to all eligible donees
				in the state and to enter into cooperative agreements pursuant to the
				provisions of
41 CFR Ch. 101-44.206.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 279 & ORS 283
Stats. Implemented:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0010 - Designation of the State Agency

Current through Register Vol. 63, No. 7, July 1, 2024
The plan, as required in
FPMR 101-44.202
shall be
				administered by the Transportation, Purchasing and Print Services Division,
				Department of Administrative Services, Surplus Property Section, hereafter
				referred to as the State Agency for Surplus Property (SASP). The SASP reports
				directly to the Administrator, Transportation, Purchasing and Print Services
				Division. The SASP has complete responsibility and authority to carry out the
				requirements of acquiring, warehousing and distributing Federal surplus
				property in the State of Oregon pursuant to the provisions of the
Federal
				Property and Administrative Services Act of 1949
, as amended. SASP's
				staffing, structure, and status are shown in (
Exhibit 1
); physical
				facilities are described in (
Exhibit 2
).
The Exhibits referenced in this rule are not printed in the
				  OAR Compilation. Copies are available from the agency. The publication(s)
				  referred to or incorporated by reference in this rule are also available from
				  the agency
Stat. Auth.: ORS 279 & ORS 283
Stats. Implemented:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0015 - Inventory Controls and Accounting Systems

Current through Register Vol. 63, No. 7, July 1, 2024
The following shall be the responsibility of the SASP when
				acquiring Federal surplus property for the distribution center inventory and
				reallocating it to donees:
(1)
			 Inventory Controls:
(a)
(A) Immediately upon receipt, Federal surplus
			 property shall be moved into a receiving area for check in. If personnel are
			 not immediately available, the property shall be held in a protected area until
			 it can be received.
(B) Shipping
			 documents and the applicable SF-123 and its attachments shall be used to check
			 and identify the property;
(C)
			 Overage and shortage reports, and supplemental SF-123's, shall be prepared in
			 accordance with the requirements of
Federal Property Management
			 Regulations (FPMR) 101-44.115
and mailed to the appropriate General
			 Services Administration regional office. Upon verifying the description,
			 condition, and quantity, of the Federal surplus property, a stock tag
			 containing the following data shall be prepared and attached to each item to
			 identify it as follows:
(i) Oregon List
			 number;
(ii) Item number;
(iii) Unit acquisition cost;
(iv) Description, including serial number, if
			 applicable;
(v) Unit of
			 measure;
(vi) Unit service and
			 handling charge.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0020 - Return of Donated Property by Donee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a determination has been made that
			 federal surplus property has not been put to use by a donee within one year
			 from the date of receipt of the property or the donee has not used the property
			 for one year thereafter under the terms and conditions of eligibility, and if
			 the Federal surplus property is determined to still be usable, the donee must:
(a) Return the property at the donee's own
			 expense to the SASP distribution center. Property retuned by a donee shall be
			 received into inventory stock control for reissuance to other donees;
			 or
(b) Transfer the property to
			 another eligible donee as directed by the SASP; or,
(c) Make such other disposal of the property
			 as the SASP may direct.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0025 - Financing and Service Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS 279 .822 authorizes the use of the
			 Department of Administrative Services Operating Fund (the Fund) to finance the
			 acquisition and distribution of Federal surplus property. The Fund is
			 maintained by the collection of service and handling charges from property
			 donations to the donees of the Federal Surplus property.
(2) The service charge is based on the
			 pro-rated expenses incurred annually by the SASP including but not limited to
			 the following major cost areas: personnel, transportation, utilities, fuels,
			 telephone, warehousing, storage, compliance, insurance, printing, supplies and
			 travel. Service charges shall be assessed at a rate designed to cover all
			 direct and indirect costs involved in acquiring and distributing Federal
			 surplus property.
(3) The service
			 charges shall be fair and equitable in relation to the service performed.
			 Emphasis shall be placed on keeping the service charge to a minimum but at the
			 same time providing the necessary service and funds to operate the SASP on a
			 sound financial basis. Other factors considered in applying service charges
			 are; original acquisition cost, present value, screening cost, quantity,
			 condition, desirability of the property, transportation cost, loading and
			 unloading cost, packing and crating, administrative costs, repair and
			 rehabilitation, utilization and compliance.
