reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0490 - Foreign Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
If the Contract Price exceeds $10,000 and the Contractor is a
				Foreign Contractor, the Contractor shall promptly report to the Oregon
				Department of Revenue on forms provided by the Department of Revenue, the
				Contract Price, terms of payment, Contract duration and such other information
				as the Department of Revenue may require before final payment can be made on
				the Contract. A copy of the report shall be forwarded to the Contracting
				Agency. The Contracting Agency Awarding the Contract shall satisfy itself that
				the above requirements have been complied with before it issues final payment
				on the Contract.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.120
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 137-049-0600  to 137-049-0690  are intended to provide
				guidance to Contracting Agencies regarding the use of Alternative Contracting
				Methods for Public Improvement Contracts, as may be directed by a Contracting
				Agency's Contract Review Authority under ORS
				279C.335. These Alternative
				Contracting Methods include, but are not limited to, the following forms of
				contracting: Design-Build, Energy Savings Performance Contract and the
				Construction Manager/General Contractor Method. To the extent any such
				Alternative Contracting Methods are utilized within the competitive bidding
				process set forth in 279C.335(1),
				these OAR 137-049-0600  to 137-049-0690  rules are advisory only and may be used
				or referred to by a Contracting Agency in whole, in part or not at all, within
				the discretion of the Contracting Agency. As to ESPC contracting, these
				137-049-0600  to 137-049-0690  rules implement the requirements of ORS
				279C.335 pertaining to the
				adoption of Model Rules appropriate for use by all Contracting Agencies to
				govern the procedures for entering into ESPCs. As to contracting for
				Construction Manager/General Contractor Services requiring an exemption from
				competitive bidding under
				279C.335(2),
				OAR 137-049-0600  to 137-049-0690  include mandatory and optional provisions
				pertaining to the procurement of Construction Manager/General Contractor
				Services, pursuant to the requirements of ORS
				279C.337.
Stat. Auth.: ORS
				  279C.335,
				  279A.065 &
				  351.086
Stats. Implemented: ORS
				  279C.335,
				  279C.337,
				  279A.065 &
				  351.086
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0640 - Competitive Proposals; Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Contracting Agencies may utilize the following RFP process for
				Public Improvement Contracts, allowing flexibility in both Proposal evaluation
				and Contract negotiation, only in accordance with ORS
				279C.330 to
				279C.337,
				279C.400 to
				279C.410 and OAR 137-049-0600  to
				137-049-0690, unless other applicable statutes control a Contracting Agency's
				use of competitive Proposals for Public Improvement Contracts. Also see the
				subdivision of rules in this division 49 entitled "Formal Procurement Rules,"137-049-0200  to 137-049-0480, and RFP related rules under the Alternative
				Contracting Methods subdivision at 137-049-0640  to 137-049-0660. For ESPCs, the
				following RFP process as further specified in 137-049-0645, 137-049-0650,
				137-049-0660  and 137-049-0680  shall be utilized, if a Contracting Agency
				desires the Procurement process to be exempt from the competitive bidding
				requirements of ORS 279C.335. The RFP process for
				the Alternative Contracting Methods identified in OAR 137-049-0600  to
				137-049-0690  includes the following steps:
(1) Proposal Evaluation. Factors in addition
			 to price may be considered in the selection process, but only as set forth in
			 the RFP. Proposal evaluation shall be as objective as possible. Evaluation
			 factors need not be precise predictors of future costs and performance, but to
			 the extent possible such evaluation factors shall:
(a) Be reasonable estimates based on
			 information available to the Contracting Agency;
(b) Treat all Proposals equitably; and
(c) Recognize that public policy
			 requires that Public Improvements be constructed at the least overall cost to
			 the Contracting Agency. See ORS
			 279C.305. For ESPC Proposal
			 evaluations, the Contracting Agency may provide in the RFP that
			 qualifications-based evaluation factors will outweigh the Contracting Agency's
			 consideration of price-related factors, due to the fact that prices for the
			 major components of the Work to be performed during the ESPC process
			 contemplated by the RFP will likely not be determinable at the time of Proposal
			 evaluation. For CM/GC Services Proposal evaluations, the Contracting Agency
			 must comply with ORS 279C.337.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0645 - Requests for Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
As provided by ORS
				279C.405(1),
				Contracting Agencies may utilize a Request for Qualifications ("RFQ") to obtain
				information useful in the preparation or distribution of a Request for
				Proposals ("RFP"). When using an RFQ as the first step in a two-step
				solicitation process, in which distribution of the RFPs will be limited to the
				firms identified as most qualified through their submitted statements of
				qualification, Contracting Agencies shall first advertise and provide notice of
				the RFQ in the same manner in which RFPs are advertised, specifically stating
				that RFPs will be distributed only to the firms selected in the RFQ process. In
				such cases the Contracting Agencies shall also provide within the RFQ a protest
				provision substantially in the form of OAR 137-049-0450(5)  regarding protests
				of the Competitive Range. Thereafter, contracting agencies may distribute RFPs
				to the selected firms without further advertisement of the solicitation.
