reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 176 - USE FUEL TAX › Section 735-176-0180 - Tax Forgiveness of Biodiesel and Biodiesel Blends Made From Used Cooking Oil

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 for the tax forgiveness in ORS
			 319.530(5),
			 biodiesel must meet the requirements of ASTM D 6751 and be derived from 100%
			 used cooking oil.
(2) To be
			 eligible for the tax forgiveness in ORS
			 319.530(5),
			 petroleum-based diesel must be blended with a minimum 20 percent biodiesel,
			 which meets the requirements of ASTM D 6751, and is derived from 100% used
			 cooking oil.
(3) To be eligible
			 for the tax forgiveness in ORS
			 319.530(5), the
			 fuel must be sold at a retail location, and must be placed in the fuel tank of
			 a motor vehicle. Fleet fueling, bulk sales, and cardlock sales are not
			 eligible.
(4) To certify the
			 biodiesel is derived from 100% used cooking oil, the bill of lading for the
			 biodiesel shall include certification from the supplier that the biodiesel is
			 derived from 100% used cooking oil as well as the location of the refinery
			 where the biodiesel was manufactured.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  319.510 -
				  319.880
Stats. Implemented: ORS
				  319.530 -
				  319.690
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 176 - USE FUEL TAX › Section 735-176-0190 - Requesting Reassessment; Use Fuel Waiver of Late Payment Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a user,
			 seller, or bulk distributor disagrees with an action of the Department, they
			 may request reassessment of the determination in writing within 30 days of the
			 date of the notice. Notice types with appeal rights include:
(a) Denial or suspension of license.
(b) Adjustments to use fuel user
			 or seller tax reports.
(c)
			 Assessment of tax based on available information.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 176 - USE FUEL TAX › Section 735-176-0200 - Use Fuel Tax Credit of Interest on Tax Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may allow interest credit
			 for overpayments of use fuel tax up to the amount of interest paid for
			 underpayments of tax during any given audit period.
(2) For purpose of ORS
			 319.694(3)(b)
			 and this rule, "any given audit period" means the time period from the last day
			 of the immediate prior audit period up to the present. If there is no prior
			 audit, "any given audit period" shall mean a period not to exceed three years
			 prior to the current date.
(3) Any
			 interest payments made on underpayments of tax from a prior audit period shall
			 not be:
(a) Considered as interest on
			 overpayments in the current audit period; or
(b) Subject to credit under ORS
			 319.694(3)(b).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 176 - USE FUEL TAX › Section 735-176-0210 - Refunds and Credits of Use Fuel Tax

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Refunds of use fuel tax are allowed in
			 the following circumstances:
(a) Fuel is used
			 in another state and is also taxed by that state (proof of payment of tax to
			 other state is required);
(b) Fuel
			 is used on private property in a motor vehicle (mileage records are required);
(c) Fuel is used in a qualifying
			 government vehicle (federal, state, county, city);
(d) Fuel is used in qualifying student
			 transportation;
(e) Fuel is used
			 by a rural fire district;
(f) Fuel
			 is used by a qualifying special district;
(g) Fuel used in vehicles subject to the road
			 usage charge when that fee was paid and the use fuel tax was also charged on
			 the fuel; and
(h) Refunds are
			 limited to fuel purchased within 15 months of the date of the claim;
			 application for refund is made on the form prescribed by the Department.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 736-001-0000 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any permanent
				rule, the Oregon Parks and Recreation Commission shall give notice of the
				intended action:
(1) In the Secretary
			 of State's Bulletin referred to in ORS
			 183.360 at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Parks and Recreation
			 Commission's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule; and
(3) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated
			 Press;
(b) Associated Oregon
			 Industries; and
(c) Associated
			 General Contractors.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 736-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Commission hereby adopts the
				Attorney General's Model Rules of Procedure under the Administrative Procedures
				Act as amended and effective October 3, 2001.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or State Parks
				  & Recreation Department.
Stat. Auth.: ORS
				  390.124
Stat. Implemented: ORS
				  183.341(1)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 736-001-0030 - Fees for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
Fees to recover costs in making public records available for
				inspection may be charged by the Oregon Parks and Recreation Department:
(1) Fees, shall be based on actual costs for
			 personnel, materials, and record delivery and shall be as follows:
(a) Photocopies, black-and-white or color,
			 any size: current rate on the Oregon Department of Adminstrative Services
			 printing and distribution price list;
(b) Digital media: based on current statewide
			 office supply price agreement;
(c)
			 Mailing or shipping costs: actual costs.
