reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, authorized by ORS
				564.040 and
				564.105(6), are
				intended to provide for: protection of certain plants, wildflowers, and shrubs;
				guidelines on the listing, reclassification, and delisting of plant species as
				threatened or endangered; development of conservation programs intended to
				assist state agencies in the protection of threatened or endangered species;
				development of a permit system for commercial transactions and scientific
				taking of threatened and endangered species; and development of transplant and
				reintroduction protocols for endangered and threatened
				species.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.040 & ORS
				  564.105(2), ORS
				  564.105(4)
				  & ORS 564.105(6)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0002 - Definitions of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Action" or "Land Action" means any
			 activity resulting, or potentially resulting, in the taking of a threatened or
			 endangered species, including all ground disturbing, vegetation disturbing,
			 plant growth suppressing, or reproduction inhibiting activities within the
			 known or suspected habitats of such species, or release of biocontrol agents
			 directed at noxious weeds or other pest plant species, as well as any exchange,
			 transfer, or sale of state-owned land that would result in any population of a
			 listed species being removed from state jurisdiction (i.e., the land is no
			 longer state-managed, as defined in these rules).
(2) "Candidate Species" means any plant
			 species designated for study by the director whose numbers are believed low or
			 declining, or whose habitat is sufficiently threatened and declining in
			 quantity and quality, so as to potentially qualify for listing as a threatened
			 or endangered species in the foreseeable future.
(3) "Department" means the Oregon State
			 Department of Agriculture.
(4)
			 "Director" means the Director of the Oregon State Department of Agriculture, or
			 his or her designated representative.
(5) "Endangered Species" means:
(a) Any native plant species determined by
			 the director to be in danger of extinction throughout all or any significant
			 portion of its range; or
(b) Any
			 plant species listed as an endangered species pursuant to the federal
			 Endangered Species Act of 1973 ( PL 93-205,
			 16 USC §
										1531), as amended.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0003 - Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Willful or
			 negligent cutting, digging, trimming, picking, removing, mutilating, or in any
			 manner injuring, or subsequently selling, transporting, or offering for sale
			 any plant, flower, shrub, bush, fruit, or other vegetation growing on the right
			 of way of any public highway within this state, within 500 feet of the center
			 of any public highway, upon any public lands, or upon any privately owned lands
			 is prohibited without the written permission of the owner or authorized agent
			 of the owner.
(2) The provisions of
			 section (1) of this rule do not apply to any federal or state government
			 employee or contractor in Oregon engaged in work upon any public road or
			 highway while performing such work under the supervision of any federal agency,
			 or any agency that represents a political subdivision of the State of Oregon.
			 This section likewise does not apply to private landowners while working on
			 their own property.
(3) This rule
			 does not apply to any person affecting a plant species which is declared by law
			 to be a noxious weed.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.020 & ORS
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0005 - List of Protected Wildflowers

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the genera listed in ORS
				564.020(3), it
				is unlawful for any person to export from this state, or to sell or offer for
				sale, or to transport plants of any of the following genera or species, subject
				to the exceptions described above under OAR 603-073-0003(2) and (3):
(1)
Kalmiopsis
(2)
Pediocactu
s.
(3)
Coryphantha
.
(4)
Darlingtonia
.
(5)
Talinum
.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.020 & ORS
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With the
			 exception of the department's authority to regulate the import, export, and
			 commercial trafficking of threatened and endangered species, per ORS
			 564.120(1),
			 nothing in OAR 603-073-0030 through 603-073-0110 shall be interpreted to
			 require the protection of any population of any listed species occurring on
			 private lands, or to require an owner of any private lands to take action to
			 protect such a population or its habitat. Administrators of federal lands may
			 cooperate and consult with the department, regarding these rules, and private
			 landowners may request assistance in protecting threatened or endangered plant
			 species on their property, at their discretion.
