reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions describe terms within the context of
				their application to Municipal Audit Law.
(1)  "Independent Auditor" means the Accountants whose names are
				included in the roster prepared and maintained by the Oregon Board of
				Accountancy and defined in ORS 297.405.
(2)  "Municipal Audit Law" means the laws enacted by the Oregon
				Legislature and prescribed in Oregon Revised Statutes (ORS) Chapter 297.405 to
				297.740 and 297.990.
(3)  "Municipal Corporation" means any public entity subject to
				audit defined in ORS 297.405.
(4)  "Cash basis or modified cash basis" means a basis of
				accounting that the entity uses to record cash receipts and disbursements and
				modifications of the cash basis having substantial support, such as recording
				depreciation on capital assets. The cash basis of accounting is the only
				special purpose framework allowable under Oregon law.
(5)  "Fiscal year" means for a municipal corporation with the
				power to impose ad valorem property taxes, the fiscal year commencing on July 1
				and ending on June 30, and for all other municipal corporations, an accounting
				period of 12 months ending on the last day of any month.
(6)  "Documentation" means the written record of procedures
				performed, relevant evidence obtained, and conclusions the independent auditor
				reached.
(7)  "Governing body" means the city council, board of
				commissioners, board of directors, county court or other managing board of a
				municipal corporation including a board managing a municipality owned public
				utility or a dock commission.
(8)  "Management" means the person(s) with executive
				responsibility for the conduct of the municipal corporation's operation and may
				include some or all of those charged with governance; for example the elected
				or appointed public officials.
(9)  "Legally adopted budget" means the statutory budget
				required by Oregon law prescribed on ORS Chapter 294.305 to 294.565 (Local
				Budget Law) and intergovernmental entities formed under ORS Chapter 190.
(10)  "Expenditures" for the purpose of ORS 297.435 and 297.485 and throughout OAR 162-010 and 162-040 includes the amount reported as expenses
				on the government-wide Statement of Activities; or, in the case of a municipal
				corporation that reports only proprietary funds, expenditures include total
				operating and non-operating expenses reported on the proprietary fund operating
				statement.
Statutory/Other Authority: ORS 297
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0030 - Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
Municipal Audit Law requires audits be performed pursuant to a
				contract between the independent accountant and the governing body, or managing
				or executive officer, of the municipal corporation. Laws governing contracts
				are prescribed in the Oregon Public Contracting Code, ORS Chapters 279A, 279B,
				and 279C.
Statutory/Other Authority: ORS 297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0050 - Financial Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The GASB is recognized as the standard-setting authority of
				GAAP for state and local governments. As such, fair presentation of financial
				position and results of operations in conformity with GAAP for Oregon municipal
				corporations are those financial statements, notes thereto, and supporting
				information consistent with GASB Statements and Interpretations and the
				hierarchy of GAAP applicable to state and local governments established by the
				AICPA and adopted by GASB.
(2)  Since the focus of accounting in a governmental unit is
				the individual fund, the financial statements to be presented in the municipal
				corporation's annual report must also include nonmajor fund combining
				statements and individual fund statements/schedules.
(3)  Compliance with municipal audit law includes financial
				statements prepared on the cash basis or modified cash basis of
				accounting.
(4)  If information necessary to prepare the financial
				statements, or any of them individually, is not readily available or is not
				maintained by the municipal corporation appropriate disclosure must be made in
				the auditor's report.
Statutory/Other Authority: ORS 297
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0115 - Required Supplementary Financial Information (RSI)

Current through Register Vol. 63, No. 7, July 1, 2024
For financial statements presented in accordance with GAAP, the
				Governmental Accounting Standards Board has determined that certain statements,
				schedules, statistical data, or other information are necessary to supplement,
				although not required to be a part of, the basic financial statements. These
				standards do not place any additional responsibilities upon the independent
				auditor beyond those required by generally accepted auditing standards and OAR
				162-10-0020(9)(c).
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0120 - Supplementary Financial Information (SI)

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to financial statements, notes and required
				supplementary information thereto, certain other financial information is
				considered necessary for full disclosure of the fiscal affairs of Oregon
				municipal corporations. Whenever appropriate, audit reports must contain the
				other financial information set forth in OAR 162-010-0130  through 162-010-0140 or reasonable combinations thereof. If information necessary to prepare these
				schedules, or any of them individually, is not readily available or is not
				maintained by the municipal corporation appropriate comments to that effect
				shall be included in the audit report. If appropriate, these schedules may be
				included in the notes to the financial statements.
Statutory/Other Authority: ORS 297
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0130 - Schedule of Revenues, Expenditures/Expenses, and Changes in Fund Balances/Net Assets/Net Position, Budget and Actual (Each Fund)