(d) Administrative, office specialists, other
			 support staff: $25/hour.
(e)
			 Program and mid-management staff: $40/hour.
(f) Professional, high-level management, and
			 executive staff: $75/hour.
(g)
			 Legal fees: Actual hourly rates.
(h) Third party fees: actual costs.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0015 - Working with Donor Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
Authority and Purpose
(1) Oregon Laws 2013, chapter 299, section 2
			 authorizes the director of the Oregon State Parks and Recreation Department to
			 enter into agreements with private, nonprofit organizations by which the
			 organizations shall solicit gifts, grants and donations for the benefit of the
			 department or donate goods and services to the department.
(2) The purpose of these rules is to provide
			 procedures for soliciting and accepting proposals, reaching agreements,
			 depositing funds, evaluating agreements and renewing or dissolving agreements.
Definitions
(3) As used in these rules and forms to be
			 prepared by the Oregon Parks and Recreation Department, the following
			 definitions apply:
(a) "Agreement" means a
			 written agreement entered into between a donor organization and the department
			 for the purposes identified in Oregon Laws 2013, chapter 299, section 2,
			 subsection 1.
(b) "Department"
			 means the Oregon Parks and Recreation Department or its staff.
(c) "Director" means the director of the
			 Oregon Parks and Recreation Department.
(d) "Donation" means gifts, grants, cash
			 donations, goods or services.
(e)
			 "Donor proposal" means a written proposal submitted by a donor organization in
			 a format as required by the department, and which requests to enter into an
			 agreement with the department according to Oregon Laws 2013, ch. 299, section
			 2, subsection 1.
(f) "Donor
			 organization" or "donor" means a federally tax exempt nonprofit organization
			 registered with the Oregon Secretary of State.
Donor Organization Eligibility
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0020 - Criminal Records Checks

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. OAR
				736-002-0020 to
				736-002-0160 and OAR
				125-007-0200 to 125-007-0030
				control the Department's acquisition of information about a subject
				individual's criminal history through criminal records checks or other means
				and its use of that information to determine whether the subject individual is
				fit to provide services to the Department.
Statutory/Other Authority: ORS
				  390.124,
				  390.131,
				  390.140, ORS
				  181A.195 &
				  390.200
Statutes/Other Implemented: ORS
				  181A.195 &
				  390.200
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR
				736-002-0020 to
				736-002-0160, the definitions in
				ORS 390.005 and OAR
				125-007-0210 shall apply. In
				addition, the following definitions apply:
(1) "Authorized Designee" means a Department
			 employee authorized to obtain, review or process criminal offender information
			 and other criminal records information about a subject individual through
			 criminal records checks and other means, and to conduct a fitness determination
			 in accordance with these rules.
(2)
			 "Contact Person" means a person who is authorized by the Department to receive
			 and process criminal records check requests and is authorized to receive
			 criminal records information. The contact person makes preliminary fitness
			 determinations under the authority of the Department only if there is no
			 indication of potentially disqualifying crimes.
(3) "Crime Relevant to a Fitness
			 Determination" means a crime listed or described in OAR
			 125-007-0270.
(4) "Family Member" means a spouse, domestic
			 partner, natural parent, foster parent, adoptive parent, stepparent, child,
			 foster child, adopted child, stepchild, sibling, stepbrother, stepsister,
			 father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
			 sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first
			 cousin.
(5) "Subject Individual"
			 means an individual identified in ORS
			 390.200.
Statutory/Other Authority: ORS
				  390.124,
				  390.131,
				  390.140,
				  390.200 &
				  181A.195
Statutes/Other Implemented: 390.200 &
				  181A.195
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0032

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  390.124,
				  390.131,
				  390.140,
				  181.534,
				  390.200,
				  565.071
Stats. Implemented: ORS
				  181.534.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0038 - Designated Positions: Authorized Designee and Contact Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appointment.
(a) The Director or the Director's designee
			 shall designate the positions that include the responsibilities of an
			 authorized designee, contact person, or both.
(b) Appointment to one of the designated
			 positions shall be contingent upon an individual being approved under the
			 Department's criminal records check and fitness determination
			 process.