Statutory/Other Authority: ORS
				  279C.405 & 279A.065
Statutes/Other Implemented: ORS
				  279C.405
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0660 - RFP Pricing Mechanisms

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An RFP may result in a Contract with a lump-sum Contract Price or a fixed
			 Contract Price, as in the case of competitive bidding. Alternatively, an RFP
			 may result in a cost reimbursement Contract with a GMP or some other maximum
			 price specified in the Contract.
(2) Economic incentives or disincentives may
			 be included to reflect stated Contracting Agency purposes related to time of
			 completion, safety or other Public Contracting objectives, including but not
			 limited to total least cost mechanisms such as life cycle costing.
(3) A Guaranteed Maximum Price may be used as
			 the pricing mechanism for CM/GC Services Contracts where a total Contract Price
			 is provided in the design phase in order to assist the Contracting Agency in
			 determining whether the project scope is within the Contracting Agency's
			 budget, and allowing for design changes during preliminary design rather than
			 after final design services have been completed.
(a) If the collaborative process described
			 above in this section (3) is successful, the Contractor shall propose a final
			 GMP, which may be accepted by the Contracting Agency and included within the
			 Contract.
(b) If the collaborative
			 process described above in this section (3) is not successful, and no mutually
			 agreeable resolution on the GMP for the project construction Work can be
			 achieved with the Contractor, then the Contracting Agency shall terminate the
			 Contract. The public Contracting Agency may then proceed to negotiate a new
			 Contract (and GMP) with the firm that was next ranked in the original selection
			 process, or employ other means for continuing the project under ORS Chapter
			 279C.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0670 - Design-Build Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General. The
			 Design-Build form of contracting, as defined at OAR 137-049-0610(3), has
			 technical complexities that are not readily apparent. Contracting Agencies
			 shall use this contracting method only with the assistance of knowledgeable
			 staff or consultants who are experienced in its use. In order to use the
			 Design-Build process, the Contracting Agency must be able to reasonably
			 anticipate the following types of benefits:
(a) Obtaining, through a Design-Build team,
			 engineering design, plan preparation, value engineering, construction
			 engineering, construction, quality control and required documentation as a
			 fully integrated function with a single point of responsibility;
(b) Integrating value engineering suggestions
			 into the design phase, as the construction Contractor joins the project team
			 early with design responsibilities under a team approach, with the potential of
			 reducing Contract changes;
(c)
			 Reducing the risk of design flaws, misunderstandings and conflicts inherent in
			 construction Contractors building from designs in which they have had no
			 opportunity for input, with the potential of reducing Contract
			 claims;
(d) Shortening project time
			 as construction activity (early submittals, mobilization, subcontracting and
			 advance Work) commences prior to completion of a "Biddable" design, or where a
			 design solution is still required (as in complex or phased projects);
			 or
(e) Obtaining innovative design
			 solutions through the collaboration of the Contractor and design team, which
			 would not otherwise be possible if the Contractor had not yet been
			 selected.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0800 - Required Contract Clauses

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided by OAR 137-0490-0150 and 137-049-0160,
				Contracting Agencies shall include in all Solicitation Documents for Public
				Improvement Contracts all of the ORS Chapter 279C required Contract clauses, as
				set forth in the checklist contained in OAR 137-049-0200(1)(c)  regarding
				Solicitation Documents. The following series of rules provides further guidance
				regarding particular Public Contract provisions.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS 297C.505 -
				  279C.545 &
				  279C.800 -
				  279C.870
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0810 - Waiver of Delay Damages Against Public Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Contracting Agencies shall not place any provision in a Public
				Improvement Contract purporting to waive, release, or extinguish the rights of
				a Contractor to damages resulting from a Contracting Agency's unreasonable
				delay in performing the Contract. However, Contract provisions requiring notice
				of delay, providing for alternative dispute resolution such as arbitration
				(where allowable) or mediation, providing other procedures for settling
				contract disputes, or providing for reasonable liquidated damages, are
				permissible.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.315
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0815 - BOLI Public Works Bond

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				279C.830(2),
				the specifications for every Public Works Contract shall contain a provision
				stating that the Contractor and every subcontractor must have a Public Works
				bond filed with the Construction Contractors Board before starting Work on the
				project, unless otherwise exempt. This bond is in addition to performance bond
				and payment bond requirements. See BOLI rule at OAR
				839-025-0015.
