reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, association, partnership, or joint stock
			 company.
(2) "Commission" means the
			 Oregon Salmon Commission.
(3)
			 "First Purchaser" means any person who buys ocean troll salmon landed in Oregon
			 from the fisherman in the first instance, or handler who receives ocean troll
			 salmon in the first instance from the fisherman for resale or
			 processing.
(4) "Fisherman" means
			 any individual participating directly or indirectly in the commercial harvest
			 of troll caught ocean salmon for consumer consumption.
(5) "Handler" means any fisherman, processor,
			 distributor, or other person engaged in handling or marketing of or dealing in
			 troll caught ocean salmon, whether as owner, agent, employe, broker or
			 otherwise.
(6) "Salmon" means all
			 anadromous species of salmon, including but not limited to:
(a)
Oncorhynchus gorbuscha
,
			 commonly known as humpback, humpies or pink salmon;
(b)
Oncorhynchus keta
,
			 commonly known as chum or dog salmon;
(c)
Oncorhynchus kisutch
,
			 commonly known as coho or silver salmon;
(d)
Oncorhynchus nerka
,
			 commonly known as sockeye, red or blue back salmon;
(e)
Oncorhynchus
			 tshawytscha
, commonly known as chinook salmon.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who is a first purchaser as defined in ORS chapter
				576, shall deduct and withhold an assessment at the rate of one and one/half
				percent of the ex-vessel value of the raw product of salmon. This assessment
				deduction shall be made upon the incoming revenue thereof, for salmon taken by
				troll fishing and delivered in Oregon. All casual sales of troll caught ocean
				salmon shall be exempt from the assessment. (See definition of "Casual
				Sales")
Stat. Auth: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0015 - Report and Payment of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers must submit
			 completed and signed assessment reports on commission approved forms.
			 Assessment reports shall include all purchases by or deliveries to a first
			 purchaser of troll caught ocean salmon in the previous month. Assessment
			 reports are due in the commission office postmarked on or before the 20th day
			 of each month.
Example
: Assessment reports for April 1-April 31
				would be due in the commission office postmarked on or before May 20th.
(2) When a first purchaser or
			 handler has completed, signed and forwarded a report covering his final
			 purchase of troll caught ocean salmon for the year, he shall mark such report
			 in large letters "
FINAL REPORT FOR THIS YEAR
". No further reports
			 are necessary by such first purchaser unless or until additional purchases are
			 made. (See section (4) of this rule)
(3) If a first purchaser lives or has his
			 office in another state or is a federal or other governmental agency, the
			 fisherman shall report all sales made to such purchaser on forms provided by
			 and pay the assessment moneys directly to the Commission, unless such first
			 purchaser voluntarily makes the proper deduction and remits the proceeds to the
			 Commission.
(4) At the time that
			 reports are due the Commission from the first purchaser as required in section
			 (1) of this rule, the first purchaser shall attach and forward payment to the
			 Commission for the assessment due as set forth in each report. Reports shall be
			 on forms prescribed by the Commission. The forms shall be signed by the first
			 purchaser and filled in with the required data as shown on such forms,
			 including, but not limited to, the month in which the salmon was taken and
			 delivered in Oregon, the gross poundage received from all fishermen, and the
			 total assessment deducted and withheld.
(5) Any fisherman who performs the handling
			 or processing functions on all or part of his production of the commodity,
			 which normally would be performed by another person as the first purchaser
			 thereof, shall report his sales of such commodity of his own production on
			 forms provided by, and pay the assessment moneys directly to the Commission,
			 unless the first purchaser from such producer voluntarily makes proper
			 deduction and remits the proceeds to the commission.
Stat. Auth: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys is
				provided in ORS 576.355, which states, "In
				addition to the penalties prescribed in
				576.991, and any first purchaser
				or other person who delays transmittal of funds beyond the time set by the
				Commission shall pay ten percent of the amount due for the first month of delay
				and one and a half percent of the amount due for each month of delay
				thereafter."