(c) The Director or the
			 Director's designee has discretion to make an appointment provided for in
			 subsection (b).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0042 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a criminal
			 records check, a subject individual shall complete and sign the OPRD Criminal
			 Records Request and, if requested by the Department, a fingerprint card. The
			 Criminal Records Request form shall require the information provided in OAR
			 125-007-0220(1),
			 any other information deemed necessary by the authorized designee and details
			 concerning any circumstance listed in OAR
			 125-007-0270.
(b) A subject individual shall complete and
			 submit the OPRD Criminal Records Request, and, if requested, a fingerprint card
			 within five business days of receiving the request. An authorized designee may
			 extend the deadline for good cause.
(c) The Department may not request a
			 fingerprint card from a subject individual under the age of 18 years except as
			 provided in OAR 125-007-0220(3).
(d) Within a reasonable period of time, as
			 established by an authorized designee, a subject individual shall disclose
			 additional information as requested by the Department in order to resolve any
			 issue hindering the completion of a criminal records check.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0050 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee may conduct a
			 preliminary fitness determination if the Department is interested in hiring or
			 appointing a subject individual on a preliminary basis, pending a final fitness
			 determination.
(2) If an authorized
			 designee elects to make a preliminary fitness determination under section (1),
			 the authorized designee shall make that preliminary fitness determination based
			 on information disclosed by the subject individual under OAR
			 736-002-0042(1)
			  and a LEDS criminal records check in
			 accordance with OAR 125-007-0250.
(3) The authorized designee may approve a
			 subject individual as fit, on a preliminary basis, if the authorized designee
			 has no reason to believe the subject individual has made a false statement and
			 the information available to the authorized designee does not disclose that the
			 subject individual has any potentially disqualifying crimes in accordance with
			 OAR 125-007-0270.
(4) If the information available to the
			 authorized designee discloses one or more of the circumstances identified in
			 OAR 125-007-0270, the authorized
			 designee may approve a subject individual as fit on a preliminary basis, if the
			 authorized designee concludes, after evaluating all available information, that
			 hiring or appointing the subject individual on a preliminary basis does not
			 pose a risk of harm to the Department, its client entities, the State, or
			 members of the public.
(5) If a
			 subject individual is determined to be fit or unfit to work/volunteer on the
			 basis of a preliminary fitness determination, an authorized designee shall
			 conduct a final fitness determination under OAR
			 125-007-0260.
(6) A subject individual may not appeal a
			 preliminary fitness determination.
Statutory/Other Authority: ORS
				  390.124,
				  390.131,
				  390.140, ORS
				  181A.195 &
				  390.200
Statutes/Other Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0052 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may hire or appoint a
			 subject individual on a preliminary basis if an authorized designee has
			 approved the subject individual on the basis of a preliminary fitness
			 determination under OAR
			 736-002-0050 and
			 125-007-0250.
(2) A subject individual hired or appointed
			 on a preliminary basis is deemed to be on trial service and, if terminated
			 prior to completion of a final fitness determination under OAR
			 736-002-0058, may not appeal the
			 termination under the process provided under
			 736-002-0102.
(3) If a subject individual hired or
			 appointed on a preliminary basis is determined to be not fit upon completion of
			 a final fitness determination, as provided under OAR
			 125-007-0260(2)(c),
			 then the Department shall immediately terminate the subject individual's
			 employment or appointment.
Statutory/Other Authority: ORS
				  390.124,
				  390.131,
				  390.140, ORS
				  181A.195 &
				  390.200
Statutes/Other Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0058 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department elects to conduct a
			 criminal records check, an authorized designee shall make a final fitness
			 determination about a subject individual based on information provided by the
			 subject individual under OAR
			 736-002-0042(1),
			 the criminal records check(s) conducted, if any, and any false statements made
			 by the subject individual.
(2) In
			 making a final fitness determination about a subject individual, an authorized
			 designee shall consider the factors in ORS
			 181A.195(10)(d)
			 in relation to information provided by the subject individual under OAR
			 736-002-0042(1),
			 including any criminal offender information, as defined in OAR
			 125-007-0210, obtained through a
			 criminal records check and other information known by the Depatment.
(3) Possible outcomes of a final fitness
			 determination are provided in OAR
			 125-007-0260
			 (2).