Current through Register Vol. 63, No. 7, July 1, 2024
An individual schedule of receipts/revenues,
				expenditures/expenses, and changes in fund balances/net position, budget and
				actual, must be prepared for each fund of any municipal corporation for which
				budgets are legally required. They must compare estimated with actual revenues
				or receipts, transfers in, expenditures or disbursements, transfers out and
				ending balances on the basis of the legally adopted budget. If the municipal
				corporation has made appropriations in a manner which differs materially from
				the presentation of estimated expenditures in the budget document, a separate
				schedule must be included which compares actual expenditures/expenses with the
				legally adopted appropriations.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0140 - Schedule of Accountability for Independently Elected Officials

Current through Register Vol. 63, No. 7, July 1, 2024
A schedule of accountability must be prepared for each
				independently elected official collecting or receiving money on behalf of the
				municipal corporation. This schedule is to present, at a minimum, beginning
				balances, receipts, disbursements, refunds, and turnovers to the appropriate
				governmental official, reconciled to cash on hand at the beginning and end of
				the audit period.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0190 - Other Financial or Statistical Information (OI)

Current through Register Vol. 63, No. 7, July 1, 2024
The report may include such other financial or statistical
				information as desired by the municipal corporation, including financial
				statements relating specifically to programs funded wholly or partially by
				other governmental agencies.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0200 - Independent Auditor's Review of Fiscal Affairs

Current through Register Vol. 63, No. 7, July 1, 2024
Each audit report shall contain appropriate comments and
				disclosures relating to the independent auditor's review of fiscal affairs and
				compliance with legal requirements. These comments and disclosures shall, at a
				minimum, reference the subjects set forth in OAR 162-010-0230  through
				162-010-0320. The independent auditor is required to prepare working papers
				that show a clear understanding of the procedures performed, the evidence
				obtained and its source, and the conclusions reached to support each
				disclosure.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  328.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0230 - Accounting Records and Internal Control

Current through Register Vol. 63, No. 7, July 1, 2024
The independent auditor shall state in a separately issued
				by-product report, that in planning the audit, he or she followed generally
				accepted auditing standards in obtaining an understanding of the entity and its
				internal control over financial reporting. If significant deficiencies,
				material weaknesses or other recommendations for improvements have been
				communicated in a separate letter to management or in a report issued in
				accordance with
Government Auditing Standards
, the independent
				auditor shall file a copy of the letter with the Secretary of State within 30
				days of delivering the report to the municipal corporation.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0240 - Public Fund Deposits

Current through Register Vol. 63, No. 7, July 1, 2024
There shall be comments regarding the municipal corporation's
				compliance with ORS Chapter 295 -
Depositories of Public Funds and
				Securities
.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0250 - Indebtedness

Current through Register Vol. 63, No. 7, July 1, 2024
There shall be comments regarding the municipal corporation's
				compliance relating to short-term and long-term debt. These comments shall
				include limitations on the amount of debt which may be incurred, liquidation of
				debt within the prescribed period of time, and compliance with provisions of
				bond indentures or other agreements, including any restrictions on the use of
				moneys available to retire indebtedness.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0260 - Budget

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with legal requirements relating to the preparation,
				adoption, and execution of the annual or biennial budget for the year being
				audited, and the preparation and adoption of the budget for the next succeeding
				year shall be disclosed. The auditor shall also disclose the financial or
				organizational level at which the governing body makes the annual
				appropriations. The minimum levels of legal appropriation are established in
				ORS 294.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0270 - Insurance and Fidelity Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with legal requirements and the government's
				policies relating to insurance and fidelity bond coverage shall be disclosed.
				Recommendations for further review of coverage by qualified individuals may be
				included, if appropriate.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0280 - Programs Funded from Outside Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Compliance with appropriate laws, rules,
			 and regulations pertaining to programs funded wholly or partially by other
			 governmental agencies shall be disclosed. This would include, but not
			 necessarily be limited to, state and federal governmental agencies. Material
			 instances of noncompliance must be sufficiently disclosed to enable the
			 municipal corporation and the appropriate governmental agencies to initiate
			 corrective action.
(2) If separate
			 reports have been issued to disclose compliance with federal financial
			 assistance programs under the Single Audit Act Amendments of 1996 (the Single
			 Audit Act), then reference to those reports is required in this
			 disclosure.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0295 - Highway Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with legal requirements, (as contained in Article
				IX, section 3a of the Oregon Constitution), pertaining to the use of revenue
				from taxes on motor vehicle use and fuel shall be disclosed. The auditor shall
				also disclose compliance with statutory requirements pertaining to the use of
				road funds (as contained in ORS 294, 368, and 373).
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0300 - Investments