Stat. Auth: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.830
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0830 - Contractor Progress Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Request for progress
			 payments
. Each month the Contractor shall submit to the Contracting
			 Agency its Written request for a progress payment based upon an estimated
			 percentage of Contract completion. At the Contracting Agency's discretion, this
			 request may also include the value of material to be incorporated in the
			 completed Work that has been delivered to the premises and appropriately
			 stored. The sum of these estimates is referred to as the "value of completed
			 Work." With these estimates as a base, the Contracting Agency will make a
			 progress payment to the Contractor, which shall be equal to:
(a) The value of completed Work;
(b) Less those amounts that have been
			 previously paid;
(c) Less other
			 amounts that may be deductible or owing and due to the Contracting Agency for
			 any cause; and
(d) Less the
			 appropriate amount of retainage.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0840 - Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Prompt
			 payment policy
. A Contracting Agency shall pay promptly all payments due
			 and owing to the Contractor on Contracts for Public Improvements.
(2)
Interest on progress
			 payments
. Late payment interest shall begin to accrue on payments due
			 and owing on the earlier of 30 Days after receipt of invoice or 15 Days after
			 Contracting Agency approval of payment (the "Progress Payment Due Date"). The
			 interest rate shall equal three times the discount rate on 90-day commercial
			 paper in effect on the Progress Payment Due Date at the Federal Reserve Bank in
			 the Federal Reserve district that includes Oregon, up to a maximum rate of 30
			 percent.
(3)
Interest on
			 final payment
. Final payment on the Contract Price, including retainage,
			 shall be due and owing no later than 30 Days after Contract completion and
			 acceptance of the Work. Late-payment interest on such final payment shall
			 thereafter accrue at the rate of one and one-half percent per month until
			 paid.
(4)
Settlement or
			 judgment interest
. In the event of a dispute as to compensation due a
			 Contractor for Work performed, upon settlement or judgment in favor of the
			 Contractor, interest on the amount of the settlement or judgment shall be added
			 to, and not made part of, the settlement or judgment. Such interest, at the
			 discount rate on 90-day commercial paper in effect at the Federal Reserve Bank
			 in the Federal Reserve District that includes Oregon, shall accrue from the
			 later of the Progress Payment Due Date, or thirty Days after the Contractor
			 submitted a claim for payment to the Contracting Agency in Writing or otherwise
			 in accordance with the Contract requirements.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.570
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0850 - Final Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Notification of Completion; inspection
. The Contractor shall
			 notify the Contracting Agency in Writing when the Contractor considers the
			 Contract Work completed. Within 15 Days of receiving Contractor's notice, the
			 Contracting Agency will inspect the project and project records, and will
			 either accept the Work or notify the Contractor of remaining Work to be
			 performed.
(2)
Acknowledgment
			 of acceptance
. When the Contracting Agency finds that all Work required
			 under the Contract has been completed satisfactorily, the Contracting Agency
			 shall acknowledge acceptance of the Work in Writing.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.570
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0860 - Public Works Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. ORS 279C.800 to
			 279C.870 regulates Public Works
			 Contracts, as defined in
			 279C.800(6),
			 and requirements for payment of prevailing wage rates. Also see administrative
			 rules of the Bureau of Labor and Industries (BOLI) at OAR chapter
			 839.
(2) Required Contract
			 Conditions. As detailed in the above statutes and rules, every Public Works
			 Contract must contain the following provisions:
(a) Contracting Agency authority to pay
			 certain unpaid claims and charge such amounts to Contractors, as set forth in
			 ORS 279C.515(1).
(b) Maximum hours of labor and overtime, as
			 set forth in ORS 279C.520(1).
(c) Employer notice to employees of hours and
			 days that employees may be required to work, as set forth in ORS
			 279C.520(2).
(d) Contractor required payments for certain
			 services related to sickness or injury, as set forth in ORS
			 279C.530.
