reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, the Attorney General
				adopts the Attorney General's Model Rules of Procedure under the Administrative
				Procedures Act as amended and effective January 1, 2008.
Stat. Auth.: ORS
				  183.341(2)
				  & 183.341(4)
Stats. Implemented: ORS
				  183.341(2),
				  183.341(4)
				  & 183.390
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0010 - Fees for Public Records and Publications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The
			 Department of Justice may charge a fee reasonably calculated to reimburse the
			 department for costs of providing and conveying copies of public records. The
			 department shall charge 25¢ per page for the first 20 pages and 15¢
			 per page thereafter for black and white copies and 70¢ per page for the
			 first 20 pages and 60¢ per page thereafter for color copies to recover the
			 costs of photocopying and normal and reasonable staff time to locate, separate,
			 photocopy and return document(s) to file and to prepare/mail public record(s)
			 to requestors. If, for operational or other reasons, the Department uses the
			 services of an outside facility or contractor to photocopy requested records,
			 the department shall charge the actual costs incurred.
(b) "Page" refers to the number of copies
			 produced, either 8 1/2 x 11 or 8 1/2 x 14. Staff will not reduce the copy size
			 or otherwise manipulate records in order to fit additional records on a page,
			 unless staff concludes that it would be the most effective use of their time.
			 Consistent with ORS 192.240, all copies will be
			 double-sided. A double-sided copy consists of two pages. Because of the
			 increased staff time involved in double-sided copying, there is no reduction in
			 the per page fee.
(c) "Normal and
			 reasonable" staff time is 10 minutes or less per request.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0015 - Fees for Mailing, Faxing Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Justice may charge
			 requestors to recover actual postage costs for mailing of records. When mailing
			 voluminous records or responding to special requests, the department shall
			 charge, in accordance with OAR 137-008-0010(2), for staff time required to
			 prepare the records for mailing, in addition to actual postage.
(2) When faxing records to requestors, the
			 Department of Justice shall charge $1 per page for in-state faxes. The
			 department shall charge $5 for the first page of out-of-state faxes and $1 per
			 page thereafter. The department limits the number of pages it will fax to 30
			 pages.
Stat. Auth.: ORS
				  192.430(2)
				  & ORS 192.440(3)
Stats. Implemented: ORS
				  192.440(3)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0020 - Fees for Electronic Reproduction of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Justice shall charge
			 $45 per hour, with a $15.00 minimum, for the staff time required to fill public
			 record requests that require electronic reproduction. Charges include time
			 spent locating, downloading, formatting, copying, scanning, and transferring
			 records to media.
(2) The
			 department will provide reproduction media at the following rates:
(a) DVDs or CDs: $1/ea.
(b) Video Cassettes, 2 hours:
			 $6/ea.
(c) Audio Cassettes:
			 $2/ea.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0100 - 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 ORS 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 (8) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6) (9) 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; or
(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; or
(c) Mediation in which the only parties are
			 public bodies; or
(d) Mediation in
			 which two or more public bodies and a private entity are parties 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 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0120 - Confidentiality and Inadmissibility of Workplace Interpersonal 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 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 be 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)-(l) of section (7) of this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0125 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may contract for the services of special legal
				assistants or private counsel to provide legal services otherwise required by
				law to be performed by the Attorney General. These rules specify the screening
				and selection procedures the Department will use to select individuals or
				entities to perform such services.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5)
				  & 279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0130 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 137, division 009, these terms have
				the following meanings:
(1) "Advocate"
			 means the Advocate for Minority, Women and Emerging Small Businesses as defined
			 in OAR Chapter 125.
(2) "Attorney
			 General" means the Attorney General of the State of Oregon.
(3) "Contractor" means an individual or
			 entity that is obligated under a contract with the Department to provide legal
			 services required by law to be performed by the Attorney General.
(4) "Department" means the Department of
			 Justice of the State of Oregon.