(2) The provisions herein do not apply to
			 lands acquired through foreclosures of loans and contracts made pursuant to
			 programs of the Oregon Department of Veterans' Affairs, per ORS
			 564.115(7), and
			 to any other transitional lands acquired in a similar manner by other state
			 agencies.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.020 & ORS
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0030 - Criteria for the Listing, Reclassification, and Removal of Plant Species from the State List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director,
			 by rule, shall list a plant species as endangered or threatened, reclassify a
			 listed plant species, or remove a listed plant species from the state list, in
			 accordance with ORS 564.105-564.110 and these rules, upon a
			 review of the best scientific and other data that meet the criteria described
			 in sections (3), (4) and (6) of this rule. The scientific information shall
			 consist of documented and verifiable information on the biological status of
			 the species, and shall include relevant abiotic data.
(2) Native plant species appearing on the
			 federal list of endangered or threatened species shall not be removed from the
			 state list.
(3) To list a species
			 as an endangered species, the director shall determine that:
(a) The name and description of the species
			 have been validly published or accepted for publication;
(b) The species is native; and
(c) The species is in danger of extinction
			 throughout all or any significant portion of its geographic range.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0040 - Procedures for Petitioning the Listing, Reclassification, or Removal of Plant Species from the State List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person may petition the director to list, reclassify, or delist plant species
			 on the state list, as provided in ORS
			 564.110(5). The
			 department shall provide a format that will allow petitioners to request that a
			 species be added or removed from the state list, or be reclassified from
			 threatened to endangered, or vice versa. All petitions shall be in writing and
			 shall include the following information:
(a)
			 Scientific name and authority of the species, and common name, if
			 any;
(b) The procedure requested
			 (i.e., removal, addition, or reclassification); and
(c) Documented scientific evidence to support
			 the requested procedure, as required by ORS
			 564.110(3).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0050 - Temporary Listing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other provisions of ORS
			 564.100 -
			 564.135 and these rules, the
			 director shall adopt a temporary rule to add a plant species to the state list
			 if there is a significant and immediate threat to the continued existence of
			 the species, as determined by a review of existing evidence by the department.
			 Such a ruling shall be considered an emergency provision, where evidence
			 available to the department indicates that listing of the species is necessary
			 to prevent imminent loss of populations or habitat.
(2) Upon the determination required under
			 section (1) of this rule, the director shall publish notice of the addition to
			 the state list in the Oregon Administrative Rules Bulletin, and shall mail
			 notice to affected or interested agencies or persons whose names are included
			 on the director's mailing list for such purposes.
(3) The temporary rule shall take effect
			 immediately upon publication in the Oregon Administrative Rules Bulletin and
			 shall remain in effect for not more than one 180 days, during which time the
			 director shall undertake the rulemaking procedures provided for under ORS
			 564.110 and these
			 rules.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.020 & ORS
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0060 - Periodic Review of State List

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The director shall review each listed species at least once every five years to
			 determine if documented evidence exists to justify reclassification from
			 threatened to endangered or vice versa, removal from the state list, or a
			 recommendation to the federal government for reclassification or removal if the
			 species is also on the federal list. Such evidence may include, but is not
			 limited to, increase in population size or numbers, reduction or removal of
			 threats or taxonomic re-evaluation of a listed species. Identification and
			 review of Candidate species (defined in OAR 603-073-0080) that merit
			 consideration of listing as endangered or threatened shall occur in conjunction
			 with the periodic state list review.
(2) The review under section (1) of this rule
			 shall be conducted according to the criteria set forth in ORS
			 564.110 and these
			 rules.
(3) In the course of
			 reviewing listed species, the director shall consult with any agencies or
			 persons known to have direct knowledge of the species under consideration.
			 Specifically, in the case of taxonomic questions involving a listed species,
			 the director shall request that the Technical Advisory Committee (see OAR
			 603-073-0030) submit a written statement defining its opinion of the taxonomy
			 of the species and indicating, if necessary, an appropriate expert for
			 additional consultation.
(4) If the
			 director determines that sufficient documented evidence exists to justify
			 listing a species as endangered or threatened, reclassification, or removal
			 from the state list, the director shall, within 90 days of the determination,
			 commence rulemaking to change the status of the species. The director shall
			 mail notice of any resulting status change to affected or interested agencies
			 or persons whose names are included on the director' s mailing list for such
			 purposes.