(e) A requirement for payment of prevailing
			 rate of wage, as set forth in ORS
			 279C.830(1). If
			 both state and federal prevailing rates of wage apply, the contract and every
			 subcontract must provide that all workers must be paid the higher of the
			 applicable state or federal prevailing rate of wage.
(f) A requirement for filing a public works
			 bond by contractor and every subcontractor, as set forth in ORS
			 279C.830(2).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0870 - Specifications; Brand Name Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Generally
. The Contracting Agency's Solicitation Document shall
			 not expressly or implicitly require any product by brand name or mark, nor
			 shall it require the product of any particular manufacturer or seller, except
			 pursuant to an exemption granted under ORS
			 279C.345(2).
(2)
Equivalents
. A Contracting
			 Agency may identify products by brand names as long as the following language:
			 "approved equal"; "or equal"; "approved equivalent" or "equivalent," or similar
			 language is included in the Solicitation Document. The Contracting Agency shall
			 determine, in its sole discretion, whether an Offeror's alternate product is
			 "equal" or "equivalent."
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.345
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0880 - Records Maintenance; Right to Audit Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Records Maintenance; Access
.
			 Contractors and subcontractors shall maintain all fiscal records relating to
			 Contracts in accordance with generally accepted accounting principles ("GAAP").
			 In addition, Contractors and subcontractors shall maintain all other records
			 necessary to clearly document (i) their performance; and (ii) any claims
			 arising from or relating to their performance under a Public Contract.
			 Contractors and subcontractors shall make all records pertaining to their
			 performance and any claims under a Contract (the books, fiscal records and all
			 other records, hereafter referred to as "Records") accessible to the
			 Contracting Agency at reasonable times and places, whether or not litigation
			 has been filed as to such claims.
(2)
Inspection and Audit
. A
			 Contracting Agency may, at reasonable times and places, have access to and an
			 opportunity to inspect, examine, copy, and audit the Records of any Person that
			 has submitted cost or pricing data according to the terms of a Contract to the
			 extent that the Records relate to such cost or pricing data. If the Person must
			 provide cost or pricing data under a Contract, the Person shall maintain such
			 Records that relate to the cost or pricing data for 3 years from the date of
			 final payment under the Contract, unless a shorter period is otherwise
			 authorized in Writing.
(3)
Records Inspection; Contract Audit
. The Contracting Agency, and
			 its authorized representatives, shall be entitled to inspect, examine, copy,
			 and audit any Contractor's or subcontractor's Records, as provided in section 1
			 of this rule. The Contractor and subcontractor shall maintain the Records and
			 keep the Records accessible and available at reasonable times and places for a
			 minimum period of 3 years from the date of final payment under the Contract or
			 subcontract, as applicable, or until the conclusion of any audit, controversy
			 or litigation arising out of or related to the Contract, whichever date is
			 later, unless a shorter period is otherwise authorized in Writing.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.030,
				  279C.375,
				  279C.380 &
				  279C.440
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0890 - Contracting Agency Payment for Unpaid Labor or Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Contract incomplete
. If the
			 Contract is still in force, the Contracting Agency may, in accordance with ORS
			 279C.515(1),
			 pay a valid claim to the Person furnishing the labor or services, and charge
			 the amount against payments due or to become due to the Contractor under the
			 Contract. If a Contracting Agency chooses to make such a payment as provided in
			 279C.515(1),
			 the Contractor and the Contractor's surety shall not be relieved from liability
			 for unpaid claims.
(2)
Contract completed
. If the Contract has been completed and all
			 funds disbursed to the prime Contractor, all claims shall be referred to the
			 Contractor's surety for resolution. The Contracting Agency shall not make
			 payments to subcontractors or suppliers for Work already paid for by the
			 Contracting Agency.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.515
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0900 - Contract Suspension; Termination Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Suspension of Work
. In the
			 event a Contracting Agency suspends performance of Work for any reason
			 considered by the Contracting Agency to be in the public interest other than a
			 labor dispute, the Contractor shall be entitled to a reasonable extension of
			 Contract time, and to reasonable compensation for all costs, including a
			 reasonable allowance for related overhead, incurred by the Contractor as a
			 result of the suspension.
(2)
Termination of Contract by mutual agreement for reasons other than
			 default
.
(a) Reasons for termination.