(5)
			 "Deputy" means the Deputy Attorney General, appointed by the Attorney General
			 to that position pursuant to ORS
			 180.130.
(6) "Designated Practice Areas" means subject
			 matter areas generally recognized within the legal profession as requiring
			 specialized knowledge of a particular field of law.
(7) "Lowest Overall Cost" means the lowest
			 cost to the state taken as a whole including the prospective Contractor's
			 hourly rates (or other billing methods), available resources, expertise, and
			 ability to accomplish an optimal, timely outcome to a particular
			 matter.
(8) "Master Agreement"
			 means a document that contains contractual provisions that will be included in
			 certain future contracts between the parties. Each future contract will provide
			 detail on scope of services, delivery terms, not-to-exceed amounts and other
			 items necessary to establish a definite contract. A Master Agreement is not a
			 contract, but is a document of understanding between the Department and an
			 individual or entity.
(9) "ORPIN"
			 means the on-line electronic Oregon Procurement Information Network
			 administered by the State Procurement Office, as further defined on OAR
			 125-246-0500, or its successor.
(10) "Self Search" means a search of the
			 Advocate's list of certified firms for firms that meet the Solicitation
			 requirements, using the Advocate's Self Search tool which is available at:
			 http://www4.cbs.state.or.us/ex/dir/omwesb/ [File Link Not Available].
(11) "Solicitation" means a written or oral
			 request for offers, proposals, statements of qualifications, or other
			 information from individuals or entities.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5)
				  & 279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0135 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The policy of the Department is to select Contractors in an
				expeditious and efficient manner that is consistent with the goal of delivering
				highly competent legal services at the Lowest Overall Cost to the State of
				Oregon.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5)
				  & 279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0140 - Methods for Selecting Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will use one of the
			 following methods to select a Contractor:
(a)
			 The Department may select a Contractor from a list of individuals or entities
			 established for a Designated Practice Area as set forth in OAR
			 137-009-0145.
(b) The Department
			 may select a Contractor from a group of proposers within a Designated Practice
			 Area as set forth in OAR 137-009-0147.
(c) The Department may select a Contractor
			 from a group of proposers to a specific matter Solicitation as set forth in OAR
			 137-009-0150.
(d) The Department
			 may select a Contractor through direct negotiation as set forth in OAR
			 137-009-0160.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0145 - Procedure to Develop Lists of Individuals or Entities under Master Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may use a Solicitation to request proposals or information that
			 describes general or specific legal services to be performed within a defined
			 period of time. The purpose of such a Solicitation is to establish a list of
			 individuals or entities under Master Agreements for a specified period of time
			 to provide legal services within Designated Practice Areas as requested by the
			 Department and agreed to by the individual or entity.
(a) The Department shall provide notice of
			 the Solicitation on ORPIN or in any other manner the Department deems
			 appropriate to provide notice to a sufficient number of individuals or entities
			 to develop adequate lists of available individuals or entities.
(b) The Department shall provide notice of
			 the Solicitation to the Advocate in accordance with ORS
			 200.035 and this subsection. The
			 Department may satisfy the requirement for notice to the Advocate by posting
			 the notice on ORPIN for at least five calendar days prior to selection. The
			 Department may also provide notice to the Advocate by any of the following
			 Advocate approved methods:
(A) Faxing notice
			 of Solicitation to the Advocate; or
(B) E-mailing notice of Solicitation to the
			 Advocate; or
(C) Performing a Self
			 Search with notice of results to the Advocate.
The notice form is available at:
				http://www.governor.oregon.gov/Gov/MWESB/index.shtml [File Link Not
				Available]
No waiting period is imposed, prior to selection, when using
				the fax or e-mail method.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0147 - Solicitation to Engage a Contractor to Provide Legal Services within a Designated Practice Area

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may use a Solicitation to request proposals to
				provide legal services within a Designated Practice Area:
(1) The Department may provide notice of the
			 Solicitation in any manner the Department deems appropriate to provide notice
			 to a sufficient number of individuals or entities, but in no event shall notice
			 of a Solicitation under this section be provided to fewer than three
			 prospective proposers.