Statutory/Other Authority: ORS 561 & 564
Statutes/Other Implemented: ORS
				  561.190,
				  564.020 &
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0080 - Candidate Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 shall maintain a list of candidate species that includes those native species
			 that have potential of qualifying as threatened or endangered after additional
			 study and evaluation, and based on the opinions of the department, the
			 Technical Advisory Committee (see OAR 603-073-0030), and other consulted
			 persons with relevant knowledge. The candidate species list may be acquired by
			 writing the director.
(2) The
			 purpose of the candidate species list is to provide state agencies, and other
			 interested persons, a means of assessing those species most likely to be listed
			 by the director as threatened or endangered in the future. The presence of a
			 species on the candidate list is not necessarily an indication that the species
			 will be listed as threatened or endangered, nor does it require any protection
			 for the species under ORS
			 564.105 -
			 564.135, these rules, or any
			 other regulations.
Stat. Auth.: ORS 561 & ORS 564
Stats. Implemented: ORS
				  561.190, ORS
				  564.020 & ORS
				  564.105
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules guide the Oregon State Department of Agriculture,
				Natural Resources Division in administering its Confined Animal Feeding
				Operation Program. In interpreting and applying these rules the Department may
				consider variations in soils and climate, and the potential for a particular
				confined animal feeding operation to cause a discharge of animal wastes into
				the waters of the state.
Stat. Auth.: ORS 468
Stats. Implemented: ORS
				  561.175
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context or OAR chapter 340, division 051 or 052
				require otherwise, as used in these rules:
(1) "Annual fee" means that fee required each
			 year of operation for each confined animal feeding operation with a national
			 pollutant discharge elimination system (NPDES) permit or a water pollution
			 control facilities (WPCF) waste disposal permit including, but not limited to,
			 that fee required under ORS
			 561.255 as amended by HB 2061
			 (2019).
(2) "Compliance" means
			 meeting the requirements of ORS Chapter 468 or 468B or any rule, order, or
			 permit adopted thereunder and relating to the control and prevention of water
			 pollution from an animal feeding operation, a concentrated animal feeding
			 operation, or a confined animal feeding operation.
(3) "Confined animal feeding operation
			 (CAFO)" means:
(a) The concentrated confined
			 feeding or holding of animals or poultry, including but not limited to horse,
			 cattle, sheep, or swine feeding areas, dairy confinement areas, slaughterhouse
			 or shipping terminal holding pens, poultry and egg production facilities and
			 fur farms;
(A) In buildings or in pens or
			 lots where the surface has been prepared with concrete, rock or fibrous
			 material to support animals in wet weather; or
(B) That have wastewater treatment works;
			 or
(C) That discharge any wastes
			 into waters of the state.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0012 - Permit Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in OAR 603-074-0020 below, permits for Confined Animal Feeding
			 Operations will be issued under the applicable provisions of OAR chapter 340,
			 division 45.
(2) The director may
			 designate an animal feeding operation as a significant contributor of
			 pollutants pursuant to the provisions of
40 CFR §
										122.23(c)
. An
			 operator may seek review of the director's determination by requesting a
			 contested case hearing pursuant to ORS
			 183.413 to
			 183.470.
Stat. Auth.: ORS 561.468B
Stats. Implemented: ORS
				  561.468B
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0014 - Adoption of General Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following general permit is adopted by reference in this rule and available
			 for review at the department:
(a) NPDES
			 number 01 (Confined Animal Feeding Operations) (issued on October 1,
			 2003).
(b) A complete copy of the
			 general permit is available for inspection at the Oregon Department of
			 Agriculture, Natural Resources Division, 635 Capitol St. NE, Salem, Oregon.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0016 - Complaint Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Complaint" means information provided by a person concerning possible
			 violations of ORS Chapter 468 or 468B or any rule, order, or permit adopted
			 thereunder and relating to the control and prevention of water pollution from a
			 confined animal feeding operation as defined in OAR 603-074-0010.
(2) If the department finds, upon
			 investigation of the complaint, that the complaint was groundless and made for
			 the purposes of harassing the operator, the department may refuse to consider
			 future complaints made by the complainant. Such a determination may include an
			 evaluation of:
(a) Relationship between the
			 operator and complainant;
(b)
			 Number and validity of previous complaints filed by complainant against the
			 operator;
(c) Frequency of
			 complaints filed by complainant against the operator.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0018 - Certification of Plans and Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In lieu of department approval of plans
			 and specifications as required by OAR 340-051-0015, the department will accept
			 certification by a licensed engineer that waste water control facilities
			 specified in subsection (2)(a) of this rule were designed and constructed in
			 compliance with OAR 340-051-0055 through 340-051-0070.
