reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 1 - PROCEDURAL RULES › Section 440-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure, OAR 137-001-0005  through
				137-001-0100, in effect on January 1, 2006, as promulgated by the Attorney
				General of the State of Oregon under the Administrative Procedures Act are
				adopted as the rules of procedure for rulemaking actions of the Department of
				Consumer and Business Services except the Workers' Compensation Board and
				except as otherwise adopted by an administrative division or staff office of
				the Department created under ORS
				705.115.
The full text of the Attorney General's Model Rules of
				  Procedures is available from the Office of the Attorney General or the
				  Department of Consumer and Business
				  Services.
Stat. Auth.: ORS
				  183.341 &
				  705.135
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 1 - PROCEDURAL RULES › Section 440-001-9001 - Division of Financial Regulation Scope of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever any rule, order, document, record or proceeding refers
				to the Oregon Insurance Division or the Division of Finance and Corporate
				Securities, the reference is considered to be a reference to the Division of
				Financial Regulation. The substitution of the Division of Financial Regulation
				for the Oregon Insurance Division and the Division of Finance and Corporate
				Securities does not affect any legal rights, responsibilities, or obligations
				of the Director, Divisions or any licensee or registrant. The substitution of
				the Division of Financial Regulation for the Oregon Insurance Division and the
				Division of Finance and Corporate Securities does not affect the rules
				currently or previously adopted by the Oregon Insurance Division contained in
				Oregon Administrative Rule chapter 836 or the rules currently or previously
				adopted by the Division of Finance and Corporate Securities contained in Oregon
				Administrative Rule chapter 441.
Stat. Auth.: 705.135
Stat. Implemented: 705.115
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0001 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The director has adopted OAR 440-005-0001  to 440-005-0030  by
				the director's authority under ORS
				192.430,
				192.440,
				656.726,
				697.732,
				731.244,
				731.282,
				731.284 and
				731.804.
Stat. Auth.: ORS
				  192.430,
				  192.440,
				  656.726,
				  697.732,
				  731.244,
				  731.282,
				  731.284 &
				  731.804
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0005 - Applicability of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 440-005-0001  to 440-005-0030  apply to all public records of
				the Department of Consumer and Business Services (department), and govern the
				application of ORS 192.410 to
				192.505 to these
				records.
Stat. Auth.: ORS
				  192.430,
				  192.440,
				  656.726,
				  697.732,
				  731.244,
				  731.282,
				  731.284 &
				  731.804
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0015 - Access to Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director, in carrying out responsibilities under ORS 192 as custodian of public
			 records, shall make restrictions and take precautions necessary to protect the
			 integrity of the records and prevent interference with the regular discharge of
			 the department's duties.
(2) Public
			 records of the department may be inspected or examined during the normal
			 working days and hours of the offices of the department at which the records
			 are kept. The inspection or examination shall take place at the main office, a
			 field office, or any other reasonable location designated by the
			 director.
(3) Access to and
			 disclosure of the public records are subject to ORS
			 192.410 to
			 192.505,
			 654.120,
			 697.732,
			 706.720,
			 722.419,
			 731.264,
			 731.312,
			 734.650,
			 734.830,
			 744.245 and any other references
			 establishing an exemption to disclosure of public records.
Stat. Auth.: ORS
				  192.430,
				  192.440,
				  656.726,
				  697.732,
				  731.244,
				  731.282,
				  731.284 &
				  731.804
Stats. Implemented: ORS
				  192.430,
				  192.440,
				  192.502,
				  654.120,
				  697.732,
				  706.720,
				  722.419,
				  731.264 &
				  731.312
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0020 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or obtain copies of
			 a public record or information from public records may be made in writing, in
			 person, or by phone. Written requests shall include:
(a) Contact information, such as name,
			 mailing address, telephone number, and e-mail address of the
			 requestor.