(2) The
			 Department shall provide notice of the Solicitation to the Advocate in
			 accordance with ORS 200.035 and subsection (1)(b) of
			 OAR 137-009-0145.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5),
				  200.035 &
				  279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0150 - Solicitation to Engage a Contractor to Provide Legal Services for a Specific Matter

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may use a Solicitation to request proposals to
				provide legal services on a specific matter:
(1) The Department may provide notice of the
			 Solicitation in any manner the Department deems appropriate to provide notice
			 to a sufficient number of individuals or entities, but in no event shall notice
			 of a Solicitation under this section be provided to fewer than three
			 prospective proposers.
(2) The
			 Department shall provide notice of the Solicitation to the Advocate in
			 accordance with ORS 200.035 and subsection (1)(b) of
			 OAR 137-009-0145.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5),
				  200.035 &
				  279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0155 - Criteria for Selection of Contractor under OAR 137-009-0145, 137-009-0147, and 137-009-0150

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department decides to select a Contractor from a list of individuals or
			 entities developed pursuant to OAR 137-009-0145, or from among the proposers to
			 a Solicitation under 137-009-0147  or 137-009-0150, the Department will use the
			 evaluation process described in this section.
(2) The Department will make its selection
			 decision based on an evaluation of factors that the Department determines
			 appropriate in any particular instance, which may include, without limitation:
(a) The experience and level of expertise of
			 Contractor and Contractor's available personnel, as determined by the
			 Department, in the Designated Practice Area and for the type of legal services
			 the Department requires;
(b)
			 Whether the Contractor's available personnel possess any required licenses or
			 certifications required to perform the legal services for the specific matter,
			 such as licenses to practice law in the appropriate jurisdiction, or licenses
			 to appear in a certain forum;
(c)
			 The legal and business constraints or requirements, if any, imposed by
			 particular characteristics of the matter for which the Department seeks legal
			 services;
(d) The extent and nature
			 of any likely conflicts of interest that exist or could arise if Contractor
			 provided legal services with respect to a particular matter;
(e) The training, expertise, temperament,
			 style and experience of the particular Contractor personnel available to
			 perform work on the specific matter and the training, expertise, temperament,
			 style and experience of the particular State of Oregon agency personnel that
			 will be working on the matter with the Contractor's personnel;
(f) Recommendations of subject matter
			 experts, such as client agency representatives with special knowledge or
			 insights into necessary or desirable non-legal knowledge or
			 background.
(g) Lowest Overall
			 Cost; or
(h) Other factors the
			 Department considers relevant to the selection of a Contractor to provide
			 particular legal services.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0160 - Direct Negotiation and Contracting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may directly negotiate and
			 enter into contracts with Contractors to provide legal services without
			 following the procedures set forth in OAR 137-009-0145  through 137-009-0155  in
			 the following circumstances:
(a) The
			 contract's maximum consideration does not exceed $25,000;
(b) The subject matter of the representation
			 is highly confidential, and there is a substantial risk that the interests of
			 the State of Oregon or the Department would be adversely affected by a more
			 public Solicitation;
(c) The
			 subject matter of the representation is highly time sensitive, and there is a
			 substantial risk that the interests of the State of Oregon or the Department
			 would be adversely affected by any delay in obtaining a Contractor;
(d) The cost of the representation will be
			 borne in whole or in part by a nonstate entity and the nonstate entity has a
			 legal right to influence selection of legal counsel; or
(e) Any other situation in which the Attorney
			 General or the Deputy determines that the interests of the Department or the
			 State of Oregon are best served by direct negotiation and contracting with
			 Contractors.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 9 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS FOR ATTORNEYS › Section 137-009-0165 - Repealed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
As required by Or Laws 2003, chapter 794, section 334, OAR
				137-009-0000, 137-009-0005, 137-009-0010, 137-009-0045, 137-009-0060,
				137-009-0065, 137-009-0100 and 137-009-0120 are repealed.