(4) Service charges for Federal surplus
			 property are determined by the expenses and factors listed in sections (2) and
			 (3) of this rule. When the Fund's balance is determined by SASP to be either
			 insufficient or excessive, service changes shall be adjusted accordingly.
(a) The maximum service charge per item of
			 property shall not exceed $15,000;
(b) If a donee screens and arranges delivery
			 of Federal surplus property, the service charge assessed to the donee shall be
			 4% of acquisition value for miscellaneous items, and 6% for licensed vehicles,
			 boats, and heavy equipment, or property requiring an 18 month restriction
			 period;
(c) If the SASP screens and
			 arranges delivery of Federal surplus property to a donee, the service charge
			 shall be 4% of acquisition value for miscellaneous items, and 7% for licensed
			 vehicles, boats, and heavy equipment, or property requiring an 18 month
			 restriction period;
(d) If the
			 Federal surplus property is handled at SASP's distribution center, the
			 following service charge schedule shall be used:
(A) Acquisition Cost $0 - $5,000, Percent
			 Charge 0 - 30%
(B) Acquisition Cost
			 $5,001 - $20,000, Percent Charge 0 - 25%
(C) Acquisition Cost Above $20,000, Percent
			 Charge 0 - 15%
(e)
			 Federal surplus property made available to eligible nonprofit providers of
			 assistance to homeless individuals shall be distributed at a nominal cost for
			 care and handling of the property.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0035 - Non-Utilized Donated Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All Federal surplus property in the possession of the SASP for 18 months, which
			 cannot be utilized by eligible donees, shall be reported to the General
			 Services Administration for disposal authorization in accordance with
FPMR 101-44.205
. In accordance with this regulation SASP shall:
(a) Transfer the property to another state
			 agency or federal agency; or
(b)
			 Sell the property by public sale; or,
(c) Abandon or destroy the
			 property.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0040 - Fair and Equitable Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
The SASP shall make Federal surplus property available to
				eligible donees in the state on a fair and equitable basis.
(1)
(a) The
			 distribution of Federal surplus property shall be based on the SASP's
			 determination of relative needs, resources and ability to utilize the property.
			 Factors to be considered in determining relative needs of the donee program:
(A) Size and type of program conducted by
			 each prospective donee;
(B)
			 Contemplated use and frequency of use by each prospective donee;
(C) Economic condition of the prospective
			 donee activity or institution;
(D)
			 The prospective donee's critical or urgent need for the property;
(E) Interest in and expression of need for
			 the available property by the donee;
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0045 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The SASP shall contact and instruct all
			 known potential donees in the state on the procedures to follow in establishing
			 their eligibility to participate in the Federal surplus property
			 program;
(b) In establishing a list
			 of the potential donees, the SASP shall use the standards and guidelines set
			 forth in
FPMR 101-44.207
as well as the following sources:
(A) Public Agencies:
(i) Listings of cities and towns;
(ii) Listings of counties, state departments,
			 divisions, councils, commissions, institutions, including the legislative and
			 judicial branches of state government, etc.;
(iii) Listings of local departments,
			 divisions, commissions, councils, etc.
(B) Non-profit, Tax-exempt Units:
(i) State departments and others for listing
			 of all local units approved or licensed by them;
(ii) Existing listings of units now eligible
			 to participate in the Federal surplus property program;
(iii) Inquiries, letters, telephone calls,
			 etc., received relative to eligibility.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0050 - Compliance and Utilization

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Separate warehouse property issue and invoice documents shall be prepared for
			 each item of Federal surplus property with an acquisition cost of $5,000 or
			 more and for all passenger motor vehicles. An additional statement,
			 establishing property utilization standards, shall be printed on the face of
			 the property issue and invoice document advising the donee that this item of
			 Federal surplus property must be placed in use within one year of acquisition
			 and used continuously for a period of 18 months thereafter.