(b) A sufficiently
			 detailed description of the records requested to allow the department to search
			 for and identify records.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0025 - Payment for Inspection and Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who is receiving a copy of a
			 public record or information from a public record shall pay for the
			 department's actual cost for:
(a) Staff time
			 necessary to locate and handle the records, to delete material exempt from
			 disclosure and to supervise the inspection by the requester;
(b) Producing the copy or the information;
			 and
(c) Other supplies or services
			 necessary to furnish the copy or information.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 5 - ACCESS OF PUBLIC RECORDS, FEES FOR RECORD SEARCH AND COPIES OF PUBLIC RECORDS › Section 440-005-0030 - Fees and Miscellaneous Charges

Current through Register Vol. 63, No. 7, July 1, 2024
The director establishes fees and miscellaneous charges in
				agency policy, reviewed periodically to ensure all charges reflect no more than
				the actual cost of producing and processing. The department posts current fees
				and charges on its Web site: http://egov.oregon.gov/DCBS/records_request.shtml
				[File Link Not Available]. This information is also available by calling or
				writing the department.
Stat. Auth.: ORS
				  192.430,
				  192.440,
				  656.726,
				  697.732,
				  731.244,
				  731.282,
				  731.284 &
				  731.804
Stats. Implemented: ORS
				  192.440,
				  731.282,
				  731.284 &
				  731.804
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0210 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0230 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0260 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0270 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0272 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0275 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0285 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0290 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 7 - Repealed › Section 440-007-0300 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  705.135
Stats. Implemented: ORS
				  705.141 &
				  181.534
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 15 - CONFLICT OF INTEREST › Section 440-015-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 implement ORS 705.135(3). The
			 purpose of these rules is to identify the circumstances under which employees
			 of the Department may or may not become indebted to or hold any interest in an
			 entity subject to the regulation of the Department.
(2) These rules also provide for the
			 reporting of such indebtedness or interests by employees for the purpose of
			 preventing or resolving possible conflicts of interest.
(3) These rules are in addition to, and not
			 in lieu of, the provisions of ORS Chapter 244, ORS
			 731.228, and any other statutes,
			 rules, and policies applicable to indebtedness, financial interests, and
			 conflicts of interest of employees of the Department.
Stat. Auth.: ORS
				  705.135
Stats. Implemented: ORS 244,
				  705.135
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 15 - CONFLICT OF INTEREST › Section 440-015-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules:
(1) "Department" means the Department of
			 Consumer and Business Services.
(2)
			 "Director" means the director of the Department.
(3) "Designated position" means a position in
			 the Department listed or designated under OAR 440-015-0110(2).
Stat. Auth.: ORS
				  705.135
Stats. Implemented: ORS 244,
				  705.135
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 15 - CONFLICT OF INTEREST › Section 440-015-0115 - Reporting of Indebtedness and Interests

Current through Register Vol. 63, No. 7, July 1, 2024
If the director or a division administrator believes that a
				Department employee is engaged in a conflict of interest, or is in a situation
				that has the potential of being or of appearing to be a conflict of interest,
				in violation of the provisions of ORS Chapter 244, ORS
				731.228, or any other statutes,
				rules, and policies applicable to indebtedness, financial interests, or
				conflicts of interest of employees of the Department, the Director or
				administrator may require the employee to complete a financial disclosure form
				prescribed by the Director. The Director or division administrator may also
				reassign the employee's duties to eliminate the potential conflict or take any
				other reasonable actions necessary to resolve the potential
				conflict.
Stat. Auth.: ORS
				  705.135
Stats. Implemented: ORS 244,
				  705.135
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 20 - LICENSING › Section 440-020-0010 - Purpose of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Consumer and Business Services is required by
				ORS 25.785 to record an applicant's
				social security number in order to issue or renew an occupational,
				professional, recreational or driver license, certification, permit or
				registration subject to suspension under
				25.750 to
				25.783. The purpose of these
				rules is to establish requirements and procedures for requiring the applicant
				to provide a social security number and requirements for applicants who have
				not been issued a social security number by the United States Social Security
				Administration.