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with legal requirements, (as contained in ORS
				Chapter 294), pertaining to the investment of public funds shall be
				disclosed.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0310 - Public Contracts and Purchasing

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with Public Contracting Code, ORS Chapters 279A,
				279B and 279C pertaining to: The awarding of public contracts; and the
				construction of public improvements shall be disclosed.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0315 - State School Fund

Current through Register Vol. 63, No. 7, July 1, 2024
There shall be comments regarding the school district's
				compliance with legal requirements as stated in ORS
				327.013 and as further defined
				by the Oregon State Department of Education pertaining to the district's
				calculation and reporting of the factors used to compute the State School Fund
				distribution.
Stat. Auth.: ORS 297
Stats. Implemented ORS
				  328.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0316 - Public Charter Schools

Current through Register Vol. 63, No. 7, July 1, 2024
Public charter schools created under ORS Chapter 338 are
				subject to review and compliance with the following:
(1) Insurance and Fidelity Bonds -- OAR
			 162-010-0270;
(2) Programs Funded
			 from Outside Sources -- OAR 162-010-0280; and
(3) Public Contracts and Purchasing -- OAR
			 162-010-0310.
Stat. Auth.: ORS 297
Stats. Implemented ORS
				  328.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0320 - Other Comments and Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The independent auditor shall include such other comments
				or disclosures with respect to the review of fiscal affairs and compliance with
				legal requirements as may be appropriate in the circumstances.
(2)  Other comments and disclosures may include those related
				to any county cost audit performed in accordance with ORS 297.525. A cost audit
				may be performed at a county, specific to any road fund, if (1) the county
				performs their own road work, (2) the road fund is reported as a major fund,
				and (3) the county and accountant engagement terms include a cost audit in the
				scope of work. The cost audit does not consist of specific procedures required
				by these Minimum Standards; the objectives are to verify the cost of
				performance and administration of county road work performed by the county,
				establish the accuracy of costing data and expense records, and determine
				whether the county adhered to approved budgets and planning. Contracted road
				work is not subject to cost auditing. The auditor should perform cost audit
				procedures in accordance with professional standards, be responsive to the
				auditor's risk assessment procedures, and consider the intent of material
				compliance as imbedded within these Minimum Standards for audits.
Statutory/Other Authority: ORS 297
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0330 - Extensions of Time to Deliver Audit Reports

Current through Register Vol. 63, No. 7, July 1, 2024
If the required report is not filed with the Secretary of State
				within six months following the end of the fiscal year, the municipal
				corporation shall file a written request for extension of time. The request
				shall state the reasons for the delay and the expected filing date of the
				report. The Secretary of State, for good cause shown, may grant the request for
				a reasonable period of time.
(1)  Requests for extensions of time to deliver audit reports
				must be submitted in a manner as prescribed by the Secretary of State. The
				request must contain the following information:
(a)  The name and registered or mailing address of the
				municipal corporation;
(b)  The name, address, and signature of the accountant or
				firm, if known, conducting the audit;
(c)  The accounting period under audit;
(d)  A statement setting forth the reasons for the delay in
				delivering the audit report;
(e)  The signed approval or disapproval of the request by the
				chair of the governing body, or managing or executive officer, of the municipal
				corporation. Reasons for disapproval must be included;
(f)  Requests applicable to school districts and community
				colleges must also contain the signed approval or disapproval of the local
				district superintendent or the superintendent's designee.
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0001 - Preface