(a) Certifications may only be made for:
(A) Earthen impoundments, conveyances, and
			 animal holding areas;
(B)
			 Earthen-floored buildings and animal travel lanes between buildings in the
			 production area; and
(C) Primary
			 storage structures for liquid and solid manure. For purpose of this paragraph,
			 a primary storage structure is any storage structure intended to hold an
			 operation's waste for a period of five or more days.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0020 - Permit Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial
			 Application Fee. Any person owning or operating a confined animal feeding
			 operation under an NPDES CAFO permit or a WPCF CAFO permit is subject to a
			 two-part fee consisting of the applicable new permit application fee and annual
			 fee as described in these rules.
(2) A person submitting an application for a
			 new NPDES CAFO permit or a WPCF CAFO permit must, at the time of application,
			 submit the amount equal to the new permit application fee and the first year's
			 annual fee.
(3) A person is not
			 required to submit a fee with an application for renewal of an NPDES CAFO
			 permit or a WPCF CAFO permit.
(4)
			 Initial application fees are as follows:
(a)
			 General permitted small confined animal feeding operation: $100.
(b) General permitted medium confined animal
			 feeding operation: $150.
(c)
			 General permitted tier 1 and tier 2 large confined animal feeding operations:
			 $300.
(d) Individual permitted tier
			 1 and tier 2 confined animal feeding operations: $15,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0030 - Consolidation of Enforcement Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding that each and every violation is a separate and
				distinct offense, and in cases of continuing violations, that each day's
				continuance is a separate and distinct violation unless otherwise determined by
				the department, proceedings for the assessment of multiple civil penalties for
				multiple violations against an owner or operator may be consolidated into a
				single proceeding.
Stat. Auth.: ORS
				  468B.217, ORS
				  468B.230 & ORS 561
Stats. Implemented: ORS
				  561.175
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0040 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Notice of
			 Noncompliance:
(a) Informs the owner or
			 operator of the violation, including a reference to a particular statute,
			 administrative rules or order involved, the location of the violation when
			 appropriate, and the consequences of the violation or future
			 violations;
(b) Directs the subject
			 owner or operator to perform those actions necessary to comply with the
			 particular statute, administrative rules or orders involved.
(c) Specifies a reasonable period of time by
			 which compliance is to be achieved not to exceed 30 business days after the
			 respondent receives the notice, or if the violation requires more than 30 days
			 to correct, a period of time contained in a plan of correction acceptable to
			 the department;
(d) Is issued by
			 the director or the director's designee;
(e) Is in writing and must be served
			 personally or by registered or certified mail;
(f) In all cases must be mailed or delivered
			 to the legal owner of the property;
(g) Is an order in other than a contested
			 case for purposes of judicial review.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0050 - Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
All formal hearings requested by the respondent concerning a
				civil penalty assessment shall be conducted in accordance with applicable
				contested case procedures as outlined in ORS
				183.310 to
				183.550, and OAR Chapter
				137
Stat. Auth.: ORS
				  468B.217, ORS
				  468B.230 & ORS 561
Stats. Implemented: ORS
				  561.175
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0060 - Entry of Order and Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a person having received a notice of
			 civil penalty assessment fails to request a hearing as specified in OAR
			 603-074-0050, or if after the hearing the person is found to be in violation of
			 the provisions of these rules, an order may be entered by the department
			 assessing a civil penalty.
(2) The
			 order must be signed by the director or the director's designee.
(3) The order may be appealed pursuant to ORS
			 183.480 to
			 183.497.
(4) An order assessing a civil penalty
			 becomes due and payable and may be enforced as provided by ORS
			 183.090.