Stat. Auth: ORS
				  576.265
Stats. Implemented: ORS
				  576.355(1)
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0025 - Effective Dates of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a first purchaser or
				handler, as required by ORS
				576.155 and OAR
				646-010-0010(1),
				or the reports required under OAR
				646-010-0015,
				applies to and covers any purchases by him or delivery on or after July 1,
				1984, of troll caught ocean salmon landed in Oregon.
Stat. Auth: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT DUE THE OREGON SALMON COMMISSION › Section 646-010-0030 - Exclusions from Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
EXEMPTION BASED ON DONATION TO NON-PROFIT. Any first purchaser
				will deduct and withhold an assessment of the following amount for all of the
				salmon produced or procured in Oregon, except that no assessment will be
				deducted for salmon donated to a bona-fide non-profit organization providing
				dated proof of donation including quantity donated.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Salmon
			 Commission records and to prevent interference with the regular discharge of
			 the commission duties, the commission adopts the procedures set forth in this
			 division. Procedures for review of any denial of public records requests, or
			 fee waiver or reduction, shall be in accordance with the provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at P.O. Box 983, Lincoln City, OR 97367.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 may request additional information or clarification from a requester of public
			 records for the purpose of expediting the commission's response to the
			 request.
(2) Within five business
			 days after receiving the request, the commission shall acknowledge receipt of
			 the request or complete the response to the request. An acknowledgment under
			 this subsection must:
(a) Confirm that the
			 commission is the custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission is not required to comply
			 with the time periods set forth in this division if the commission finds that
			 compliance would be impracticable because:
(a) The staff or volunteers necessary to
			 complete a response to the public records request are unavailable, on leave, or
			 are not scheduled to work; or
(b)
			 Compliance would demonstrably impede the commission's ability to perform other
			 necessary services; or
(c) Of the
			 volume of public records requests being simultaneously processed by the
			 commission.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 646-020-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form available from the commission to
			 the commission at the address provided in 646-020-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 646-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Salmon Commission will consist of nine commissioners
				appointed by the Director of the Oregon Department of Agriculture for a term or
				four years or, if for a term following a prior term for that person, ending
				four years from the date of expiration of any prior term.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 646-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer"
			 is a person growing or producing within this state or procuring within the
			 state, its rivers or the offshore waters, but not the Columbia River, for
			 commercial handling within the state, a commodity for market, or receiving a
			 share thereof as landowner, landlord, tenant, sharecropper, boat skipper or
			 otherwise. A producer must have paid the commission assessment on the commodity
			 in each of the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 646-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may remove a commissioner from
			 office, and declare the position vacant for cause, including the following
			 reason: Two unexcused absences, or other neglect of duty in office;
(2) The Commission may make a recommendation
			 to the Director of the Department of Agriculture, or the Director may request a
			 recommendation from the Commission on the removal of any
			 commissioner.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 646-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the last regular meeting of the Commission before
				the end of the fiscal year, the Commission will elect from its members a Chair,
				a Vice Chair, and a Secretary/Treasurer who will serve until their successors
				are elected and qualified. The Chair, Vice Chair, or Secretary/Treasurer may
				resign as such or may be removed from that position by vote of four
				Commissioners. If the Chair, Vice Chair, or Secretary/Treasurer ceases to be a
				Commissioner, the office will be vacant and a successor will be selected at the
				next regular meeting of the Commission. The Chair will preside over all
				meetings of the Commission. The Vice Chair or Secretary/Treasurer will act in
				lieu of the Chair when the Chair is unable to perform the duties of the office
				of Chair or while the office is vacant.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206, 574.416 &
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206(7)
				  & 576.265
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311, ORS
				  576.416 &
				  576.440
Stats. Implemented: ORS
				  292.495, ORS
				  576.206(7), ORS
				  576.265
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495
Stats. Implemented: ORS
				  292.495, ORS
				  576.206(7)
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and
			 necessary" means that a travel or other expense:
(a) Is an actual expense incurred by a member
			 in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 646-040-0130  and OAR 646-040-0140, the
			 Oregon Salmon Commission shall provide to a qualified member of the Oregon
			 Salmon Commission:
(a) Per diem compensation
			 equal to the per diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 646-040-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Salmon Commission
			 shall provide to a non-qualified member of the Oregon Salmon Commission who is
			 not employed in full-time public service per diem compensation equal to the per
			 diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the non-qualified member is
			 actually engaged in the performance of official duties.