(a)
			 Approval.An authorized designee shall approve a subject individual if the
			 information reviewed as described in sections (1) and (2) shows none of the
			 following:
(A) Evidence that the subject
			 individual has been convicted of, or found guilty of a crime as provided in OAR
			 125-007-0270;
(B) Evidence that the subject individual has
			 a pending indictment for a crime as provided in OAR
			 125-007-0260(2);
(C) Evidence that the subject individual has
			 been arrested for any crime as provided in OAR
			 125-007-0260(2);
(D) Evidence of the subject individual having
			 made a false statement; or
(E) Any
			 discrepancies between the criminal offender information and information
			 obtained from the subject individual.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0070 - Crimes Considered

Current through Register Vol. 63, No. 7, July 1, 2024
The Department with consider a conviction of any crimes or
				offenses as provided in OAR
				125-007-0270.
Statutory/Other Authority: 390.131, 390.140, 181A.195,
				  390.200 & ORS 390.124
Statutes/Other Implemented: 181A.195 & 390.200
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0082

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  390.124,
				  390.131,
				  390.140,
				  181.534, HB 2157 (2005
				  Legislative Session)
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0092

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  390.124,
				  390.131,
				  390.140,
				  181.534, HB 2157 (2005
				  Legislative Session)
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0102 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject individual may contest a final
			 fitness determination made under OAR
			 736-002-0058 that he or she is
			 not fit to hold a position with or provide services to the Department as an
			 employee, contractor, licensee, or volunteer in a contested case hearing before
			 the Office of Adminstrative Hearings.
(2) Process.
(a) A subject individual may appeal a final
			 fitness determination by submitting a written request for a contested case
			 hearing to the address specified in the notice provided under OAR
			 125-007-0260(2)
			 within 14 calendar days of the date appearing on the notice. The Department
			 shall address a request received after expiration of the deadline as provided
			 under OAR 137-003-0528.
(b) When the Department receives a timely
			 request under subsection (a) of this rule, an adminstrative law judge assigned
			 by the Office of Administrative Hearings shall conduct a contested case hearing
			 pursuant to OAR 137-003-0501 to
			 137-003-0700, as supplemented by
			 the provisions of this rule.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0150 - Recordkeeping, Confidentiality, and Retention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recordkeeping:
(a) An authorized designee shall document a
			 preliminary or final fitness determination, or the closing of a fitness
			 determination file in writing.
(b)
			 Written documentation of preliminary or final fitness determination and closing
			 of a fitness determination file shall be retained in the subject individual
			 file for two years after the date of notice.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0160 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge a fee for acquiring criminal offender information for use in making
			 a fitness determination. The fee shall not exceed the actual cost of aquiring
			 criminal offender information on the subject individual.
(2) The Department shall not charge a fee if
			 the subject individual is a Department employee, a Department volunteer, or an
			 applicant for employment or a volunteer position with the Department.
Statutory/Other Authority: ORS
				  181A.195,
				  180.267 &
				  390.200
Statutes/Other Implemented: ORS
				  181A.195 &
				  390.200
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 2 - ADMINISTRATIVE ACTIVITIES › Section 736-002-0170 - Outdoor Recreation Advisory Council: Membership and Function

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Parks
			 and Recreation Commission (commission) may appoint an Outdoor Recreation
			 Advisory Council (council) to the Oregon Office of Outdoor Recreation (OREC).
			 The purpose of the council is to support OREC's duty to promote and facilitate
			 efforts to coordinate outdoor recreation policy and priorities across the
			 state, and with government and nongovernmental entities, as provided in ORS
			 390.233 and section
			 (7).
(2) The council is composed
			 of:
(a) At least three outdoor recreation
			 participants that reflect the indigenous heritage, cultural richness, varied
			 physical ability, socioeconomic status, or geographic diversity of this state
			 and the many forms of recreation enjoyed here;
(b) At least three representatives from
			 Oregon's outdoor recreation sector such as brands, manufacturers, retailers,
			 outfitters, guides and community-based organizations or non-profits;
(c) Two members from a federally-recognized
			 Indian tribe in Oregon.
(d)
			 Ex-officio Membership on the council is limited to those individuals and
			 organizations that have or potentially have significant in-kind or other
			 resources to contribute to the purpose provided in section (1). Ex-officio
			 members may fully participate in discussions and deliberations of the council.