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the
			 provisions of ORS 297.465, there is presented
			 herewith the Minimum Standards for Review of Oregon Municipal
			 Corporations.
(2) These Standards
			 have been approved by the Oregon Board of Accountancy (the Board), and have
			 been adopted by the Secretary of State as Administrative Rules under the
			 provisions of ORS Chapter 183.
(3)
			 All reviews of municipal corporations shall be made in accordance with these
			 Standards, and all review reports shall be in the form prescribed
			 herein.
Statutory/Other Authority: ORS 297
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions describe terms within the context of
				their application to Municipal Audit Law.
Review: A review is a service, the objective of which is to
				obtain limited assurance that there are no material modifications that should
				be made to the financial statements in order for them to be in conformity with
				the applicable financial reporting framework. In a review engagement, the
				accountant should accumulate evidence to obtain a limited level of assurance.
				Financial statements prepared on the cash or modified cash basis of accounting
				are financial reporting frameworks (special purpose frameworks) other than GAAP
				and are permitted under municipal audit law.
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0005 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All municipal
			 corporations, as defined in ORS
			 297.405, are required to have
			 their accounts and fiscal affairs audited annually, unless they are exempt from
			 audit under ORS 297.435. The following
			 administrative rules apply to review reports prepared under 297.435(3). Review
			 reports must be prepared in accordance with Statements on Standards for
			 Accounting and Review Services (SSARS), which contain professional
			 requirements, together with related guidance, in the form of explanatory
			 material. Accountants performing a compilation or review have a responsibility
			 to consider the entire text of SSARS in carrying out their work on an
			 engagement and in understanding and applying the professional requirements of
			 the relevant Standards.
(2) The
			 objective of a review differs significantly from the objective of an audit of
			 financial statements in accordance with generally accepted auditing standards.
			 The objective of an audit is to provide a reasonable basis for expressing
			 opinions on the financial statements that collectively comprise the
			 municipality's basic financial statements. A review does not contemplate
			 obtaining an understanding of the entity's internal control; assessing fraud
			 risk; testing accounting records by obtaining sufficient appropriate evidence
			 through inspection, observation, confirmation, or the examination of source
			 documents; or other procedures ordinarily performed during an audit. A review
			 is designed to obtain limited assurance that there are no material
			 modifications that should be made to the financial statements in order for the
			 statements to be in conformity with GAAP or another financial reporting
			 framework permitted by law.
(3) The
			 accountant who performs a review of the financial statements of a municipal
			 corporation must:
(a) Be licensed by the
			 Oregon Board of Accountancy to conduct municipal audits;
(b) Personally perform the review in
			 accordance with these rules to an extent satisfactory to the Secretary of
			 State; and
(c) Prepare a report
			 expressing limited assurance on the financial statements in accordance with
			 these rules.
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0010 - Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
Laws governing contracts are prescribed in the Oregon Public
				Contracting Code, ORS Chapters 279A, 279B, and 279C. Reviews shall be performed
				in accordance with a contract executed by the municipal corporation. The
				contract should clearly establish the nature of the services to be performed
				and shall clearly set forth the scope of work to be conducted by the
				accountant. The contract should include a provision for the expression of
				limited assurance on the financial statements of the municipal corporation. It
				should also provide for the accountant to make a reasonable attempt to draft
				the financial statements for the municipal corporation if the municipal
				corporation has not prepared them.
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0020 - Financial Statements

Current through Register Vol. 63, No. 7, July 1, 2024
The GASB is recognized as the standard-setting body of GAAP for
				state and local governments. As such, fair presentation of financial position
				and results of operations in conformity with GAAP for Oregon municipal
				corporations are those financial statements and notes thereto consistent with
				GASB Statements and Interpretations and the hierarchy of GAAP applicable to
				state and local governments. (2) The focus of accounting in an Oregon
				governmental unit is the individual fund. Therefore, the financial statements
				to be reviewed in accordance with these administrative rules, and upon which
				the accountant is to express limited assurance, should include the nonmajor
				combining and individual fund financial statements and schedules, whether
				presented as basic, required supplementary information (RSI) or supplementary
				information (SI).
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0054 - Required Supplementary Financial Information (RSI)

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to financial statements, the accountant should be
				aware that the Governmental Accounting Standards Board may determine that
				certain statements, schedules, statistical data, or other information are
				necessary to supplement, although not required to be a part of, the basic
				financial statements.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0055 - Supplementary Information (SI)

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the basic financial statements, notes, and
				required supplementary information thereto, supplementary information is
				considered necessary for full disclosure and compliance with various laws,
				rules, and regulations relating to the operations and finances of the municipal
				corporation.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0060 - Schedule of Revenues, Expenditures, and Changes in Fund Balances/Retained Assets, Budget and Actual (Each Fund)