Stat. Auth.: ORS
				  180.140(5),
				  183.310(9)
				  & 279A.025(2)(j)
Stats. Implemented: ORS
				  180.140(5)
				  & 279A.025(2)(j)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0005 - General Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Charitable organizations, including trustees of charitable remainder trusts,
			 which hold property for charitable purposes over which the State or the
			 Attorney General has enforcement or supervisory power are required to register
			 with the Charitable Activities Section of the office of the Attorney General.
(2) Charitable organizations are
			 not required to register under this section if:
(a) The charitable organization is exempt
			 under ORS 128.640; or
(b) The charitable organization has not
			 received property for charitable purposes; or
(c) The organization is an educational
			 institution which does not hold property in this state and solicitations of
			 individuals residing in this state are confined to alumni of the institution;
			 or
(d) A trustee of a charitable
			 remainder trust is also the sole charitable beneficiary of the trust estate.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0010 - Contents of General Registration Statement

Current through Register Vol. 63, No. 7, July 1, 2024
Every registration statement filed pursuant to the general
				registration and reporting provisions of ORS Chapter 128 shall set forth in
				detail the following information to the extent requested by the Attorney
				General:
(1) Name and contact
			 information for the charitable organization subject to the Act, including
			 mailing address, telephone number, facsimile number, email address, and website
			 address.
(2) Employer
			 Identification Number.
(3) Type of
			 organization and type of instrument creating or governing the charitable
			 organization, date of instrument, and where filed, including date and state of
			 filing of articles of incorporation. Governing documents shall be attached and
			 identified by title in the registration statement.
(4) Names, position, and contact information
			 for trustees, corporate officers and directors, key officials or employees, or
			 other charitable fiduciaries, including telephone number, mailing address, and
			 email address.
(5) Purpose of the
			 charitable organization.
(6)
			 Accounting year adopted by the charitable organization.
(7) Names and addresses of beneficiaries
			 designated by the instrument governing the charitable organization.
(8) The charitable organization's primary
			 county of operations, principle place of business or administration, or similar
			 information.
(9) Information about
			 the organization's tax-exempt status, including the status of any IRS
			 application and a copy of any IRS determination letter.
(10) Information about any fundraising
			 contracts to which the charitable organization is a party and any charitable
			 gaming activity conducted by the charitable organization.
(11) Information about whether the
			 organization or its fiduciaries are parties to any voluntary agreements,
			 administrative actions, or legal actions relating to charitable solicitations,
			 charitable administration, or fiduciary practices.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.650
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0015 - General Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Charitable organizations required to
			 register under OAR 137-010-0005  shall submit annual reports to the Charitable
			 Activities Section of the office of the Attorney General.
(2) Charitable organizations are not required
			 to complete and file a financial reporting form as described in OAR
			 137-010-0020  if the reporting requirements have been suspended by the Attorney
			 General as to a particular charitable organization pursuant to ORS
			 128.670(3).
(3) When a charitable organization
			 is terminated or dissolved, a final report shall be filed with the Attorney
			 General showing the disposition of all remaining assets.
(4) The annual reports shall be on forms as
			 specified in OAR 137-010-0020.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  128.670
Stats. Implemented: ORS
				  128.670
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0020 - Contents of Annual Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 complete annual report for a charitable organization incorporated,
			 headquartered, or organized in a state other than Oregon, including outside of
			 the United States, shall include a completed Attorney General's form CT-12F.
(2) A complete annual report for a
			 trust with both charitable and non-charitable beneficiaries shall include a
			 completed Attorney General's form CT-12S.
(3) A complete annual report for a charitable
			 organization incorporated, organized, or headquartered in Oregon or not
			 described in OAR 137-010-0020(1) or (2)  shall include a completed Attorney
			 General's form CT-12.