			 Ex-officio membership shall include, but is not limited to, the director or the
			 director's designee of the following agencies:
(A) One member designated by the Travel
			 Oregon;
(B) One member designated
			 by the Oregon Business Development Department;
(C) One member designated by the Department
			 of Fish and Wildlife;
(D) One
			 member designated by the Oregon State Marine Board;
(E) One member designated by the Oregon
			 Department of Forestry;
(F) One
			 member designated by the Oregon Department of Transportation;
(G) One member designated by the Oregon
			 Health Authority;
(H) One member
			 designated by the Oregon Department of State Lands
(I) One member designated by Oregon State
			 University Extension Service;
(J)
			 One member designated by the Association of Oregon Counties.
(e) Other members deemed necessary
			 by the commission in consultation with OREC.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 3 - WILLAMETTE RIVER GREENWAY PLAN › Section 736-003-0005 - Willamette River Greenway Plan

Current through Register Vol. 63, No. 7, July 1, 2024
On June 30, 1975, the Oregon Transportation Commission approved
				the Willamette River Greenway Plan for submission to the Land Conservation and
				Development Commission. This action constitutes the adoption of an
				administrative rule by the Commission. This rule is effective upon final
				approval by the Land Conservation and Development Commission. (See OAR
				660-020-0010.)
Pursuant to ORS
				390.318(2) the
				plan shows the boundaries of the Willamette River Greenway, the boundaries of
				lands acquired or to be acquired as state parks and recreation areas within the
				Greenway, the lands and interests acquired or to be acquired by units of local
				government, lands within the Greenway for which the acquisition of a scenic
				easement is sufficient for the purposes of such Greenway, the location of all
				known subsurface mineral aggregate deposits situated on lands within the
				Greenway. The segment of the Willamette River covered by the plan is that
				portion, including all channels, from the confluence with the Columbia River
				upstream to Dexter Dam and the Coast Fork of the river upstream to Cottage
				Grove Dam.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.318 & ORS
				  390.322
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0005 - Purpose of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the procedures and requirements used by
				the Oregon Parks and Recreation Department (OPRD) when allocating ATV Account
				monies to public and privately-owned land managers, ATV clubs and
				organizations; procedures for All-Terrain Vehicle (ATV) off-road operating
				permit; and implementation of safety and education requirements for Class I,
				III, and IV off-highway vehicles.
Stat. Auth.: ORS
				  390.180 &
				  390.585
Stats. Implemented: ORS
				  390.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0010 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 390.585 authorizes the Oregon
			 Parks and Recreation Department to adopt rules and establish procedures to be
			 used when OPRD allocates ATV Account money to public and privately-owned land
			 managers, ATV clubs and organizations.
(2) OAR
			 736-004-0045 through
			 736-004-0070 are adopted
			 pursuant to ORS 390.580,
			 390.585, and
			 390.590 which direct the Oregon
			 Parks and Recreation Department to issue Class I, III, and IV Operating Permits
			 to persons who satisfy the statutory requirements to ride on public
			 property.
(3) OAR 736-004-0080
			 through 736-004-0130 are adopted
			 pursuant to ORS 390.570 and
			 390.575 which direct the Oregon
			 Parks and Recreation Department to issue or provide for issuance of Class I,
			 III, and IV ATV operator permits to any person who has taken a Class I, III or
			 IV OPRD-approved ATV safety education course and has been found qualified to
			 operate a Class I, III, or IV all-terrain vehicle. These statutes require OPRD
			 to provide safety education course instruction through public or private local
			 and state organizations meeting qualifications established by the
			 Department.
Stat. Auth.: ORS
				  390.180 &
				  390.585
Stats. Implemented: ORS
				  390.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the following definitions shall
				apply:
(1) "Acquisition" means the
			 gaining of real property rights for public use by donation or purchase
			 including, but not limited to, fee title or easements.
(2) "Approved Course Provider" is any
			 individual or organization who instructs or provides an OPRD-approved Class I,
			 III or IV ATV safety course.
(3)
			 "ATV" or "All-Terrain Vehicle" means:
(a)
			 Class I ATV, as defined in ORS
			 801.190.
(b) Class II ATV, as defined in ORS
			 801.193.