Current through Register Vol. 63, No. 7, July 1, 2024
The municipal corporation must prepare an individual schedule
				of revenues, expenditures/expenses, and changes in fund balances/net position,
				budget and actual, for each fund for which budgets are legally required. It
				must compare estimated with actual revenues or receipts, transfers in,
				expenditures or disbursements, transfers out and ending balances on the basis
				of the legally adopted budget. If the municipal corporation has made
				appropriations in a manner that differ materially from the presentation of
				estimated expenditures in the budget document, a separate schedule must be
				included that compares actual expenditures/expenses with the legally adopted
				appropriations.
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0085 - Other Financial or Statistical Information (OI)

Current through Register Vol. 63, No. 7, July 1, 2024
The report may include such other financial or statistical
				information as desired by the municipal corporation, including financial
				statements or schedules relating specifically to programs funded wholly or
				partially by other governmental agencies.
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0095 - Officers and Registered Agent of the Municipal Corporation

Current through Register Vol. 63, No. 7, July 1, 2024
Immediately inside the front cover, each report shall contain
				the names and mailing addresses of officers of the municipal corporation and
				members of its governing body. In addition, reports of special districts, as
				defined by law (ORS Chapter 198), shall contain the name of the district's
				registered agent and its registered address. If a special district has not
				designated a registered agent or registered address, the report shall so
				indicate.
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0096 - Management Representation of Fiscal Affairs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 report shall include inside the back cover a signed report of management's
			 representation of the municipal corporation's compliance with its fiscal
			 affairs. At a minimum, the report should include the representations in the
			 following example:
(2) Management
			 Representation of Fiscal Affairs The [name of entity] is subject to, and
			 responsible for, compliance with various laws, rules, and regulations relating
			 to its operation and finances. Among such laws, rules, and regulations are the
			 requirements prescribed in Municipal Audit Law (ORS Chapter 297) and the
			 Minimum Standards for Review of Oregon Municipal Corporations (OAR 162,
			 division 40) including, but not limited to:
(a) Deposit of public funds with financial
			 institutions (ORS Chapter 295).
(b)
			 Indebtedness limitations, restrictions, and repayment.
(c) Budgets legally required (ORS Chapter
			 294).
(d) Insurance and fidelity
			 bonds in force or required by law.
(e) Programs funded from outside
			 sources.
(f) Highway revenues used
			 for public highways and roads (ORS Chapters 294, 368 & 373).
(g) Authorized investment of surplus funds
			 (ORS Chapter 294).
(h) Public
			 contracts, purchasing, and improvements (ORS Chapters 279A, 279B, and 279C).
The management of [name of entity] is aware of the requirements
				of Oregon laws and administrative rules concerning each of the above
				requirements and has complied, in all material respects, with such
				requirements. Further, we are not aware of any violations or possible
				violations of laws, rules, or regulations, whose effects should be considered
				for disclosure in the financial statements or as a basis for recording a loss
				contingency.
________________________
Signature
_________________________ ____________________
				_____________
Printed Name Title Date
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0155