(2) Passenger motor vehicles, and other motor
			 vehicles required to be licensed by the Oregon Department of Transportation's
			 Driver and Motor Vehicle Services shall be licensed, and filed with the SASP
			 shown as the security interest holder. When the vehicle has been utilized in
			 accordance with the terms and conditions of transfer, and when 18 months of use
			 have expired, the SASP shall release the title to the donee.
(3) At least once during the period of
			 restriction, SASP personnel, or a designated representative, shall review all
			 passenger motor vehicles and issued items with an original acquisition value of
			 $5,000 or more to determine that these items are being utilized in accordance
			 with the purpose for which acquired. Review shall consist of a minimum of 5% on
			 site physical inspections and written certification of property utilization by
			 donee.
(4) During the physical
			 review, a SASP representative shall ascertain whether the donee is complying
			 with any special handling conditions or use limitations imposed on items of
			 property by General Services Administration in accordance with
FPMR
			 101-44.108
. The review shall include a survey of donee compliance with
			 the statutory requirements that all items of property acquired by the donee
			 have been placed into use within one year of acquisition and used for one year
			 thereafter. Written reports on utilization and compliance reviews shall be made
			 and placed on file.
(5) Whenever
			 there is any indication of misuse, noncompliance, or alleged fraud, the SASP
			 shall initiate the appropriate level of investigation of the allegations,
			 including a report to the FBI when appropriate. The General Services
			 Administration shall be notified of all cases including misuse, noncompliance,
			 or alleged fraud. The State Agency for Surplus Property shall take necessary
			 actions to assist General Services Administration and other Federal and State
			 agencies in investigating such cases.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0055 - Consultation with Advisory Bodies and Private Groups

Current through Register Vol. 63, No. 7, July 1, 2024
The State Agency for Surplus Property shall establish an
				Advisory Board that represents both public and non-profit donee agencies,
				institutions, and organizations and that is comprised of donee representatives
				from various geographic locations throughout the state. The manager of the
				Federal Surplus Property Program shall act as chairperson. The Board shall meet
				annually or at the discretion of the chairperson. The membership may fluctuate
				to fully meet the interests of eligible donees in the state. The minutes of the
				meeting shall be used to report on the donation program to the groups
				concerned, and the board shall solicit expressions of need and interest from
				eligible donees so that the SASP and General Services Administration may be
				advised of such requirements, including requirements for special items of
				property.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0060 - Audit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Secretary of
			 State's Audit Division review shall be performed in accordance with the
			 external audit requirements of the Office of Management and Budget Circular No.
			 A-128 "Audits of State and Local Governments". Two copies of this audit report
			 made pursuant to this Circular shall be provided to the appropriate General
			 Services Administration regional office. This review shall cover the
			 conformance of the state agency with the state plan of operation and the
			 requirements of
41 CFR 101-44
.
(2) General Services Administration
			 representatives may review SASP operations periodically, and may for
			 appropriate reasons, conduct their own audit of the SASP following due notice
			 to the Governor of the reasons for such audit. Financial records and all other
			 books and records of the SASP shall be made available to all authorized Federal
			 activities.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0065 - Cooperative Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Department of Administrative Services is authorized, pursuant to
			 statute, to enter into cooperative agreements with the Administrator of General
			 Services Administration for the use of property, facilities, personnel and
			 services. Such agreements may or may not require payment or reimbursement for
			 use by the SASP of any surplus personal property in its possession, subject to
			 conditions imposed by the General Services Administration. It is the desire of
			 the SASP to continue, renew, or enter into such agreements authorized under
Section 203(n) of the Act, 40 USC para 471, et seq
.
(2) Periodically, internal audits shall be
			 performed on the operations and financial affairs of the SASP. External audits
			 will meet the requirements of the Office of Management and Budget Circular
			 A-128 "Audits of State and Local Governments." The state and SASP will provide
			 GSA two copies of any audit report made pursuant to the circular, or with
			 copies of the sections pertaining to the Federal Donation Program. An outline
			 of the necessary corrective action the SASP will take to comply with scheduled
			 completion dates shall be submitted with the audit report. General Services
			 Administration may conduct their own audit of the SASP following due notice to
			 the chief executive officer of the state of the reasons for such audit.