(c) Class III ATV, as defined in ORS
			 801.194.
(d) Class IV ATV, as defined in ORS
			 801.194.
(e) May also be referred to as an OHV or
			 Off-Highway Vehicle.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0020 - Apportionment of Monies

Current through Register Vol. 63, No. 7, July 1, 2024
Monies in the All-Terrain Vehicle Account shall be used for the
				following purposes:
(1) Planning,
			 promoting and implementing a statewide all-terrain vehicle program including
			 the acquisition, development and maintenance of all-terrain vehicle recreation
			 areas;
(2) Education and safety
			 training for all-terrain vehicle operators;
(3) Provision of first-aid and police
			 services related to all-terrain vehicle recreation;
(4) Paying the costs of instigating,
			 developing, or promoting new programs for all-terrain vehicle users and of
			 advising people of possible usage areas available for all-terrain
			 vehicles;
(5) Paying the costs of
			 coordinating between all-terrain vehicle user groups and the managers of public
			 lands;
(6) Paying the costs of
			 providing consultation and guidance to all-terrain vehicle user
			 programs;
(7) Paying the costs of
			 administration of the all-terrain vehicle programs including staff support
			 provided under ORS 390.565 as requested by the
			 ATV-AC;
(8) Paying the cost of law
			 enforcement activities related to the operation of all-terrain vehicles;
			 and
(9) Control and eradication of
			 invasive species related to all-terrain vehicle recreation.
Stat. Auth.: ORS
				  390.180 &
				  390.585
Stats. Implemented: ORS
				  390.180 &
				  390.560
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0025 - Grant Application Eligibility and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligibility for funding assistance:
(a) Public agencies: Federal land managers,
			 state agencies, and local governments that have the responsibility, or are
			 capable of, providing a service to ATV users;
(b) Private land owners or managers: Private
			 land owners or managers who offer public OHV recreation opportunities and will
			 provide open public ATV recreation for a minimum prescribed period of daily or
			 seasonal time and who will maintain the opportunity for a prescribed period of
			 time as determined by OPRD;
(c)
			 Clubs and non-profit organizations: ATV clubs and non-profit organizations
			 registered with the State of Oregon for a minimum of three consecutive years;
(A) Clubs and non-profit organizations shall
			 have in place, prior to receipt of any funding, a written agreement with a
			 successor in which the successor agrees to operate the facility as described in
			 the grant agreement and the grant application should the club or non-profit
			 organization cease to exist, for example, due to disbanding or dissolution;
			 or
(B) OPRD shall be listed on the
			 title as successor to the property:
(i) OPRD
			 may sell the property and shall deposit the net revenue from the sale into the
			 ATV Account;
(ii) OPRD may operate
			 the project; or
(iii) OPRD may
			 qualify and assign another successor to the project.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0030 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications:
(a) A current ATV grant
			 application is required for consideration of ATV funding;
(b) OPRD will provide information regarding
			 application deadlines and public meetings through available media sources and
			 on the OPRD - ATV website;
(c)
			 Applicants must submit applications by published deadlines;
(d) OPRD and the ATV-Grant Subcommittee will
			 review applications;
(e) The
			 ATV-Grant Subcommittee will recommend ATV project funding to the
			 commission.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0035 - Establishment of the ATV Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission shall appoint the ATV-AC
			 and the ATV-Grant Subcommittee established by ORS
			 390.565. In appointing the first
			 members to the ATV-AC, the commission shall specify the end of the term of
			 office for each member consistent with Oregon Laws 2009, chapter 812, section
			 4(2).
(2) The Director shall
			 appoint the ATV-AC Chair and Vice Chair upon consideration of the committee's
			 recommendations.
(3) The Director
			 shall appoint the ATV-Grant Subcommittee Chair and Vice Chair upon
			 consideration of the subcommittee's recommendations.
Stat. Auth.: ORS
				  390.180,
				  390.565
Stats. Implemented: ORS
				  390.180,
				  390.565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0045 - ATV Operating Permit Agent Application and Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To become an
			 ATV Operating Permit Agent an applicant shall:
(a) Submit an application in a form provided
			 by OPRD to become an ATV Operating Permit Agent;
(b) OPRD may require the Operating Permit
			 Agent to obtain a bond in an amount determined by OPRD if there is historical
			 evidence of substandard performance by the Operating Permit Agent.