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  297.465
Stats. Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0165 - Agreed-Upon Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedures are required for agreed-upon
				procedures engagements performed in accordance with ORS 297.435. In performing
				procedures and reporting the results:
(1) Total amounts must include all funds and
			 activities of the municipal corporation.
(a)
			 The accountant should not report personally identifiable or confidential
			 information. The accountant may consider including position titles rather than
			 individual names, where appropriate, and refrain from referencing payment card
			 numbers or other potentially sensitive information when reporting results of
			 procedures performed. The accountant should retain information and support as
			 necessary for their records only.
(b) The type of procedure is noted in
			 parenthesis after each procedure or procedure category and includes the
			 following:
(A) I -
			 Informational/Procedural
(B) A -
			 Accounting/financial reporting
(C)
			 IC - Internal Control over either accounting/financial reporting or
			 compliance
(D) C -
			 Compliance
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 40 - MINIMUM STANDARDS FOR AGREED-UPON PROCEDURES OF OREGON MUNICIPAL CORPORATIONS › Section 162-040-0170 - Reporting Results of Additional Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The accountant may perform additional procedures, and report
				results, with respect to the AUP engagement as may be requested by the
				municipal corporation and included in a legally executed contract in accordance
				with OAR 162-040-0010. If additional procedures are performed, the
				accountant's AUP report should include the procedures and results in a separate
				section titled "Other Procedures Performed."
Statutory/Other Authority: ORS
				  297.465
Statutes/Other Implemented: ORS
				  297.465
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 50 - AUDITS CONDUCTED BY SECRETARY OF STATE › Section 162-050-0030 - Audit Selection Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Audits Division of the Office of the Secretary of State is
				responsible for producing performance audits that result in reports and
				recommendations that can generate significant improvements in government
				programs to benefit the public. An annual audit schedule is produced in
				consultation with the Secretary and considering Legislative priorities, with
				the goal of using audit resources efficiently and strategically. An essential
				element for all audits is a determination that the topic is auditable; that is,
				there is reliable data to answer the audit question and a feasible scope and
				methodology for conducting an audit in accordance with professional auditing
				standards. The following are other considerations and criteria used by the
				Division when choosing topics for performance audits.
(1) Mandated audits - audits required by law
			 (one-time or recurring audits);
(2) Issues relating to an agency or program
			 mission - audits that can help an agency better achieve its mission;
(3) Audits of agencies - audits of agencies
			 and/or important programs within agencies that have not been audited for some
			 time;
(4) Public safety/vulnerable
			 populations - topics relating to public safety and protecting vulnerable
			 populations (e.g., emergency preparedness, child welfare);
(5) Significant challenges facing the state -
			 topics can involve multiple agencies and/or levels of government (e.g.,
			 improving K-12 education, workforce development and economic development)
(6) Cost savings, revenue
			 enhancements - topics that have potential to produce significant cost savings
			 or large increases in revenue;
(7)
			 Efficiency and effectiveness - topics that have the potential for increased
			 economy, efficiency, or effectiveness of a program;
(8) High risk topics/large impacts - topics
			 that are high risk, where we suspect the controls in place over a program are
			 weak, and the resulting effects potentially large;
(9) Troubled agencies/programs - multiple
			 ideas/problems at a single agency or program;
(10) Emerging/time sensitive issues -
			 agencies facing emerging issues or problems, or trying to design more effective
			 service delivery options for key programs.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.070
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Secretary of State, Elections Division will give notice of the intended
				action:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least 21 days prior to the effective date of the rule;
(2) By mailing, or transmitting
			 electronically a copy of the Statement of Need and Fiscal Impact and the Notice
			 of Proposed Rulemaking, or the Notice of Proposed Rulemaking Hearing, at least
			 28 days prior to the effective date of the rule, to each person who has
			 requested to be included on the Elections Division's subscription service
			 established pursuant to ORS
			 183.335(8);
(3) By mailing, or transmitting
			 electronicallya copy of the text of the proposed rule to any person upon
			 request;
(4) By mailing, or
			 transmitting electronically a copy of the Statement of Need and Fiscal Impact,
			 the Notice of Proposed Rulemaking, or the Notice of Proposed Rulemaking
			 Hearing, and the text of the proposed rule to the following persons or
			 organizations at least 28 days prior to the effective date:
(a) County Clerks;
(b) The chair or designee of each statewide
			 political party;
(c) Members of the
			 Oregon Legislature;
(d) The
			 Governor's legal counsel;
(e)
			 Attorney General's office;
(f)
			 League of Oregon Cities;
(g)
			 Association of Oregon Counties;
(h)
			 Oregon Special Districts Association;
(i) Oregon School Boards Association;
			 and
(j) Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Uniform and Model Rules of Procedure, OAR 137-001-0007 through 137-002-0060  as adopted by the Attorney General of the State of Oregon
				under the Administrative Procedures Act, effective January 1, 2008, are adopted