			 Financial records and all other books and records shall be made available by
			 the SASP for inspection by General Services Administration, the General
			 Accounting Office or other authorized Federal activities.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0070 - Liquidation

Current through Register Vol. 63, No. 7, July 1, 2024
Should a determination be made to abolish or liquidate the
				SASP, advance notice shall be given to General Services Administration, in
				accordance with the specific requirements of
FPMR
				101-44.202(c)(14)
, with the reason for abolition or liquidation;
				schedule of time to effect the closure; and report to General Services
				Administration of the Federal surplus property on hand for retransfer,
				destruction or sale. Physical assets shall be converted to cash, and all cash
				assets shall be returned to the participating donees in accordance with, and
				except as otherwise provided or allowed in, ORS 279 .822(3). Records and
				accounting information shall be retained for two years after
				closure.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 35 - FEDERAL SURPLUS PROPERTY › Section 125-035-0075 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of SF-123 allocations, warehouse property issue and
				invoice documents, log books, and all other official records of the SASP shall
				be maintained for not less than three years. Documents concerning items of
				Federal surplus property subject to restriction for more than two years shall
				be maintained for one year beyond the expiration of the restriction period.
				Whenever Federal surplus property is in noncompliance status, records shall be
				maintained for one year after the case is closed.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 40 - MAIL/DELIVERY SERVICES › Section 125-040-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this chapter unless the context requires
				otherwise:
(1) "Department" means the
			 Oregon Department of Administrative Services.
(2) "Interagency Mail" means:
(a) Mail that is not legally required to bear
			 United States Postage; and
(b)
			 Originates from persons employed in some capacity by a state agency;
			 and
(c) Concerns official business
			 of a state agency; and
(d) Is
			 addressed between state offices, facilities, or agencies.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 40 - MAIL/DELIVERY SERVICES › Section 125-040-0005 - Mail Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Customers. The Department of Administrative Services provides pick up and
			 delivery of U.S. mail, and interagency mail and parcels for state agencies, as
			 defined in ORS 291.002. These services may be
			 extended to local governments by intergovernmental agreement. Private persons
			 and organizations may not use interagency mail and parcel delivery
			 services.
(2) Private mail:
(a) In compliance with U.S. Postal Service
			 regulations, the department will not accept and deliver mail from private
			 persons and organizations unless the mail carries cancelled U.S. Postal Service
			 postage;
(b) Private mail that does
			 not have cancelled U.S. postage will be stamped "Return for Postage" and sent
			 to the United States Post Office. For example, mail delivered by a professional
			 association for direct distribution to state agency employees will be refused
			 without cancelled U.S. postage;
(c)
			 Items submitted for interagency mail service may be opened and inspected except
			 for sealed letters. The department reserves the right to refuse any item
			 submitted to the state mail system. Items which may be refused include
			 hazardous toxins, biomedical material, disease germs, explosives, personal
			 mail, negotiable instruments such as bonds, cash, bank deposits or bearer
			 instruments, and mail generated by private organizations without indication of
			 cancelled U.S. postage;
(d) Notice
			 of the department's interagency mail practices will be posted in state mail
			 rooms and pick up and delivery points. Posters are available from the
			 Department of Administrative Services, Services Division, State Mail
			 Operations, 550 Airport Road S.E., Salem, OR 97310-1543. Telephone
			 378-4708.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 40 - MAIL/DELIVERY SERVICES › Section 125-040-0010 - Delivery Disclaimer

Current through Register Vol. 63, No. 7, July 1, 2024
The department is not responsible for timely delivery of time
				critical mail. Mail senders assume all risk of delay, loss or destruction of
				mail submitted to the state mail system.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are adopted under the authority of ORS 184.340,
				270.015 and 270.100 to 270.190 and establish the process for agencies to
				acquire and to sell, transfer, exchange or otherwise dispose of interests in
				real property. These rules also establish procedures for the operation of the
				Public Lands Advisory Committee (PLAC); collection of funds for the support of
				the Statewide Lands Inventory System (SLIS) and PLAC; and the management and
				operation of the Statewide Lands Inventory System (SLIS).