(c) Enter into an OPRD agreement to be
			 designated as an ATV Operating Permit Agent.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0060 - ATV Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An ATV operating permit and decal shall be valid for a two-year period from the
			 date of issue. The decal shall be placed on the vehicle as determined in OAR
			 736-004-0065. All ATV decals
			 shall include:
(a) The distinctive number or
			 characters assigned by OPRD to the vehicle;
(b) The word "Oregon"; and
(c) The expiration date.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0062 - Ocean Shores ATV Operating Permit (Permit to operate a Class I ATV on the Ocean Shore)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not operate a Class I all-terrain vehicle on the ocean shore unless the person
			 obtains an Ocean Shores ATV Operating Permit from OPRD.
(2) The operator must have, in addition to
			 the Ocean Shores ATV Operating Permit, a current ATV Safety Education Card
			 issued under ORS 390.570 and the vehicle must
			 have a current ATV operating permit (ATV decal affixed to the vehicle) issued
			 under 390.580.
(3) The Ocean Shores
			 ATV Operating Permit is to be used only to meet the access needs of:
(a) Persons with disabilities, as defined by
			 ORS 174.107; or who have proof of
			 motor vehicle disabled placard, or both;
(b) Emergency response or emergency aid
			 workers during the course of their work; or
(c) Biologists, wildlife monitors, or other
			 natural resources workers during the course of their work.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0065 - Placement of ATV Off-Road Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ATV operating permit shall be in the
			 form of a decal to be permanently affixed to the vehicle for which it is
			 issued, and must be clearly visible.
(2) Placement of the permit shall be as
			 follows:
(a) For quads, three-wheelers, or
			 vehicles of a similar design, the permit shall be displayed on the right-hand
			 side of the vehicle in a visible location;
(b) For jeeps, pickups, passenger cars and
			 similar vehicles, the permit shall be displayed in a manner that makes it
			 visible from the rear of the vehicle, such as on the bumper or in the rear
			 window;
(c) On sandrail vehicles
			 (dune buggies) the permit shall be displayed in the middle of the rear rollbar
			 and be visible from the rear of the vehicle; and
(d) For vehicles that are similar in design
			 to motorcycles and where it is not possible to display the permit as required
			 in sections (2) or (3) of this rule, the permit shall be displayed:
(A) On the front fork tube, on the opposite
			 side of the vehicle from the brake, or in a location that is visible while the
			 rider is on the vehicle; and
(B) Be
			 positioned either horizontally or vertically.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0070 - Reciprocity for Out-of-State ATV Operating Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ATV operating permit issued by another
			 state shall be honored in the State of Oregon if the issuing state also honors
			 an Oregon ATV operating permit.
(2)
			 The ATV must have a resident state ATV operating permit; or
(3) If an ATV operating permit is not
			 required in the owner's home state, the operator must purchase a State of
			 Oregon ATV operating permit to operate the ATV on designated ATV areas in
			 Oregon.
Stat. Auth.: ORS
				  390.180,
				  390.585
Stats. Implemented: ORS
				  390.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0085 - ATV Safety Education Card (ATV Operator Permits)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To operate a Class I or Class III ATV on
			 public lands in Oregon, a person must obtain an ATV Safety Education Card (ATV
			 operator permit).
(2) To operate a
			 Class IV ATV on public lands in Oregon, a person under 16 years of age must
			 obtain an ATV Safety Education Card (ATV operator permit).
(3) The criteria for obtaining an ATV Safety
			 Education Card are:
(a) Attain a test score
			 of at least 80 percent on an OPRD-approved internet safety course;
(b) Attain a test score of at least 80
			 percent on a correspondence course and self-test provided by OPRD; or
(c) Be at least 16 years of age and have five
			 or more years of experience operating a Class I or Class III all-terrain
			 vehicle and successfully pass an equivalency examination with a score of at
			 least 80 percent.
(d) Effective
			 January 1, 2012, operators under 16 years of age must:
(A) Successfully demonstrate ATV proficiency,
			 and
(B) Pass either an
			 OPRD-approved:
(i) Hands-on training course,
			 or
(ii) Evaluation
			 course.