Stat. Auth.: ORS
				  468B.217, ORS
				  468B.230 & ORS 561
Stats. Implemented: ORS
				  561.175
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 74 - CONFINED ANIMAL FEEDING OPERATION PROGRAM › Section 603-074-0070 - Civil Penalty Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to any other penalty provided by law, the department may assess a
			 civil penalty against the owner or operator of a confined animal feeding
			 operation for failure to comply with a provision of ORS Chapter 468 or 468B or
			 any rule adopted under or a permit issued under ORS Chapter 468 or 468B,
			 relating to the control and prevention of water pollution from a confined
			 animal feeding operation. The amount of the civil penalty shall be determined
			 using the two matrices contained in OAR 603-074-0080 in conjunction with the
			 formula contained in OAR 603-074-0080(4).
(a)
			 Except for those animal feeding operations defined in OAR 603-074-0010(3)(b),
			 the amount of the initial civil penalty may not exceed $2,500 and any
			 subsequent civil penalties for a repeat occurrence may not exceed $10,000 per
			 violation.
(b) For those animal
			 feeding operations defined in OAR 603-074-0010(3)(b), civil penalties may not
			 exceed $5,000 per violation and any subsequent civil penalties for a repeat
			 occurrence may not exceed $10,000 per violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement the agricultural mediation programs
				provided in ORS 36.252-
				268 (agricultural mediation services) and
				ORS 36.280-
				283 (mediation of disputes related to
				farming practices) and describe the process for the mediation programs offered
				by the Department, including but not limited to: eligibility for programs,
				application process, selection of mediation service providers for the programs,
				fees, methods of advertising the availability of mediation services and data
				collection.
Statutory/Other Authority: ORS 561 & ORS
				  36.280-283
Statutes/Other Implemented: ORS
				  36.210 & ORS
				  36.252-268
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0015 - Qualifications for Financial Analyst

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons approved by the Coordinator to
			 serve as financial analysts must be able to demonstrate by experience and/or
			 training:
(a) Working knowledge of Oregon's
			 agricultural industry;
(b) Working
			 knowledge of principles of agricultural finance;
(c) Working knowledge of general accounting
			 practices;
(d) The ability to
			 conduct detailed financial analysis of farming operations;
(e) Other qualifications as determined by the
			 Coordinator.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0016 - Eligibility for Mediation Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The program coordinator will determine the eligibility of an
				applicant for the mediation programs consistent with ORS
				36.256(agricultural mediation
				services) or ORS 36.280(disputes related to
				interference with farming practices), after review of an application for
				mediation services to determine whether mediation is appropriate as provided by
				the requirements for each program.
Statutory/Other Authority: ORS
				  36.280 & ORS
				  36.256
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0020 - Process for Selection of Mediation Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The coordinator shall select such
			 mediation service provider(s) for the mediation programs based upon the
			 following criteria:
(a) The number of
			 formally mediated cases and hours of formal mediation completed;
(b) The number of continuing education
			 credits obtained during the last two calendar years;
(c) Demonstrated ability to provide mediation
			 services in the geographical area, which the mediation service proposes to
			 provide its services;
(d) Expertise
			 of the mediator in the subject area giving rise to the dispute;
(e) Availability of the mediator to timely
			 mediate a dispute;
(f) Skills
			 important to successful mediation;
(g) Knowledge of current agricultural, legal,
			 and financial issues; and
(h)
			 Other, as determined by the coordinator.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0025 - Method of Advertising Mediation Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The coordinator shall prepare and publish
			 informational material describing the mediation programs, including but not
			 limited to description of the mediation services, costs to participants, hourly
			 fees charged by mediator or mediator service, background information on
			 mediators, manner of application and other information.
(2) Information material shall be posted on
			 the Department's website and distributed to agricultural organizations and any
			 other entity who make a request for such materials.
(3) The coordinator may use other appropriate
			 means of advertising of the mediation program, including but not limited to,
			 print and electronic media, posters and other means of public
			 information.
Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS
				  36.210
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0030 - Application for Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person involved in a dispute may request mediation services by submitting a
			 request to the Department on a form provided by the Department.
(2) The Department shall, within ten business
			 days of the receipt of a request for mediation services, give written notice of
			 receipt of the request to the parties or representative of the parties, to the
			 dispute.
(3) Process for assigning
			 a mediator is as described in 603-075-0045 and 603-075-0050.