Stat. Auth.: ORS
				  705.135
Stats. Implemented: ORS
				  25.785
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 20 - LICENSING › Section 440-020-0015 - Requirements and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise set forth in this rule, no division of the Department of
			 Consumer and Business Services will issue or renew an occupational,
			 professional, recreational or driver license, certification, permit or
			 registration subject to suspension under ORS
			 25.750 to
			 25.783 unless an applicant
			 provides his or her social security number on the application or renewal form.
			 The applicant need not provide the social security number on the application
			 for renewal if the applicant's social security number has previously been
			 provided to the agency and is in the record.
(2) If an applicant has not been issued a
			 social security number by the United States Social Security Administration, the
			 Department of Consumer and Business Services will accept a written statement
			 from the applicant to fulfill the requirements of section (1). The applicant
			 need not provide this statement with the application for renewal if the
			 statement has previously been provided to the agency and is in the record. Any
			 written statement submitted must:
(a) Be
			 signed by the applicant
(b) Attest
			 to the fact that no social security number has been issued to the applicant by
			 the United States Social Security Administration
(c) Acknowledge that knowingly supplying
			 false information under this section is a Class A misdemeanor, punishable by
			 imprisonment of up to one year and a fine of up to $6250.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 45 - PREMIUM ASSESSMENT › Section 440-045-0010 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The director has adopted OAR 440-045-0010  to 440-045-0030  by
				the director's authority under ORS
				705.135,
				656.612,
				656.614, and
				656.726.
Stat. Auth.: ORS
				  705.135 & ORS
				  656.726
Stats. Implemented: ORS
				  656.612 & ORS
				  656.614
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 45 - PREMIUM ASSESSMENT › Section 440-045-0015 - Applicability of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 440-045-0010  to 440-045-0030  apply to the assessments
				levied by the director under the authority of ORS
				656.612 and
				656.614 against insurers' direct
				earned workers' compensation premiums and the direct earned premium
				self-insured employers and self-insured employer groups would have paid had
				they been insured employers in a manner as prescribed in OAR 436, division
				085.
Stat. Auth.: ORS
				  705.135 & ORS
				  656.612
Stats. Implemented: ORS
				  656.612 & ORS
				  656.614
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 45 - PREMIUM ASSESSMENT › Section 440-045-0020 - Assessment Rate

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be levied against insurers, self-insured
				employers and self-insured employer groups for Calendar Year 2023 shall be 9.8
				percent of direct earned premium and the direct earned premium self-insured
				employers and self-insured employer groups would have paid had they been
				insured employers.
Statutory/Other Authority: ORS 656.612, 656.726 &
				  705.135
Statutes/Other Implemented: ORS 656.612 &
				  656.614
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 45 - PREMIUM ASSESSMENT › Section 440-045-0025 - Adjustment Reserve Rate

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the assessments established in OAR 440-045-0020,
				self-insured employers for the Calendar Year 2023 shall be assessed an
				additional 0.1 percent to fund the Self-Insured Employer Adjustment Reserve.
				Public self-insured employer groups for the Calendar Year 2023 shall be
				assessed an additional 0.1 percent to fund the Self-Insured Employer Group
				Adjustment Reserve. Private self-insured employer groups for the Calendar Year
				2023 shall be assessed an additional 0.5 percent to fund the Self-Insured
				Employer Group Adjustment Reserve.
Statutory/Other Authority: ORS 656.612, 656.726 &
				  705.135
Statutes/Other Implemented: ORS 656.612 &
				  656.614
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 45 - PREMIUM ASSESSMENT › Section 440-045-0030 - Payment Manner and Intervals

Current through Register Vol. 63, No. 7, July 1, 2024
The manner and intervals for payments of the Workers'
				Compensation Premium Assessment is delegated to the Workers' Compensation
				Division. OAR 436 division 085 prescribe such manner and
				intervals.