(e)
			 Effective January 1, 2012, a person under 16 years of age will receive a
			 Certificate of Completion upon passing the ATV internet safety course. The
			 certificate of completion will also be an Instruction Permit which shall be
			 valid for 180 days.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0090 - Replacement ATV Safety Education Card

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may apply for a replacement ATV
			 Safety Education Card from OPRD if:
(a) They
			 legally change their name;
(b) The
			 card is lost, stolen or destroyed;
(c) Misinformation is printed on the card;
			 or
(d) The card has a printing
			 error or physical defect.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0095 - Temporary ATV Safety Education Card

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who successfully passes the OPRD
			 internet safety education course may print from their computer a temporary ATV
			 safety education card and may operate an ATV for no more than 30 days from date
			 of issue provided the temporary ATV safety education card is in the possession
			 of the operator.
(2) A person
			 residing in Oregon who is required to possess an ATV Safety Education Card and
			 is in possession of a certificate issued by another state or nation that is
			 equivalent to Oregon's ATV Safety Education Card may use that certificate as a
			 temporary Safety Education Card and may operate an ATV in Oregon for no more
			 than 30 days from date of residency provided the document is in the possession
			 of the operator.
Stat. Auth.: ORS
				  390.570 &
				  390.575
Stats. Implemented: ORS
				  390.570,
				  390.575 &
				  821.174
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0100 - ATV Safety Checklist

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person who provides a Class I, Class III, or Class IV ATV for rent in
			 Oregon or offers guided tours for a client must require that:
(a) The operator(s) of the rental ATV show
			 proof of possession of an ATV Safety Education Card before renting the person
			 an ATV; or
(b) If the operator does
			 not possess an ATV Safety Education Card, the rental or tour agent must provide
			 the operator with an ATV Safety Checklist provided by OPRD;
(c) The operator must review and mark the ATV
			 Safety Checklist in the presence of the rental or tour agent before they may
			 operate the ATV; and
(d) The
			 operator must retain the ATV Safety Checklist in their possession while
			 operating the ATV.
(e) This section
			 does not apply if the operator of a Class IV ATV is 16 years of age or
			 older.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0105 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Non-residents
			 riding in Oregon are exempt from possessing a State of Oregon ATV Safety
			 Education Card if they possess an ATV Safety Education Card or equivalent
			 issued by their resident state or nation.
(a)
			 An ATV Safety Education Card issued in another state or nation shall be honored
			 in the State of Oregon if the issuing state or nation also honors an Oregon ATV
			 Safety Education Card.
(b) The
			 operator must have a State of Oregon ATV Safety Education Card if mandatory
			 education is not required in their home state or nation to operate an ATV on
			 public lands.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0110 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is no fee
			 for issuance of the original ATV Safety Education Card.
(2) There is no fee for issuance of an ATV
			 Safety Education Card that adds an endorsement code.
(3) The replacement fee for an ATV Safety
			 Education Card is $8.00.
Stat. Auth.: ORS
				  390.570 &
				  390.575
Stats. Implemented: ORS
				  390.570,
				  390.575 &
				  821.174
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0115 - Rider Fit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Class I ATV
			 operator under 16 years of age must meet all the following minimum physical
			 size requirements in relationship to the vehicle:
(a) Brake Reach: With hands placed in the
			 normal operating position and fingers straight out, the first joint (from the
			 tip) of the middle finger will extend beyond the brake lever and
			 clutch;
(b) Leg Length: While
			 sitting and with their feet on the pegs, the knee must be bent at least 45
			 degrees;
(c) Grip Reach: While
			 sitting upright on the ATV with hands on the handlebars and not leaning
			 forward, there must be a distinct angle between the upper arm and the forearm;
			 and
(d) The rider must be able to
			 turn the handlebars from lock to lock while maintaining grip on the handlebars
			 and maintaining the throttle and brake control.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS › Section 736-004-0120 - Minimum Training Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Providers of a Class I, III, or IV ATV evaluation or training course must
			 evaluate ATV operators in their ability to control an ATV at or above OPRD
			 minimum training standards under section (2) of this rule.
(2) OPRD will provide minimum ATV training or
			 evaluation standards that will include:
(a)
			 Prerequisite training requirements;
(b) Rider fit under OAR
			 736-004-0115;
(c) Familiarization of controls;
(d) Internet safety course review;
(e) Starting and stopping;
(f) Turns and weaves; and
(g) Navigating over and around
			 obstacles.