(4) A
			 complete annual report is required to also include:
(a) A copy of all year-end, federal reporting
			 forms, schedules and attachments filed with the Internal Revenue Service for
			 the same period, such as a form 990, 990EZ, 990PF, or 5227. Organizations are
			 not required to provide copies of a 990N (epostcard) filing if they otherwise
			 provide confirmation that a 990N return was filed with the IRS.
(b) A copy of the independent auditor's
			 report on the corporation's financial records and accompanying financial
			 statements and other attachments if such an audit was prepared.
(c) Updates to information requested in the
			 registration statement, information regarding legal actions as described in OAR
			 137-010-0010(1), information on whether the organization is ceasing operations
			 in Oregon, and information related to a determination of applicable filing
			 requirements under ORS
			 128.610 to
			 128.769.
(d) Information related to revenues,
			 expenditures, and assets, including information necessary to the determination
			 or calculation of applicable fees.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0030 - Payment of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Payment of
			 Fees. Each charitable organization filing a report required by this Act shall
			 pay to the Department of Justice, with each such report, a fee based in part on
			 the total amount of the organization's income and receipts during the period
			 covered by the report and in part on its fund balance at the close of the
			 report period as provided in the schedule set forth below. References to "total
			 amount of its income and receipts" shall mean total revenue or income as
			 defined by Internal Revenue Service form 990, 990EZ, 990-PF or 5227, and, if no
			 financial return is filed, shall mean the total amount of revenue the
			 organization received from all sources. References to "fund balance" shall mean
			 net assets or fund balances as defined by Internal Revenue Service form 990,
			 990-EZ, 990-PF, or 5227.
(a) The fee based on
			 total amount of income and receipts is as follows in the table below: [Table
			 not included. See ED. NOTE.]
(b)
			 The fee based on the organization's fund balance is one-hundredth of one
			 percent of the fund balance at the close of the calendar or fiscal year covered
			 by the report. Fund balances in excess of $20 million or less than $50,000
			 shall not be subject to the fund balance fee. A charitable organization's fixed
			 assets used for operations are excluded from its fund balance. The fee shall be
			 rounded off to whole dollars; amounts under 50 cents shall be dropped and
			 amounts from 50 cents to 99 cents shall be increased to the next dollar.
(c) The fees described in
			 paragraphs 1(a) and (b) above apply to organizations' 2016 report year and
			 subsequent years. The fee schedule in effect on December 31, 2015 will apply
			 for report years 2015 and earlier or to reports received prior to the effective
			 date of the revised fee schedule set forth in paragraphs 1(a) and (b) above.
			 The fee schedule for report years 2015 and earlier is available from the
			 Department.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0032 - Disqualification Orders

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 128.760, the Attorney General may issue an order disqualifying a charitable organization from receiving contributions that are deductible as charitable donations for the purpose of Oregon income tax and corporate excise tax if the Attorney General finds that the organization has failed to expend at least 30 percent of the organization's total annual functional expenses on program services when those expenses are averaged over the most recent three fiscal years for which the Attorney General has reports containing expense information.
(1) The calculation of program services expenses and total functional expenses shall be based on the amounts of program services expenses and total functional expenses identified by the organization in the organization's Internal Revenue Service ("IRS") form 990 return or equivalent return required to be filed as part of the organization's report to the Attorney General.
(2) Pursuant to ORS 128.760, a disqualification order may not be issued if the organization meets any of the following criteria:
(a) The organization is a private foundation as defined in section  509 of the Internal Revenue Code, as in effect on October 7, 2013.
(b) The organization is a community trust or foundation operating as described in 26 C.F.R. 1.170A-9(f)(10) and (11), as in effect on October 7, 2013.
(c) The organization is a qualified charitable remainder trust described in section  664 of the Internal Revenue Code, as in effect on October 7, 2013.
(d) The organization does not qualify to receive tax deductible contributions. This includes organizations that hold IRS 501(c)(4) status.