Stat. Auth.: ORS 184.340, 270.015 & 270.100 -
				  270.190
Stats. Implemented: ORS 244.010 &
				  270.010
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0210 - Alternative Rules for Acquisitions and Terminal Dispositions by State Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules apply to all Agencies seeking the Acquisition or Terminal
			 Disposition of a Real Property Interest, with the exception of:
(a) The Department of Veterans' Affairs in
			 any transaction for the acquisition or sale, or both, by the Director of
			 Veterans' Affairs of a home or farm under ORS
			 88.720,
			 273.388,
			 406.050,
			 407.135,
			 407.145,
			 407.375 and
			 407.377; and
(b) Any other Agency subject to
			 constitutional or statutory authority that supersede all or some of these
			 rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0215 - Appraisal and Determination of Value of Real Property Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except when the
			 transaction is an Interagency Transaction, or a transaction with the United
			 States Government, the Transacting Agency must determine the value of a Real
			 Property Interest via Appraisal. When transaction is an Interagency
			 Transaction, or a transaction with the United States Government, the
			 Transacting Agency and the other party to the transaction may determine the
			 value as they deem appropriate.
(2)
			 If the Real Property Interest has an estimated fair market value of less than
			 $100,000, a Broker Opinion of Value from a licensed real estate professional
			 may substitute for an Appraisal.
(3) If the estimated fair market value of the
			 Real Property Interest is $100,000 or more, the Administrator:
(a) Must either select or approve the
			 selection of an appraiser by the Disposing Agency; and
(b) Must refer the transaction to the PLAC
			 for review and recommendation.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0220 - Acquisition of Real Property Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for Exempt Acquiring Agencies,
			 before an Agency offers to acquire a Real Property Interest, it shall first
			 declare to the Division in writing its intent to acquire the Interest. The
			 written declaration must include the following information:
(a) A detailed description of the Real
			 Property Interest sought to be acquired, including its approximate size in
			 square feet or acreage;
(b) Any
			 particular requirements of the Agency that the Interest must satisfy;
(c) A description of the general or specific
			 location where the Agency desires to acquire the Real Property Interest,
			 including a map if possible;
(d)
			 The reason for the Acquisition;
(e)
			 A completed notice using a from provided by the Division; and
(f) Any other information the Division may
			 request.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0225 - Terminal Disposition of State Real Property Interests (Notices - Clearing House Process)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the Terminal Disposition by an Agency of a State Real Property
			 Interest, the Agency must first declare in writing to the Division its intent
			 to dispose of the Interest. The written declaration must include the following:
(a) A detailed description of the State Real
			 Property Interest to be transferred, including its approximate size in square
			 feet or acreage and its legal description;
(b) A map showing the location of the State
			 Real Property Interest;
(c) An
			 explanation of the reason for disposal;
(d) A completed notice using a form provided
			 by the Division; and
(e) Any other
			 information the Division may request.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0230 - Right of First Refusal Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State of Oregon may offer a Right of
			 First Refusal to the parties described in ORS
			 270.010(2) in
			 the unlikely event the grant of such a right is consistent with applicable
			 trust responsibilities.
(2) Prior
			 to proceeding with the public notice and solicitation procedures described in
			 this rule, the Disposing Agency shall determine, with the advice of the
			 Division, whether any party is entitled to a Right of First Refusal. The
			 Disposing Agency's determination is final and conclusive.
(3) If a Right of First Refusal is granted,
			 the Disposing Agency shall attempt to locate and notify each party or parties
			 granted the Right.
(4) The
			 Disposing Agency may place any conditions on the Right of First Refusal that it
			 elects, provided that any conditions are reviewed and approved by the Attorney
			 General's Office. In addition, unless waived by the Agency in its notice, no
			 Right of First Refusal may be exercised unless the holder of the Right submits
			 a timely and responsive offer to acquire the State Real Property Interest for
			 an amount not less than the minimum asking price.
(5) If more than one Right of First Refusal
			 is granted, the holder of the Right that submits the highest offer shall be
			 given the first opportunity to acquire the Real Property Interest. If there is
			 a tie between high bidders, the first to file its offer shall be given the
			 first opportunity. Once a party exercises a Right of First Refusal, all other
			 Rights of First Refusal are extinguished.