Stat. Auth.: ORS
				  705.135 & ORS
				  656.612
Stats. Implemented: ORS
				  656.612 & ORS
				  656.614
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 55 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 440-055-0008 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been
			 filed;
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 55 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 440-055-0010 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials.This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5)
Disclosures by
			 Mediator
. A mediator may not disclose or be compelled to disclose
			 mediation communications in a mediation and, if disclosed, such communications
			 may not be introduced into evidence in any subsequent administrative, judicial
			 or arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 100 - JUDGEMENTS, EXECUTION AND GARNISHMENT › Section 440-100-0010 - Appeal Period after Garnishment Challenge Denied

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may, at its discretion, utilize garnishment
				proceedings in accordance with ORS Chapter 18 for the purpose of collecting
				unpaid debts. If a debtor challenges the garnishment and the department, upon
				review of the claim, determines such debtor is not entitled to an exemption,
				the debtor may request a contested case hearing before an administrative law
				judge of the Office of Administrative Hearings in accordance with
				18.902. To be valid, the hearing
				request must be in writing and must be received by the department within 60
				days of the date on the face of the Response to Challenge to Garnishment letter
				issued by the department.
Stat. Auth.: ORS
				  705.135
Stats. Implemented: ORS
				  18.902
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 150 - Quarantine Time Loss Program › Section 440-150-0001 - Quarantine Time Loss Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
(a) "Employee" means a person working in
			 Oregon and who was employed when they were directed to quarantine or isolate by
			 a public health official or health care provider due to Coronavirus Disease
			 2019 (COVID-19), or experiencing COVID-19 symptoms and isolating while seeking
			 medical diagnosis, and who is subject to income tax withholding requirements
			 under ORS 316.162.
(b) "Department"
			 means the Department of Consumer and Business Services.
(c) "Director" means the director of the
			 Department.
(d) "Health care
			 provider" has the meaning given that term in ORS 433.443(1)(b).
(e) "Local public health authority" has the
			 meaning given that term in ORS 431.003.
(f) "Quarantine" has the meaning given that
			 term in ORS 433.001.
(g) "Isolation
			 or isolate" has the meaning given that term in ORS 433.001.
(h) "Public health officer" means an
			 individual employed by or under contract with a state or local public health
			 authority or a tribe who has the authority to direct or order that an
			 individual quarantine or isolate.
(i) "State public health authority" means the
			 Oregon Health Authority, Public Health Division.
(j) "Tribe" means a federally recognized
			 Oregon tribe.
(k) "Qualified
			 employee" means an employee eligible to receive quarantine time loss payments
			 under sections (2) and (3) of this administrative rule.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Director adopts by reference, for all programs administered
				by the Division of Financial Regulation, the Attorney General's Model Rules of
				Procedure as published in the Oregon Attorney General's Administrative Law
				Manual dated January 1, 2006.
Statutory/Other Authority: ORS
				  59.285,
				  59.900,
				  192.845,
				  645.205,
				  646.396,
				  650.050,
				  697.085,
				  697.632,
				  705.730,
				  706.790,
				  717.310,
				  723.102,
				  725.505,
				  725.625 &
				  726.260
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0010 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 when acting in an emergency to adopt a temporary rule in accordance with ORS
			 183.335(5),
			 before any proposed adoption, amendment, or repeal of an administrative rule in
			 this chapter or in chapter 440, division 35, 200 or 300, the Director will give
			 prior notice as required in ORS
			 183.335(1).
(2) In addition to the notice described in
			 section (1) of this rule, depending upon the subject matter of the proposal,
			 notice may be given to licensed entities, organizations affiliated with
			 regulated industries, publishers of industry publications, and the
			 media.
(3) Any person receiving
			 notice of rulemaking under this rule may request notice be sent to that person
			 electronically.
Stat. Auth.:
				  59.285,
				  59.900,
				  192.845,
				  645.205,
				  646A.266,
				  650.050,
				  697.085,
				  697.632,
				  705.730,
				  706.790,
				  717.310,
				  723.102,
				  725.505,
				  725.625,
				  726.260
Stats. Implemented:
				  183.335
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0020 - Mailing List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 documents will be mailed to persons who request placement on the mailing list
			 for the Division of Financial Regulation and pay an initial fee of $30 and a
			 biennial renewal fee of $30 on or before January 1 of each odd-numbered year
			 thereafter:
(a) Proposals to adopt, amend, or
			 repeal rules;
(b) Adopted
			 rules;
(c) Legislation initiated by
			 the Director (initial bill only); and
(d) Enacted legislation affecting the
			 statutes administered by the Director.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0030 - Contested Case Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for appeals to courts of appropriate jurisdiction from decisions of the
			 Director under ORS
			 707.080,
			 707.150 or
			 707.180,
			 a person shall be considered as timely requesting a contested case hearing for
			 any program administered by the Division of Financial Regulation if the written
			 request for hearing is received by the Director within the time specified in
			 the notice or proposed order served on the person. The time specified in the
			 notice or proposed order shall be as stated in the applicable program's
			 statutes or if none, in ORS Chapter 183.