				as the rules of procedure for rulemaking and declaratory rulings for the
				Elections Division, Secretary of State.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Elections
				  Division.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0009 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, the following
				definitions apply to this Division:
(1) "Charging document" means any document
			 issued by the Secretary of State, Elections Division stating that any person or
			 government agency has violated the laws or rules within this Agency's
			 jurisdiction.
(2) "Agency" means
			 Secretary of State, Elections Division and any employee thereof.
Stat. Auth.: ORS
				  246.150
Stats. Implemented: ORS
				  260.232 &
				  260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0010 - Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contested
			 case rules apply whenever the Secretary of State may impose a civil penalty and
			 a hearing is conducted pursuant to ORS
			 260.232,
			 ORS 260.285, or ORS
			 260.995.
(2) The Secretary of State may designate, in
			 writing, employees of the agency or any other persons to conduct hearings under
			 these rules.
(3) The person or
			 persons against whom a penalty may be assessed is the party in the contested
			 case hearing. Other persons may attend the hearing and may appear as witnesses
			 if called by a party, but will not be considered to be parties in the contested
			 case.
(4) "Person" means an
			 individual, corporation, limited liability company, labor organization,
			 association, firm, partnership, joint stock company, club, organization,
			 covered organization, authorized representative, or a combination of
			 individuals having collective capacity.
Statutory/Other Authority:
ORS
				  183.335,
				  183.360,
				  183.413,
				  246.150, ORS
				  260.232,
				  260.285 & 260.995
Statutes/Other Implemented:
ORS
				  260.232,
				  260.285 & 260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0015 - Notice of Opportunity for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
When the Secretary of State proposes to impose a civil penalty
				or find a violation of an election law, or both, under ORS
				260.232,
				ORS 260.285, or ORS
				260.995,
				the Secretary of State shall cause a notice to be served on the person(s)
				subject to the penalty. For a violation under ORS
				260.232 the notice shall be served by first class mail; for a violation under ORS
				260.285 or ORS
				260.995 the notice shall be served by certified mail. The notice shall include:
(1) A statement of the person's right to a
			 hearing before an Administrative Law Judge with the Office of Administrative
			 Hearings.
(2) A statement that if
			 the person desires a hearing, the agency must be notified within the number of
			 days provided in ORS
			 260.232(3)(a),
			 ORS 260.285 or
			 260.995(4)(a)
			 whichever is applicable.
(3) A
			 statement of the authority and jurisdiction under which the hearing is to be
			 held.
(4) A reference to the
			 particular sections of the statutes and rules involved.
(5) A short and plain statement of the
			 matters asserted or charged as a violation.
(6) A statement of the amount of penalty that
			 may be imposed.
(7) A statement
			 that the person may be represented by counsel at the hearing.
(8) If the person is an agency, corporation
			 or an unincorporated association, that such person must be represented by an
			 attorney licensed in Oregon.
(9) If
			 the person is a political committee subject to a civil penalty under ORS
			 260.995,
			 that person may be represented by any officer identified in the most recent
			 statement of organization filed with the filing officer. "Officer" means any
			 person identified as a director on the most recent statement of organization
			 for a political committee.
(10) A
			 statement that the record of the proceeding to date, including the agency file
			 or files on the subject of the contested case, automatically become part of the
			 contested case record upon default for the purpose of proving a prima facie
			 case.
(11) A statement that the
			 person against whom a penalty may be assessed need not appear in person at a
			 hearing held under ORS
			 260.232,
			 260.285 or
			 260.995,
			 but instead may submit written testimony and other evidence, sworn to before a
			 notary public, to the Secretary of State for entry in the hearing record. Such
			 documents must be received by the Secretary of State not later than three
			 business days prior to the hearing as provided by ORS
			 260.232(6),
			 260.285(6) and
			 260.995(5).
(12) A statement that unless precluded by
			 law, informal disposition may be made of any contested case by stipulation,
			 agreed settlement, consent order or default.
Statutory/Other Authority:
ORS
				  183.090,
				  183.470,
				  246.150 &
				  260.285
Statutes/Other Implemented:
ORS
				  183.341,
				  183.470,
				  260.232,
				  260.285 & 260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0016 - Requesting a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 party wishes to request an in-person or telephone hearing to contest the
			 allegations in the charging document, they must submit to the Agency a signed
			 Hearing Request Form and an "answer," to the allegations in the charging
			 document not later than the deadline to request a hearing stated in the
			 charging document.
(a) The answer must
			 include an admission or denial of each factual matter alleged in the charging
			 document and a statement of each relevant defense to the allegations, including
			 any relevant mitigating circumstance that may apply and indicate specifically
			 what facts or transactions the mitigating circumstance applies to.
(b) A general denial is not sufficient to
			 constitute an answer.
(c) The
			 person must choose whether they want the hearing by telephone or in-person. If
			 no choice is indicated on the form, the hearing will be held by
			 telephone.
(d) Any evidence of a
			 mitigating circumstance or other relevant evidence may be submitted with the
			 answer as exhibits.