(2) In accordance with the procedures set
			 forth in OAR 646-040-0140, the Oregon Salmon Commission shall provide to a
			 non-qualified member of the Oregon Salmon Commission reimbursement of actual
			 and necessary travel or other expenses actually incurred in the performance of
			 a non-qualified member's official duties within the limits provided in Oregon
			 Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Salmon Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Salmon
			 Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Salmon Commission no later than the 15th day of the calendar month
				following the end of the quarter for which the member seeks compensation. For
				example, a claim for compensation for July 1 - September 30 must be submitted
				by October 15. The member must specify the amount of time the member spent
				performing official duties, as well as the nature of the official duties
				performed, for any day or portion thereof for which the member claims
				compensation.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 646-040-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 member must submit a written, itemized claim for reimbursement of actual and
			 necessary travel or other expenses to the Oregon Salmon Commission by the 15th
			 day of the calendar month following the end of the quarter for which the member
			 seeks expense reimbursement. For example, claims for reimbursement for expenses
			 incurred July 1 - September 30 must be submitted by October 15. The claim for
			 reimbursement must include the following information for each expense:
(a) Date on which the member incurred the
			 expense;
(b) Nature of the expense;
			 and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 1 - PROCEDURAL RULES › Section 647-001-0000 - Notice Rule for Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any rule the Oregon
				Processed Vegetable 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 Processed Vegetable
			 Commission mailing list established pursuant to ORS
			 183.335(7) 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) The Capital Press; and
(c) Capitol Press Room
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 10 - RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS › Section 647-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, association, partnership or joint stock
			 company.
(2) "Commission" means the
			 Oregon Processed Vegetable Commission.
(3) "First Purchaser" means any person who
			 buys any of the named vegetable crops from the producer in the first instance,
			 or handler who receives the vegetables in the first instance from the producer
			 for resale for processing.
(4)
			 "Producer" means a person or other legal entity producing the named vegetable
			 crops in Oregon for processing, whether as a landowner, landlord, tenant,
			 sharecropper or otherwise.
(5)
			 "Handler" means any producer, processor, distributor or other person engaged in
			 handling or marketing of or dealing in any of the named vegetable crops,
			 whether as owner, agent, employee, broker or otherwise.
(6)
(a)
			 Vegetables as described under the Oregon Processed Vegetable Commission include
			 the following species:
(A) Beans,
Phaseolus vulgaris
L (including green, wax and romano, but not
			 dry beans);
(B) Sweet Corn,
Zea May
L (or other types of corn processed for human
			 consumption);
(C) Table Beet,
Beta Vulgaris
L;
(D) Carrot,
Daucus carota
L;
(E) Broccoli,
Brassica
			 Boleracea
L Italica group;
(F) Cauliflower,
Boleraces
L
			 Botrytis group.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 10 - RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS › Section 647-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Any first purchaser shall deduct and withhold an
				assessment of the following amounts from each of the above named vegetable
				crops:
(a)  Beans - $1.00 per ton based on the net weight of the beans
				delivered.
(b)  Sweet Corn - $0.4660 per ton based on the gross weight of
				the sweet corn delivered.
(c)  Table Beets - $0.000 per ton based on the net weight of the
				table beets delivered.
(d)  Carrots - $0.500 per ton based on the net weight of the
				carrots delivered.
(e)  Broccoli - $3.000 per ton based on the net weight of the
				broccoli delivered.
(f)  Cauliflower - $1.000 per ton based on the net weight of the
				cauliflower delivered.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 10 - RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS › Section 647-010-0015 - Reports and Payment of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise exempt or provided by regulation, a first
				purchaser or handler shall forward to the Commission so that the forms are
				postmarked on or before December 31st of each year on all delivered product of
				all commodities or within 15 days after delivery on late harvested carrots or
				cauliflower after the December 31 date completed and signed Commission approved
				forms covering all purchases of the above named vegetables for processing made
				by him immediately preceding the reporting dates. "Reporting Period", for
				purpose of this section means: December 31st of each year or within 15 days
				after delivery on late harvested carrots or cauliflower.