(e) The organization is not required to file annual reports with the Attorney General.
(f) The organization is not required to file an Internal Revenue Service form 990 return or an equivalent Internal Revenue Service return.
(g) The organization receives less than 50 percent of the organization's total annual revenues from contributions or grants identified in accordance with Internal Revenue Service form 990 or an equivalent form.
(h) The organization has been in existence for less than four years, based upon the date of incorporation or organization.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0033 - Imposition of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any other action allowed by law, the Attorney General may impose a
			 civil penalty of not more than $2,000 in connection with any violation of ORS
			 128.610 to
			 128.769 or related rules,
			 including but not limited to:
(a) Failing to
			 file the registration statement required under ORS
			 128.660;
(b) Failing to file an annual report required
			 under ORS 128.670, including any required
			 attachments;
(c) Failing to pay
			 any fee required under ORS
			 128.670;
(d) Willfully making a false or misleading
			 statement in a registration statement, annual report, or other document
			 required to be filed under ORS
			 128.610 to
			 128.769;
(e) Willfully failing to provide the Attorney
			 General, in a timely manner, upon request, documents or information necessary
			 for the Attorney General to:
(A) Substantiate
			 representations, statements, or information contained in a registration
			 statement, annual report or other document filed pursuant to ORS
			 128.610 to
			 128.769;
(B) Establish and maintain the register
			 required under ORS 128.650; or
(C) Establish that a charitable organization
			 has properly applied charitable funds received by the organization; or
(f) Failing to appear
			 or otherwise comply with an order issued under ORS
			 128.690.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0034 - Mitigating and Aggravating Factors to be Considered

Current through Register Vol. 63, No. 7, July 1, 2024
In establishing the amount of any civil penalty to be imposed,
				the Attorney General may consider the following factors and shall cite those
				found applicable:
(1) The past
			 history of the charitable organization or charitable fiduciary in connection
			 with compliance with the requirements of ORS
			 128.610 to
			 128.769 and timely filing of
			 required reports or documentation.
(2) Whether the cause of the violation was
			 unavoidable, or was due to negligence or the willful or intentional act of the
			 charitable organization or charitable fiduciary.
(3) The opportunity and degree of difficulty
			 to correct the violation.
(4) The
			 cooperativeness and efforts made by the charitable organization or charitable
			 fiduciary to correct the violation for which the civil penalty is to be
			 imposed.
(5) The cost to the
			 Department of Justice and time involved in investigation and correspondence
			 prior to the time the violation is actually corrected.
(6) Any other relevant factor.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.670(8)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0040 - Place of Filing

Current through Register Vol. 63, No. 7, July 1, 2024
Registration and annual reports required under ORS Chapter 128
				shall be submitted to the Charitable Activities Section, Oregon Department of
				Justice, 1515 S.W. 5th, Suite 410, Portland, Oregon
				97201-5451.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.650,
				  128.660,
				  128.670,
				  128.802,
				  128.804,
				  128.807,
				  128.812,
				  128.821,
				  128.826 &
				  128.841
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0041 - Model APA Rules and Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney General's Model Rules of
			 Procedure Under the Administrative Procedures Act, effective March 2015, are by
			 this reference adopted as the rules and procedures for carrying out the
			 applicable administrative provisions of the Charitable Solicitations Act (ORS
			 128.801 to
			 128.898 and
			 128.995) and ORS
			 128.610 to
			 128.769 and
			 128.896), except as otherwise
			 specifically provided herein.