(6) A grant of a Right of First Refusal may
			 be withdrawn if the Disposing Agency discovers facts and circumstances that
			 lead it to conclude that offering the right is not in the best interest of the
			 state.
Stat. Auth.: ORS
				  270.015(2),
				  270.100(1)(d)
Stats. Implemented: ORS
				  270.010,
				  270.110,
				  270.135,
				  270.140
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0235 - Terminal Dispositions of State Real Property Interests (Offers to Other Individuals or Entities)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to sales and leases of State Real Property Interests
			 only.
(2) If a Disposing Agency
			 does not sell or transfer a State Real Property Interest to either an Agency,
			 Nonprofit Organization, Indian Tribe, Political Subdivision or to a party that
			 has been granted a Right of First Refusal, then the Disposing Agency may
			 dispose of the State Real Property Interest to any other party.
(3) The Disposing Agency must publish notice
			 of the proposed Terminal Disposition of the State Real Property Interest. The
			 notice must be published not less than once a week for three successive weeks
			 in one or more newspapers of general circulation in the county or counties in
			 which the State Real Property Interest is located. In addition, the Disposing
			 Agency may provide notice on its website. The published notice must include the
			 following:
(a) A general description of the
			 State Real Property Interest, including a legal description, if any;
(b) The asking price;
(c) The name and address of the person to
			 contact to obtain any additional information concerning the State Real Property
			 Interest;
(d) A Request for
			 Proposals, including the address to which the Proposal must be delivered and
			 the date and time the Proposal is due, which may not be less than 30 days from
			 the date of the first notice;
(e)
			 If applicable, a notice that the Terminal Disposition of the State Real
			 Property Interest may be subject to a Right of First Refusal;
(f) If not previously published, an
			 invitation for public comment on the State Real Property Interest values
			 defined in OAR 125 045-0215(7) if the Appraised Fair Market Value is more than
			 $100,000;
(g) A reservation of the
			 right of the Disposing Agency or the Division to accept or reject any Proposal;
			 and
(h) Any other information the
			 Disposing Agency elects to include.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0240 - Transfer of Property with Deed Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
If the State's title to a State Real Property Interest is
				limited, qualified or restricted, whether by dedication or otherwise, to use as
				a burial ground, cemetery, or for the purpose of interring the remains of
				deceased persons, the Disposing Agency shall follow the procedures defined in
				ORS 270.110(2)
				prior to transfer of the State Real Property Interest.
Stat. Auth.: ORS
				  270.015(2)
Stats. Implemented: ORS
				  270.110
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0245 - Department Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to any Terminal Disposition of a State Real Property Interest at or above
			 the Appraised Fair Market Value, all Disposing Agencies, other than Exempt
			 Disposing Agencies, as listed in 125-045-0205(14), must obtain the written
			 consent of:
(a) The Administrator if the
			 Appraised Fair Market Value is less than $1,000,000; or
(b) The Director if the Appraised Fair Market
			 Value is $1,000,000 or more.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0250 - Public Lands Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In exercising its real property
			 management and transaction functions under ORS
			 184.634,
			 270.005 to
			 270.015,
			 270.100 to
			 270.190,
			 273.416,
			 273.426 to
			 273.436 and
			 273.551, the Department shall
			 receive advice from the Public Lands Advisory Committee (PLAC).
(2) The PLAC shall consist of two members of
			 the Legislative Assembly, two persons who serve in the executive branch of
			 state government, one real estate agent licensed under ORS
			 696.020, one qualified land use
			 planner, and one person qualified as a real estate management expert. Members
			 of the PLAC shall appoint the Chair of the Committee.
(3) The PLAC shall meet quarterly or as often
			 as the majority of its members determine. The Department may request that the
			 PLAC meet for the purpose of considering real property transactions, evaluate
			 reports to the legislature, or to review Agency reports on the status of the
			 Statewide Lands Inventory.
(4) The
			 PLAC may request that the Department and other Agencies controlling State Real
			 Property Interests update the PLAC on their individual land inventories and
			 processes for evaluating whether property is needed to support an Agency's
			 mission.