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 10 - RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS › Section 647-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys (ORS
				576.355) "In addition to the
				penalties prescribed in ORS
				576.991, any person who delays
				transmittal of funds beyond the time set by a Commission shall pay a penalty of
				10 percent of the amount due and shall also pay one and one-half percent
				interest per month on the unpaid balance of the assessment."
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 10 - RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS › Section 647-010-0025 - Effective Dates of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a first purchaser or
				handler, as required by ORS Chapter 576 and OAR
				647-010-0010(1)
 
				-- Assessments, or the reports required under OAR
				647-010-0015 -- Reports and Payment of Assessment Moneys, applies to and covers any
				purchases by him or delivery on or after July 25, 1985, of the above named
				vegetables for processing and grown in Oregon.
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 647-015-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Processed Vegetable Commission will consist of 11
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term of three years or, if for a term following a prior term for that
				person, ending three years from the date of expiration of any prior
				term.
Statutory/Other Authority: 2003 OL Ch. 604 & ORS
				  576
Statutes/Other Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 647-015-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) "Producer"
			 means a person growing or producing within this state or procuring within the
			 state, its rivers or the offshore waters, but not the Columbia River, for
			 commercial handling within the state, a commodity for market, or receiving a
			 share thereof as landowner, landlord, tenant, sharecropper, boat skipper or
			 otherwise. A producer must have paid the commission assessment on the commodity
			 in each of the preceding three calendar years.
(b) "Handler" means any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the Commission assessment, if any, each of the
			 preceding three calendar years.
(c)
			 "Commission" means the Oregon Processed Vegetable Commission.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 647-015-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may recommend that the Director of the
				Department of Agriculture remove a commissioner from office and declare the
				position vacant for cause, including, but not limited to, the following
				reasons:
(1) Two unexcused absences,
			 or other neglect of duty in office;
(2) Use of the Commission appointment for
			 financial gain or to avoid financial detriment;
(3) Unauthorized use or disclosure of
			 confidential information;
(4)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(5) Misappropriation or
			 misuse of commission funds;
(6)
			 Failure to satisfy one or more qualifications for appointment.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7)
			 that require each public body to publish its methods for the public to obtain
			 information and in order to implement the provisions of ORS
			 192.318 to provide reasonable rules necessary for the protection of Oregon Processed
			 Vegetable Commission records and to prevent interference with the regular
			 discharge of the commission duties, the commission adopts the procedures set
			 forth in this division. Procedures for review of any denial of public records
			 requests, or fee waiver or reduction, shall be in accordance with the
			 provisions of ORS
			 192.311 to
			 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at 9320 SW Barbur Blvd, Suite 130, Portland, OR 97219.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission
			 may request additional information or clarification from a requester of public
			 records for the purpose of expediting the commission's response to the
			 request.
(2) Within five business
			 days after receiving the request, the commission shall acknowledge receipt of
			 the request or complete the response to the request. An acknowledgment under
			 this subsection must:
(a) Confirm that the
			 commission is the custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission is not required to comply
			 with the time periods set forth in this division if the commission finds that
			 compliance would be impracticable because:
(a)
			 The staff or volunteers necessary to complete a response to the public records
			 request are unavailable, on leave, or are not scheduled to work; or
(b) Compliance would demonstrably impede the
			 commission's ability to perform other necessary services; or
(c) Of the volume of public records requests
			 being simultaneously processed by the commission.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 20 - RULES FOR PUBLIC RECORDS REQUESTS › Section 647-020-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person requesting a fee waiver or reduction from the commission must submit
			 a completed Fee Waiver or Reduction Request Form available from the commission
			 to the commission at the address provided in 647-020-020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206 &
				  576.416.
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311,
				  576.416 &
				  576.440
Stats. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495.