(2) A contested case notice, in addition to
			 the notice requirements of ORS
			 183.415(2),
			 may include a statement that the record of the proceeding to date including
			 information in the division file automatically becomes part of the contested
			 case record upon default for the purpose of proving a prima facie
			 case.
(3) No later than 60 days
			 after the expiration of the time for requesting a hearing, a party may request
			 a hearing by filing a request and an affidavit which:
(a) Shows the failure to request a hearing
			 was due to mistake, inadvertence, surprise, or excusable neglect; and
(b) Sets forth a meritorious defense to the
			 matters contained in the order.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0040 - Requests for Opinions and Interpretations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this rule, a "request
			 for opinion or interpretation" is defined as an informal inquiry requesting
			 confirmation of the existence of an exemption, or requesting interpretation or
			 advice on the applicability of any law administered by the Division of
			 Financial Regulation.
(2) The
			 intent of this rule is to formalize the opinion procedures so requests for
			 opinions can be handled expeditiously.
(3) All requests for opinions and
			 interpretations must:
(a) Be in writing,
			 mailed or delivered to the Department of Consumer and Business Services,
			 Division of Financial Regulation, 350 Winter Street N.E., Room 410, PO Box
			 14480, Salem, Oregon 97309-0405 or faxed to 503-947-7862;
(b) Concisely state the question or show all
			 operative facts including the reason why the opinion or interpretation is
			 requested; and
(c) Contain an
			 analysis of the law applicable to the facts.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 1 - PROCEDURAL RULES › Section 441-001-0050 - Refund of Monies Paid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule pursuant to ORS
			 293.445 provides for the refund of monies paid to the Department of Consumer and
			 Business Services to which the Department has no legal interest, or in excess
			 of the amount legally due when paid for any program administered by the
			 Division of Financial Regulation.
(2) Refunds exceeding $25 shall be made
			 without a written request. If the refund owed is $25 or less, within 3 years of
			 making the payment the person who paid the money or that person's legal
			 representative must make a written request for the refund.
(3) Fees paid for an application that is
			 subsequently withdrawn, abandoned, or denied shall not be refunded.
Statutory/Other Authority: ORS
				  59.285,
				  59.900,
				  192.845,
				  645.205,
				  646.396,
				  650.050,
				  697.085,
				  697.632,
				  705.730,
				  706.790,
				  717.310,
				  723.102,
				  725.505,
				  725.625 &
				  726.260
Statutes/Other Implemented: ORS
				  293.445
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 5 - APPLICATION FOR CERTIFICATE OF COMPLIANCE › Section 441-005-0010 - Application For Certificate Of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To apply for a certificate from the
			 Director to indicate that use of a requested name or intended activity is in
			 compliance with the Bank Act and ORS chapters 59, 645, 705, 717, 725 and 726, a
			 company shall submit:
(a) A letter request to
			 the Director describing the company's business,
(b) The names, dates of birth and home
			 addresses of all executive officers, directors and principals of the company,
			 or persons holding similar positions; and
(c) Supporting documentation evidencing the
			 company's organization as a financial institution, including but not limited
			 to:
(A) The company's business plan;
(B) A copy of the charter or comparable
			 documents from the jurisdiction where the company is organized, if applicable;
			 and
(C) The articles of
			 incorporation or proposed articles of incorporation or similar documents of
			 organization.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 11 - GENERAL PROVISIONS › Section 441-011-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in divisions 011 through 325 have the meaning given them in ORS
			 183.310.