(2)
			 As used in the Charitable Solicitations Act and these rules, solicitation
			 "campaign" means the day the first solicitation, as defined in ORS
			 128.801(6), is
			 made until the later of the following dates:
(a) The last day a solicitation is made; or
(b) The day that an entertainment
			 event, if any, occurs in conjunction with the solicitations.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0043 - Denial of Registration or Revocation of Registration of Commercial Fund Raising Firm or Professional Fund Raising Firm

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After notice and opportunity for hearing
			 as provided in ORS 183.310 et seq., the Attorney
			 General may deny registration or revoke any registration issued to a commercial
			 fund raising firm or professional fund raising firm. The Attorney General shall
			 deny the registration within ten days of receipt of a completed application or
			 the registration shall be deemed to be approved. A hearing shall be granted
			 within 30 days of receipt of a written request for a hearing from the
			 applicant.
(2) The Attorney General
			 may revoke a firm's registration or deny a registration application if the
			 Attorney General finds:
(a) A material
			 misrepresentation or false statement in the application for registration or
			 other statement filed with the Attorney General, as provided in the Charitable
			 Solicitations Act or these rules; or
(b) Any material violation of ORS
			 128.821 to
			 128.861,
			 128.886 and
			 128.891 or the rules adopted by
			 the Attorney General pursuant to the Charitable Solicitations Act.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0044 - Refund of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Any refund of $10 or less of a filing fee paid pursuant to the
				Charitable Solicitations Act or the Charitable Trust and Corporation Act shall
				be made only upon a written request from a representative of the organization
				which overpaid the fee. Unless the Department of Justice, in its discretion,
				agrees to waive the fee, the department shall retain a fee of $25 to process
				refunds of overpayments of fees paid pursuant to ORS
				128.670(7). The
				department is not required to process refunds as described above, if the amount
				of the refund due does not exceed $25.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.670
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0045 - Professional Fund Raising Firm Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Professional fund raising firm" means
			 any sole proprietorship, partnership, corporation or any other legal entity,
			 organized for profit or as a nonprofit mutual benefit corporation, who, for
			 compensation or other consideration, manages or conducts the solicitation of
			 funds, not including commercial fund raising solicitations, on behalf of any
			 nonprofit organization.
(2)
			 Professional fund raising firm status is evidenced by one or more of the
			 following characteristics:
(a) Access to
			 contributions or other receipts from a solicitation and/or authority to pay
			 expenses associated with the solicitation, including amounts owed to the
			 professional fund raising firm or third party vendors;
(b) Conducting direct solicitations of
			 pro-spective donors, whether in person or by telephone and whether such
			 solicitations are performed personally or through employees or
			 agents;
(c) Advising nonprofit
			 organizations with regard to the volume, targeting, duration or content of a
			 direct mail solicitation campaign and also having primary responsibility for
			 the campaign's production.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0050 - Professional Fund Raising Firm Registration and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person required by Section 17,
			 Chapter 532, Oregon Laws 1991 to register as a professional fund raising firm
			 shall pay an annual registration fee as provided in that section and shall
			 complete and file Form PF-20, "State of Oregon Annual Registration Statement of
			 Professional Fund Raising Firm" with the Attorney General. This procedure shall
			 apply to both new registrations and registration renewals. In addition to the
			 items listed in Section 17, a completed form shall include a confirmation that
			 the applicant has registered with the Oregon Secretary of State's Corporation
			 Division, if it is a foreign corporation, and has registered any assumed
			 business names with that same office, if such registrations are required by ORS
			 60.701.
(2) At least ten days prior to undertaking
			 each solicitation campaign, a professional fund raising firm shall complete and
			 file Form PF-21, "Professional Fund Raising Firm Solicitation Campaign Notice",
			 as required by Section 18, Chapter 532, Oregon Laws 1991.
(3) Professional fund raising firms required
			 by Section 21, Chapter 532, Oregon Laws 1991, to file financial reports shall
			 complete and file Form PF-22, "Professional Fund Raising Firm Solicitation
			 Campaigns Financial Reports" with the Attorney General.