			 The parties may agree to terminate the Contract or a divisible portion thereof
			 if:
(A) The Contracting Agency suspends Work
			 under the Contract for any reason considered to be in the public interest
			 (other than a labor dispute, or any judicial proceeding relating to the Work
			 filed to resolve a labor dispute); and
(B) Circumstances or conditions are such that
			 it is impracticable within a reasonable time to proceed with a substantial
			 portion of the Work.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0910 - Changes to the Work and Contract Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions for Rule. As used in this
			 rule:
(a) "Amendment" means a Written
			 modification to the terms and conditions of a Public Improvement Contract,
			 other than by Changes to the Work, within the general scope of the original
			 Procurement that requires mutual agreement between the Contracting Agency and
			 the Contractor.
(b) "Changes to the
			 Work" means a mutually agreed upon change order, or a construction change
			 directive or other Written order issued by the Contracting Agency or its
			 authorized representatives to the Contractor requiring a change in the Work
			 within the general scope of a Public Improvement Contract and issued under its
			 changes provisions in administering the Contract and, if applicable, adjusting
			 the Contract Price or contract time for the changed Work.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0700 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 25.270 through
			 25.280 require that child
			 support be calculated according to a formula. The formula is known as the
			 "Oregon Child Support Guidelines" ("guidelines" or "guideline") and is
			 contained in OAR 137-050-0700  through 137-050-0765  and in the "Obligation
			 Scale" which is located in the appendix.
(2) Any change to the guidelines applies to
			 all calculations prepared on or after the effective date of the change. The
			 court, administrator, or administrative law judge may issue a final order based
			 on a calculation prepared prior to the guidelines change. However, if support
			 is recalculated after the new guidelines become effective, the calculation must
			 be prepared using the new guidelines.
(3) Changes to these rules do not constitute
			 a substantial change in circumstances for purposes of modifying a support
			 order.
(4) Calculate support for a
			 Child Attending School who is age 18, living with a parent, and attending high
			 school in the same manner as support for a minor child.
Stat. Auth.: ORS
				  25.270 -
				  25.290 &
				  180.345
Stats. Implemented: ORS
				  25.270 -
				  25.290
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0715 - Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Income" means
			 the actual or potential gross income of a parent as determined in this rule.
			 Actual and potential income may be combined when a parent has actual income and
			 is unemployed or employed at less than the parent's potential.
(2) "Actual income" means a parent's gross
			 earnings and income from any source, including those sources listed in section
			 (4), except as provided in section (5).
(3) "Potential income" means the parent's
			 ability to earn based on relevant work history, including hours typically
			 worked by or available to the parent, occupational qualifications, education,
			 physical and mental health, employment potential in light of prevailing job
			 opportunities and earnings levels in the community, and any other relevant
			 factors. A determination of potential income includes potential income from any
			 source described in section 4 of this rule. If a parent residing in Oregon is
			 determined to be able to earn at the minimum wage, the hourly earning amount to
			 be imputed as potential income will be based on the lowest minimum wage
			 provided for in any area of Oregon.
(4) Actual income includes but is not limited
			 to:
(a) Employment-related income including
			 salaries, wages, commissions, advances, bonuses, dividends, recurring overtime
			 pay, severance pay, pensions, and honoraria;
(b) Expense reimbursements, allowances, or
			 in-kind payments to a parent, to the extent they reduce personal living
			 expenses;
(c) Annuities, trust
			 income, including distribution of trust assets, and return on capital, such as
			 interest and dividends;
(d) Income
			 replacement benefit payments including Social Security benefits, workers'
			 compensation benefits, unemployment insurance benefits, disability insurance
			 benefits, and Department of Veterans Affairs disability benefits;
(e) Inheritances, gifts and prizes, including
			 lottery winnings; and
(f) Income
			 from self-employment, rent, royalties, proprietorship of a business, or joint
			 ownership of a partnership or closely held corporation, minus costs of goods
			 sold, minus ordinary and necessary expenses required for self-employment or
			 business operation, including one-half of the parent's self-employment tax, if
			 applicable. Specifically excluded from ordinary and necessary expenses are
			 amounts allowable by the Internal Revenue Service for the accelerated component
			 of depreciation expenses, investment tax credits, or any other business
			 expenses determined by the fact finder to be inappropriate or excessive for
			 determining gross income.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0720 - Adjusted Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To determine
			 "adjusted income," begin with income, as determined in OAR 137-050-0715, and
			 then:
(a) Deduct mandatory contributions to a
			 union or other labor organization;
(b) Deduct the parent's cost for the parent's
			 own health insurance;
(c) Deduct
			 the parent's monetary spousal support obligation to this or a different party,
			 whether ordered in the same or a different proceeding, and whether paid or
			 not;
(d) Add the amount of
			 court-ordered monetary spousal support owed to the parent, whether ordered in
			 the same or a different proceeding, by this or a different party and whether
			 paid or not; and
(e) Subtract the
			 non-joint child deduction described in section (2) of this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0725 - Basic Support Obligation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The scale of basic child support obligations, found in the appendix to these
			 rules, must be used in every support calculation made under ORS
			 25.270 to
			 25.280. The scale is based on
			 national data on childrearing expenditures relative to family income. The scale
			 applies regardless of where the parent resides or works.