(2) "Director" means the director of the
			 Department of Consumer and Business Services.
(3) "Department" means the Department of
			 Consumer and Business Services.
(4)
			 "Person" includes individuals, partnerships, corporations, associations, firms,
			 and joint stock companies.
Stat. Auth.: ORS 69.285 & ORS 183
Stats. Implemented: ORS
				  59.015
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 11 - GENERAL PROVISIONS › Section 441-011-0020 - Waiver by the Director

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may, either upon request or upon the Director's
				motion, waive or modify the application of any particular rule to a particular
				person when, in the Director's opinion just and reasonable cause exists for
				such action and the waiving or modifying of such rule would not be contrary to
				the provisions of the Oregon Securities Law, Oregon Commodities Law, Oregon
				Franchise Law or to the public interest.
Stat. Auth.: ORS
				  59.285
Stats. Implemented: ORS
				  59.285
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 11 - GENERAL PROVISIONS › Section 441-011-0040 - Financial Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 financial statements required by any rule or official form of the Department of
			 Consumer and Business Services, Division of Financial Regulation, shall be
			 prepared in accordance with generally accepted accounting principles. Financial
			 statements prepared in accordance with the requirements of the Securities and
			 Exchange Commission shall satisfy this requirement.
(2) Unless otherwise accepted by the Director
			 or specified by rule, order, or form, the financial statements shall include a
			 current Statement of Financial Position (Balance Sheet); current Statement of
			 Operations (Profit and Loss Statement); and a current Statement of Changes in
			 Financial Position (Source and Application of Funds Statement) for each of the
			 two fiscal years preceding the date of the balance sheet, and for the period,
			 if any, between the close of the last fiscal year and the date of the balance
			 sheet. As a general guideline, financial statements as of a date within 90 days
			 prior to the date of filing shall be deemed to be current.
(3) An application for registration of
			 securities pursuant to ORS
			 59.065,
			 other than interests in a limited partnership, shall include audited financial
			 statements in the following cases:
(a) All
			 offerings of securities in which the aggregate offering price exceeds
			 $1,000,000;
(b) All offerings of
			 bonds, notes, evidence of indebtedness, preferred stock or other securities
			 requiring fixed or contingent periodic payments or amortization, where the
			 aggregate offering price exceeds $100,000.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0005 - Self-Executing Registration Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The
			 securities listed in ORS
			 59.025 are exempt from
			 registration or notice filing requirements. Sales of securities listed in
			 59.025 may only be effected through licensed persons, unless a person is
			 otherwise exempted by statute or rule. Except as provided in subsection (b) no
			 filing or fee is required to utilize any registration exemption in 59.025.
(b) A renewable energy cooperative
			 corporation must file with the director the information required under OAR
			 441-025-0125  in order to rely upon the exemption provided in ORS
			 59.025(12).
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  59.025(4) &
				  ORS 59.285
Stats. Implemented: ORS
				  59.025(4)
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0020 - Manual Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
Securities maintaining the following ratings by publishers of
				securities manuals are approved for the purpose of the exemption from
				registration in subsection (5) of ORS
				59.025:
(1) Ratings of BBB or better for debt
			 securities, and ratings of F-3 or better for commercial paper by Fitch
			 Investors Service, Inc.
(2)
			 Ratings of Baa or better for debt securities and ratings of P-3 or better for
			 commercial paper by Moody's Investors Service.
Stat. Auth.: ORS
				  59.285
Stats. Implemented: ORS
				  59.025
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0030 - Employee Benefit Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The terms of an employee benefit plan are fair, just, and
				equitable for the purposes of ORS
				59.025(12)(b)
				if it is a plan of an employee-owned enterprise.