(4) A person who conducts activities as both
			 a commercial fund raising firm and a professional fund raising firm may operate
			 under either registration.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.802, ORS
				  128.804 & ORS
				  128.812
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 10 - GENERAL CHARITABLE ORGANIZATION REGISTRATION AND REPORTING REQUIREMENTS › Section 137-010-0055 - Commercial Fund Raising Firm Registration and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person required by ORS
			 128.821 to register as a
			 commercial fund raising firm shall pay an annual registration fee as provided
			 in ORS 128.821 and shall complete and
			 file Form PF-10, "State of Oregon Annual Registration Statement of Commercial
			 Fund Raising Firm", with the Attorney General. This procedure shall apply to
			 both new registrations and registration renewals. In addition to the items
			 listed in ORS 128.821(3) a
			 completed form shall include a confirmation that the applicant has registered
			 with the Oregon Secretary of State's Corporation Division, if it is a foreign
			 corporation, and has registered any assumed business names with that same
			 office.
(2) At least ten days prior
			 to undertaking each solicitation campaign, a commercial fund raising firm shall
			 complete and file Form PF-11, "Commercial Fund Raising Firm Solicitation
			 Campaign Notice", as required by ORS
			 128.826.
(3) Commercial fund raising firms required by
			 ORS 128.841 to file financial
			 reports shall complete and file Form PF-12, "Commercial Fund Raising Firm
			 Solicitation Campaign Financial Report", with the Attorney General.
(4) A person who conducts activities as both
			 a commercial fund raising firm and a professional fund raising firm may operate
			 under either registration.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  128.876
Stats. Implemented: ORS
				  128.821, ORS
				  128.826 & ORS
				  128.841
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 15 - NONPROFIT HOSPITAL CONVERSION › Section 137-015-0005 - Transfer of Nonprofit Hospital Assets

Current through Register Vol. 63, No. 7, July 1, 2024
The party to whom a hospital transfer is to be made, as
				described in ORS 65.803(1),
				shall pay to the Attorney General an application fee, which shall accompany the
				application, for costs in reviewing and evaluating the proposed transaction. No
				application shall be considered by the Attorney General until the appropriate
				fee is received. The amount of the fee shall be calculated as described in
				paragraphs (1) and (2).
(1) For each
			 of the following types of transactions the fee shall be:
(a) For a transfer or exchange as described
			 in ORS 65.803(1)(a) or
			 (b) from one charitable entity to another
			 existing unrelated charitable entity -- $7,500;
(b) For a whole hospital joint venture
			 between two unrelated charitable entities -- $10,000;
(c) For a transfer or exchange as described
			 in ORS 65.803(1)(a) or
			 (b) from a charitable entity to a
			 noncharitable entity -- $30,000; and
(d) For a whole hospital joint venture
			 between a charitable entity and a noncharitable entity -- $50,000.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 15 - NONPROFIT HOSPITAL CONVERSION › Section 137-015-0010 - Amendment of the Hospital Transfer Order

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				65.809(2), the
				Attorney General may approve a proposed hospital transaction with conditions.
				In the event the party to whom the transfer is made determines that, due to
				unforeseen circumstances, the conditions of the order should be amended, the
				party shall make application to the Attorney General for amendment of the prior
				order.
(1) The application for
			 amendment shall be accompanied by an application fee equal to 10% of the
			 original application fee or $1,000, whichever is greater. The terms for payment
			 of the fee to the Attorney General and reimbursement of any excess fee to the
			 applicant shall be the same as provided in OAR 137-015-0005.
(2) A request for an amendment shall include
			 a description of each proposed amendment, a description of the change in
			 circumstance requiring each such amendment, a description of how each such
			 amendment is consistent with the Attorney General's conditioned approval of the
			 transaction, and a description of the efforts of the entity making the request
			 to avoid the need for amendment.
(3) In considering whether to grant the
			 request for amendment, the Attorney General shall follow the same public
			 hearing procedures as described in ORS
			 65.807 and shall issue an order
			 according to the same time constraints as provided in ORS
			 65.809(1) with
			 regard to the initial application.
Stat. Auth.: ORS
				  65.815
Stats. Implemented: ORS
				  65.813(3)