(2) Determine the basic child support
			 obligation by referencing the scale using the number of children for whom
			 support is sought and the combined adjusted income of the parents.
(3) If the combined adjusted gross income of
			 the parents is more than $30,000 per month, the basic child support obligation
			 is the same for parents with combined adjusted income of $30,000 per
			 month.
(4) The basic child support
			 obligation for more than ten children is the same as for ten
			 children.
(5) When the parents'
			 combined income falls between two income amounts on the scale, use the lower
			 income amount on the scale to determine the basic child support
			 obligation.
(6) Determine each
			 parent's share of the basic support obligation by multiplying the combined
			 basic support obligation by the parent's percentage share of adjusted income as
			 provided by OAR 137-050-0720. The basic support amount may not exceed the
			 parent's income available for support as provided in OAR 137-050-0745.
NOTE
: Link to the appendix (the scale):
http://oregonchildsupport.gov/laws/rules/docs/guidelines_scale.pdf
Appendix referenced is not included in rule
				  text.
Stat. Auth.: ORS
				  25.270 -
				  25.290 &
				  180.345
Stats. Implemented: ORS
				  25.270 -
				  25.290
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0730 - Parenting Time Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule:
(a) "Primary physical
			 custody" means the parent provides the primary residence for the child and is
			 responsible for the majority of the day-to-day decisions concerning the
			 child.
(b) "Split custody" means
			 that there are two or more children and each parent has at least one child more
			 than 50 percent of the time.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0735 - Child Care Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjust
			 the support obligation for child care costs paid by either parent or the
			 child's caretaker if the child for whom support is being calculated is disabled
			 or under the age of 13.
(2) Child
			 care costs must be related to the parent's or caretaker's employment, job
			 search, or training or education necessary to obtain a job. Only actual costs
			 paid by a parent or caretaker for child care that can be documented and
			 determined may be used to compute an adjustment under these rules.
(3) Child care costs are allowable only to
			 the extent that they are reasonable and, except as provided in section (4), do
			 not exceed the maximum amounts set out in Table 1. Table 1: Maximum Allowable
			 Child Care Costs by Provider Location
(4) The maximum amounts allowed by the
			 Department of Early Learning and Care (DELC) as shown in the Employment-Related
			 Day Care Allowance tables in OAR 414-175-0075, available online at
https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301963
may be used when those amounts are greater than the amounts in the abbreviated
			 table in section (3).
(5) Each
			 parent's obligation for child care costs is that parent's income share
			 percentage as provided by OAR 137-050-0720  multiplied by the total allowed
			 child care costs. A parent's child care cost obligation may not exceed the
			 parent's available income after deducting the parent's basic support
			 obligation.
(6) As used in section
			 1 of this rule, "disabled" refers to a child who has a physical or mental
			 disability that substantially limits one or more major life activities (for
			 example, self-care, performing manual tasks, walking, seeing, speaking,
			 hearing, eating, sleeping, standing, lifting, bending, breathing, learning,
			 reading, concentrating, thinking, communicating, and working).
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  25.270 - 25.290 &
				  180.345
Statutes/Other Implemented: ORS
				  25.270 to
				  25.290
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0740 - Social Security and Veterans Benefits; Dollar-for-Dollar Reduction in Support Obligation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule:
(a) "Apportioned
			 Veterans benefits" means the amount the U.S. Department of Veterans Affairs
			 deducts from an obligated parent's Veterans benefits and disburses to the child
			 or to the child's representative payee; and
(b) "Social Security benefits" refer to those
			 benefits paid on behalf of a disabled or retired obligated parent to a child or
			 a child's representative payee.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0745 - Self-Support Reserve

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The support
			 calculation must leave an obligated parent enough income to meet their own
			 basic needs.