Stat. Auth.: ORS
				  59.285
Stats. Implemented: ORS
				  59.025(12)
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0040 - Charitable Securities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person
			 may offer and sell Charitable Remainder Annuity Trusts, Charitable Remainder
			 Unitrusts, and Pooled Income Funds and be exempt from the provisions of ORS
			 59.055 if:
(a) The person is exempt from federal
			 taxation under the provisions of
Section 501(c)(3)
of the
Internal Revenue Code
; and
(b) The Charitable Remainder Trusts and the
			 Pooled Income Funds qualify under the requirements of
Section 664
or
Section 642
of the
Internal Revenue Code
and all other applicable provisions and regulations thereof.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0050 - Additional Exempt Employee Benefit Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 59.025(15), securities issued in connection with an employee benefit plan are exempt from registration if the plan:
(1) Is subject to or voluntarily complies with Title I of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§
									1001-1191c;
(2) Meets the requirements of Section  403(b) of the Internal Revenue Code, 26 U.S.C. §
									403(b); or
(3) Does not permit employee contributions.
Stat. Auth.: ORS
				  59.285
Stats. Implemented: ORS
				  59.025
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0060 - Memberships in a Non-profit Cooperative

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to authority in ORS
				59.025(14), the
				director exempts any certificate evidencing membership issued by a non-profit
				cooperative that meets all of the following criteria:
(1) The issuing cooperative is formed
			 pursuant to ORS 62.800 to
			 62.815;
(2) The issuing cooperative owns or leases
			 land in Oregon on which manufactured dwellings are or will be
			 located;
(3) Only a natural person
			 who owns and occupies a manufactured dwelling that is located on land owned or
			 leased by the issuing cooperative may be issued a membership
			 certificate;
(4) The issuing
			 cooperative issues not more than one membership certificate for any space lease
			 in the cooperative, regardless of the number of occupants in the manufactured
			 dwelling located on the space.
(5)
			 The issuing cooperative sets the price of membership at a reasonable level, not
			 to exceed $1,000; and
(6) Each
			 membership certificate includes a condition that requires the certificate must
			 be returned to the cooperative in exchange for no more than the price
			 originally paid by the purchasing individual upon termination of the
			 individual's membership in the cooperative.
Stat. Auth.: ORS
				  59.285
Stats. Implemented: ORS
				  59.025(14)
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0120 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of 441-025-0121  through 441-025-0124, the
				following definitions apply unless the context requires otherwise:
(1) "Accredited investor" has the same
			 meaning as that term is defined under OAR 441-035-0010.
(2) "Capital stock" means a proportional part
			 of a renewable energy cooperative corporation's capital that may show a
			 person's respective interests in or entitlement to assets, reserves or
			 dividends, if authorized by the articles of incorporation, but does not show a
			 member's right to vote in matters affecting the governance of the renewable
			 energy cooperative corporation, unless authorized by applicable law.
(3) "Project" includes conducting studies as
			 to the feasibility of a potential facility, as well as the planning, design,
			 construction and operation of a discrete facility to generate electricity from
			 renewable energy sources.
(4)
			 "Renewable energy cooperative corporation" has the same meaning as that term is
			 used in ORS 59.025.
(5) "Membership share" includes membership
			 certificates and membership stock as defined in ORS
			 62.015, but does not include
			 capital stock.
(6) "Well-defined
			 community" means:
(a) One or more adjacent
			 precincts, districts, cities, counties or other boundaries defined by the state
			 or a unit of local government or by a state or local government agency; or
(b) Individuals with a common bond
			 of occupation or association, including family members.
(A) With the approval of the Director, a
			 well-defined community based upon a common bond or association may include
			 individuals residing or working in the city or county where the renewable
			 energy facility will be located or where the cooperative is headquartered.
(B) Approval for an enhanced
			 community must be granted prior to any offer of membership or security interest
			 to a member of the enhanced community.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 25 - SECURITIES EXEMPT FROM REGISTRATION › Section 441-025-0121 - General Requirements for Renewable Energy Cooperative Corporations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 rely on the exemption under ORS
			 59.025(12), a
			 renewable energy cooperative corporation must:
(a) Have a certificate of existence issued by
			 the Oregon Secretary of State pursuant to ORS
			 62.065 and be in good standing;
(b) Meet all the conditions set
			 out in 441-025-0122;
(c) Provide
			 the disclosures in the manner required by 441-025-0123; and
(d) Make any required filings under
			 441-025-0125.