Stats. Implemented: ORS
				  292.495,
				  576.206(7)
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and necessary" means that a
			 travel or other expense:
(a) Is an actual
			 expense incurred by a member in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 647-040-0130  and OAR
			 647-040-0140, the Oregon Processed Vegetable Commission shall provide to a
			 qualified member of the Oregon Processed Vegetable Commission:
(a) Per diem compensation equal to the per
			 diem paid to members of the Legislative Assembly under ORS 171.072, for each
			 day or portion thereof during which the qualified member is actually engaged in
			 the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 647-040-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Processed
			 Vegetable Commission shall provide to a non-qualified member of the Oregon
			 Processed Vegetable Commission who is not employed in full-time public service
			 per diem compensation equal to the per diem paid to members of the Legislative
			 Assembly under ORS 171.072, for each day or portion thereof during which the
			 non-qualified member is actually engaged in the performance of official
			 duties.
(2) In accordance with the
			 procedures set forth in OAR 647-040-0140, the Oregon Processed Vegetable
			 Commission shall provide to a non-qualified member of the Oregon Processed
			 Vegetable Commission reimbursement of actual and necessary travel or other
			 expenses actually incurred in the performance of a non-qualified member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
(3) A non-qualified
			 member of the Oregon Processed Vegetable Commission may decline to accept
			 compensation or reimbursement of expenses related to the non-qualified member's
			 service on the Oregon Processed Vegetable Commission.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Processed Vegetable Commission no later than the 15th day of the
				calendar month following the month for which the member seeks compensation. For
				example, a claim for compensation for May 1 and May 10 must be submitted by
				June 15. The member must specify the amount of time the member spent performing
				official duties, as well as the nature of the official duties performed, for
				any day or portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 647 - DEPARTMENT OF AGRICULTURE, OREGON PROCESSED VEGETABLE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 647-040-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A member must submit a written, itemized claim for reimbursement of actual and
			 necessary travel or other expenses to the Oregon Processed Vegetable Commission
			 no later than the 15th day of the calendar month following the month in which
			 the member incurred the expense. For example, a claim for compensation for May
			 1 and May 10 must be submitted by June 15. The claim for reimbursement must
			 include the following information for each expense:
(a) Date on which the member incurred the
			 expense;
(b) Nature of the expense;
			 and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 1 - PROCEDURES FOR NOTICES OF PROPOSED RULEMAKING › Section 648-001-0010 - PROCEDURES FOR NOTICES OF PROPOSED RULEMAKING

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Hemp Commission will give notice of the intended action:
(1) By causing the notice to be published 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 providing a copy of the notice to
			 persons on the Oregon Hemp Commission's interested parties list established
			 pursuant to ORS 183.335(7) at least 28 days before the effective date of the
			 rule;
(3) By providing a copy of
			 the notice to the legislators specified in ORS 183.335(14) at least 49 days
			 before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in a
			 commission's rulemaking and publications whose readers have an interest in
			 commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0020 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
All Producers and Vertically Integrated Producers shall pay to
				the Commission the Assessment at the following rates:
(1) Hemp biomass used for cannabinoid
			 extraction: 1% of the Dollar Value;
(2) Hemp biomass used as fiber for textiles,
			 rope, paper, plastics, hempcrete, or other building or fiber materials: 1% of
			 the Dollar Value;
(3) Hemp biomass
			 used as animal feed: 1% of the Dollar Value;
(4) Hemp biomass used for flower: 1% of the
			 Dollar Value;
(5) Hemp seed for
			 planting: 1% of the Dollar Value;
(6) Hemp seed used as grain: 1% of the Dollar
			 Value;
(7) Hemp seedlings,
			 cuttings, clones: 1% of the Dollar Value;
(8) Hemp seed for human consumption: 1% of
			 the Dollar Value; and
(9) Hemp seed
			 for pressing or processing into oil: 1% of the Dollar Value.
Statutory/Other Authority: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447 - 571.501
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0030 - Effective Dates of Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
The Assessment required by OAR 648-010-0020, and the Assessment
				Report required by OAR 648-010-0040  applies to all Hemp produced in Oregon and
				Sold Commercially or Transferred Internally, except for Hemp that Is subject to
				a Casual Sale, on or after January 1, 2023.
Statutory/Other Authority: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447 - 571.501