(2) To determine the
			 amount of the parent's income available for support ("available income"),
			 subtract the self-support reserve of $1,465 from the parent's adjusted
			 income.
(3) The parent's total
			 obligation, including the parent's shares of the basic support obligation,
			 child care costs, health insurance, and cash medical support, may not exceed
			 the parent's available income, except as provided in OAR
			 137-050-0750(7).
(4) The limitation
			 on support described in this rule is reflected in the specific provisions of
			 OAR 137-050-0710  (Calculating Support), OAR 137-050-0725  (Basic Support
			 Obligation), OAR 137-050-0735  (Child Care Costs), and OAR 137-050-0750  (Medical
			 Support).
(5) The amount of the
			 self-support reserve is based on the federal poverty guideline, multiplied by
			 1.167 to account for estimated taxes, and rounded to the nearest whole dollar.
			 This rule will be reviewed and updated annually to reflect changes in the
			 federal poverty guideline.
Statutory/Other Authority: ORS 25.275, 25.280 &
				  180.345
Statutes/Other Implemented: ORS 25.275 &
				  25.280
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0750 - Medical Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The basic
			 support obligation (OAR 137-050-0725) includes ordinary unreimbursed medical
			 costs of $250 per child per year. These costs represent everyday expenses such
			 as bandages, non-prescription medication, and co-pays for doctor's well visits.
			 The basic support obligation does not account for health care coverage costs or
			 for extraordinary medical expenses.
(2) "Cash medical support", as used in OAR
			 137-050-0700  through 137-050-0765, has the meaning given in ORS
			 25.321(1).
(3) For purposes of this rule, "to provide"
			 health care coverage means to apply to enroll the child and pay any costs
			 associated with the enrollment, even if the cost to the parent is
			 zero.
(4) For purposes of ORS
			 25.323, private health care
			 coverage may be "available" to a parent from any source, including but not
			 limited to an employer, spouse, or domestic partner.
(5) Private health care coverage is
			 reasonable in cost if it costs no more than the total of four percent of each
			 parent's adjusted income as determined in OAR 137-050-0720.
(a) The amount calculated for each parent in
			 this section may not exceed that parent's available income after deducting the
			 parent's shares of basic support obligation and child care costs.
(b) The reasonable cost contribution of a
			 parent whose income is at or below the highest Oregon minimum wage for
			 full-time employment is zero.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0755 - Minimum Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 137-050-0740, 137-050-0760, 137-050-0765  and this rule, it is
			 rebuttably presumed that an obligated parent is able to pay at least $100 per
			 month as child support. If an obligated parent's total support is less than
			 $100, increase cash child support by the amount needed for total support to
			 equal $100. For purposes of this rule total support equals cash child support
			 plus the greater of cash medical support or the total out of pocket cost for
			 health care coverage the parent is ordered to provide pursuant to OAR
			 137-050-0750.
(2) The presumption
			 in this rule does not apply when:
(a) Each
			 parent has exactly 182.5 annual average overnights as determined by OAR
			 137-050-0730;
(b) The administrator
			 is entering an order which requires only medical support;
(c) A support order is suspended as provided
			 by ORS
			 25.247;
			 or
(d) The parent from whom support
			 is sought:
(A) Has disability benefits as a
			 sole source of income;
(B)
			 Qualifies as an incarcerated obligor, as defined in OAR 137-055-3300;
			 or
(C) Receives public benefits as
			 defined in ORS
			 25.245.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 50 - SUPPORT ENFORCEMENT › Section 137-050-0765 - Agreed Support Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 in the best interest of children to have support orders reached by agreement of
			 the parents. Entering orders with the parents' consent promotes positive
			 parental involvement and prompt, consistent payment of the support obligation.
			 Parents who enter into agreed support amounts avoid the uncertainty of hearings
			 and possible appeals.
(2) The
			 guideline support amount and rebuttal factors are intended to meet the needs of
			 most families. Likewise, the rebuttal factors in OAR 137-050-0760  address most
			 situations in which the guideline amount is inappropriate. However, there will
			 be families for whom the support amount, even rebutted, is not correct and who
			 value the certainty of agreed support amounts.
(3) In consideration of foregoing
			 administrative hearing rights, the parties may consent to a support amount that
			 is within 15 percent of the amount determined under rules 137-050-0700  through
			 137-050-0760. The order must be entered with the written consent of the
			 parties.