(5) PLAC meetings shall be
			 held in Salem. The Division, unless otherwise arranged by PLAC, will determine
			 the meeting location. The Division shall:
(a)
			 Schedule and announce meeting dates and times;
(b) Prepare and distribute meeting
			 agendas;
(c) Arrange times for
			 Agency presentations; review and edit Agency material prior to
			 meetings;
(d) Coordinate with
			 Agencies in response to information requests from PLAC; and
(e) Prepare and distribute meeting
			 minutes.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0255 - Procedure for Submitting Property Transactions and Inventory Information for PLAC Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 PLAC shall advise the Department on all Acquisitions and Terminal Dispositions
			 valued at $100,000 or more. The Division and the Agency shall consider, but are
			 not required to follow, the advice of the PLAC.
(2) Prior to each PLAC meeting, the Division
			 shall provide reports to each member of the PLAC containing key information on
			 each Acquisition and Terminal Disposition to be reviewed by the PLAC,
			 including:
(a) A brief summary of the proposed
			 transaction;
(b) The reason for the
			 PLAC review;
(c) Background summary
			 information and a list of topics for consideration; and
(d) Any supporting documents, maps or
			 photos.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0260 - Procedure for PLAC Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The PLAC shall receive written material for its review at least two weeks in
			 advance of a scheduled PLAC meeting. In addition, the Department or the Agency
			 will make a brief presentation during the meeting on specific agenda
			 items.
(2) Following each
			 presentation, the PLAC may ask questions and discuss issues with other PLAC
			 members as needed.
(3) At the end
			 of the discussion, the PLAC Chair shall ask members for advice or
			 recommendations. The PLAC may pose further questions to the Department or
			 Agency, may comment on the proposed transaction or agenda item, or may
			 determine additional information is required and postpone comment.
Stat. Auth.: ORS
				  270.015(2)
				  & 270.100(1)(d)
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0265 - Statewide Inventory and Property Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall maintain a computer
			 Statewide Lands Inventory database. This database will catalog the size,
			 location, current use and value of all State Real Property Interests, as well
			 as, identify Surplus State Real Property Interests. The Division will use this
			 data to respond to questions from the public, Agencies, the Legislature and
			 executive branch concerning Statewide Lands.
(2) The Division shall work with Agencies to
			 establish appropriate categories of real property for cataloguing State Real
			 Property Interests. Agencies shall cooperate with the Division by providing
			 State Real Property Interests' data, which is accurate, up-to-date and
			 complete. The Statewide Lands Inventory categories shall include information on
			 location, size, current use, value, and whether the Real Property Interest is
			 in operational use, reserve, or surplus. Value may be shown as a range within a
			 list of categories: Forest $80-$180/acre; Range Land $50-$150/acre; Commercial
			 Office Land (Urban) $2-$5/per square foot. Agencies shall identify whether the
			 State Real Property Interest is within an urban growth boundary and, if the
			 Real Property Interest is declared Surplus and sold, whether there are
			 restrictions on the use of proceeds.
(3) To the extent reasonably possible, the
			 Division shall identify Real Property Interests in the Statewide Lands
			 Inventory by:
(a) The property identification
			 numbers or characters used by the controlling Agency, and
(b) The property identifiers assigned by the
			 county assessor, including applicable tax map lot numbers, street addresses,
			 GIS coordinates, latitude and longitude, section, township and range
			 information.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 45 - DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS › Section 125-045-0270 - Statewide Lands Inventory Program Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall project the biennial
			 cost of the Statewide Lands Inventory. After deducting reserves for long-term
			 program upgrades and improvements, any fund balance remaining from the previous
			 biennium will be subtracted from the projected biennial cost. The final
			 projected biennial cost will then be apportioned to Agencies as described in
			 this rule.
(2) To contribute to the
			 cost of maintaining the Inventory, the Division shall charge each Agency that
			 controls a State Real Property Interest an annual maintenance fee equal to the
			 Agency's proportionate share of the total annual cost incurred by the Division.
			 Each Agency's proportionate share of the maintenance fee will be calculated by
			 dividing:
(a) The number of State Real
			 Property Interests in the Inventory that are controlled by the Agency;
			 by
(b) The total number of all
			 State Real Property Interests listed in the Inventory as of June 30 each
			 year.