(4) Apply any change to
			 the support amount under this rule proportionally to cash child support and
			 cash medical support, and to minor children and Children Attending School.
			 Round each result to the nearest dollar.
(5) An agreed support amount entered pursuant
			 to this rule is presumed to be just and appropriate within the meaning of ORS
			 25.280.
Statutory/Other Authority: ORS
				  25.270 -
				  25.290 & 180.345
Statutes/Other Implemented: ORS
				  25.270 -
				  25.290
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1040 - "Party Status" in Court and Administrative Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any
			 proceeding to establish, modify or enforce a paternity or support obligation
			 initiated by the administrator (as defined in OAR 137-055-1020), the
			 administrator represents only the interests of the state.
(2) In any action taken under ORS
			 25.080, the State of Oregon, the
			 obligor, and the obligee are parties.
(3) In any action taken under ORS
			 25.080, for purposes of Oregon
			 Administrative Rules, chapter 137, division 55, a child attending school as
			 defined in ORS 107.108 and OAR 137-055-5110, is
			 a necessary party to all legal proceedings.
Stat. Auth.:ORS
				  18.005,
				  180.345
Stats. Implemented: ORS
				  25.080
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1060 - Uniform Application for Child Support Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The administrator will provide a standard
			 application form to any person requesting child support services. Except for
			 the application form, the notice required under section (3) of this rule, and
			 any statements necessary to respond to inquiries about these forms, or as
			 provided in OAR 137-055-5110, no other written or oral statements concerning an
			 applicant's qualification for services nor any contract for service will be
			 offered.
(2) The application form
			 must:
(a) Contain a statement that the
			 applicant is requesting child support services; and
(b) Require the applicant's
			 signature.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1070 - Provision of Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, the following definitions apply:
(a) A "IV-D case" means a case in which
			 services are being provided pursuant to ORS
			 25.080.
(b) A "non-IV-D case" means a case that does
			 not meet the criteria for a IV-D case, but the administrator will maintain a
			 record of the dollar amounts received and disbursed. No other accounting
			 services or legal actions will be provided.
(c) A "full services case" means a case in
			 which all of the necessary services required under ORS
			 25.080(4)
			 are provided.
(d) A "limited
			 services case" means either a case in which one jurisdiction needs limited
			 assistance from another jurisdiction as defined in
			 45 CFR
			 303.7, or a case in which the only service
			 requested under ORS
			 25.080
			 is paternity establishment for a minor child.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1080 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "reporting year" means October 1 of one year through September 30 of the
			 following year.
(2) As required by
			 45 CFR
			 302.33, the Oregon Child Support Program will
			 assess:
(a) A $1 application fee on behalf of
			 each applicant whose family is not receiving assistance in the form of TANF
			 cash assistance, Medicaid, or foster care services and who applies to the
			 Oregon Child Support Program for support enforcement services;
(b) A $35 annual fee for each support case
			 where:
(A) The obligee, child, or a child
			 attending school as defined in OAR 137-055-5110, has never received assistance
			 under a state program funded under Title IV-A of the Social Security
			 Act;
(B) At least $550 of child
			 support has been disbursed to the family in the reporting year; and
(C) Oregon is not providing services at the
			 request of another state pursuant to
			 45 CFR
			 303.7.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1090 - Good Cause

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of OAR chapter 137, division 055, good cause means the Oregon Child
			 Support Program is exempt from providing services as defined in ORS
			 25.080.
			 Specifically excluded from this definition aregood cause for not withholding as
			 defined in ORS
			 25.396 and OAR 137-055-4060  and good cause found for not disbursing support to a child
			 attending school under ORS
			 107.108 and OAR 137-055-5110.
(2) If an
			 obligee believes that physical or emotional harm to the family may result if
			 services under ORS
			 25.080 are provided, the obligee may request, either verbally or in writing, that the
			 administrator discontinue all activity against the obligor. Upon such a request
			 by an obligee, the administrator will:
(a) On
			 an open TANF or Medicaid case, immediately suspend all activity on the case,
			 notify Oregon Department of Human Services (ODHS) or Oregon Health Authority
			 (OHA) to add good cause coding, and send a safety packet to the obligee
			 requesting a response be sent to ODHS; or
(b) On any other case, immediately suspend
			 all activity on the case, add good cause case coding pending a final
			 determination, and send a Client Safety Packet on Good Cause to the obligee
			 requesting a response within 30 days.