Statutory/Other Authority: ORS
				  36.280
Statutes/Other Implemented: ORS
				  36.252 &
				  36.256
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0035 - Confidentiality of Mediation and Materials used in Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All mediations conducted are subject to
			 the confidentiality requirements set forth in ORS
			 36.262 or ORS
			 36.283. In addition, except as
			 provided in subsection (3), all memoranda, work products, and other materials
			 contained in the case files of a mediator, a mediation service provider, or the
			 Department, that are created for, or used in a mediation are confidential and
			 not subject to disclosure consistent with ORS
			 192.345(16).
(2) Breach of confidentiality by a mediator
			 or mediation service provider shall be cause for revocation of a mediator's
			 approval or cancellation of a mediation services' contract; and may be subject
			 to civil penalties.
(3) A mediation
			 agreement reached between the parties is not confidential unless the parties
			 otherwise agree in writing.
Statutory/Other Authority: ORS
				  36.262
Statutes/Other Implemented: 36.283 & ORS
				  192.345(16)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0040 - Reporting Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 coordinator will prepare for the Director of Agriculture an annual evaluation
			 report.
(2) The coordinator will
			 prepare the evaluation report to reflect the mediation activities for the
			 fiscal year.
(3) The coordinator
			 shall keep documents according to the retention schedule and in accordance with
			 the exemptions from public records disclosure under ORS
			 192.345(16).
Statutory/Other Authority: ORS
				  192.345(16)
Statutes/Other Implemented: ORS
				  561
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0045 - FARMING PRACTICES MEDIATION

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This program is intended for farmer to farmer disputes wherein a person engaged
			 in a farming practice has a reasonable belief that the planting, growing, or
			 harvesting of an agricultural or horticultural commodity on nearby land might
			 interfere with or is interfering with the farming practice, and the person
			 responsible for the planting, growing, or harvesting disputes that it might
			 interfere with or is interfering with the farming practice.
(a) If the Department facilitates mediation
			 services for a Farming Practices Mediation; including the collection of fees
			 for the payment of the mediator, such fees may not exceed $2,500; however, the
			 parties and mediator may agree to continue the mediation upon making separate
			 arrangements for the payment of further fees.
(b) At the option of the department, fees may
			 be established at an amount reasonably necessary to cover the cost of
			 administration of the mediation program.
(c) The party requesting the mediation is
			 responsible for paying the costs and fees unless both parties agree to divide
			 the costs and fees.
(d) Unless the
			 parties agree to a shorter time, the mediator shall conduct at least four hours
			 of mediation proceedings to attempt to reach resolution of the
			 dispute.
(e) If the initiating
			 party requests and is referred to the USDA mediation program and the other
			 party chooses to have the mediation conducted through the use of the
			 department's mediation program, the party choosing the ODA program will pay all
			 costs and fees. Per ORS
			 36.280(2)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 75 - FARM MEDIATION › Section 603-075-0050 - AGRICULTURE MEDIATION

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 program is intended for disputes directly related to activities of the
			 Department and agricultural issues under the jurisdiction of the Department;
			 that do not fall under the Farming Practices Mediation program.
(a) The Department may charge reasonable fees
			 necessary to cover the cost of mediation services. Such fees shall be
			 calculated by determining the costs, including administrative overhead, for
			 providing mediation service.
(b) At
			 the option of the Department, fees may be established at an amount reasonably
			 necessary to cover the cost of administration of the mediation
			 program.
(c) The fees to be charged
			 per party shall be reviewed at the beginning of each biennium by the
			 coordinator to determine the appropriateness of such fees and whether the fees
			 should be increased or decreased based upon the overall financial status of the
			 program.
(d) Individuals may apply
			 for a fee waiver.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0016 - Purpose and Scope of Active State Supervision of Grass Seed Price Negotiations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the intent of the grass seed price negotiations to displace competition in the
			 annual ryegrass seed, perennial ryegrass seed, and tall fescue seed industries
			 to a limited degree as allowed by these rules. Active supervision is provided
			 for the limited purpose of allowing the parties to bargain collectively and to
			 arrive at a proposed price for the sale of production contracted seed by the
			 growers to the dealers. A proposed price is not effective unless and until it
			 is approved by the Director in a price order, at which point it becomes the
			 established price.
(2) As part of
			 active supervision, the department shall:
(a)
			 Organize and attend all meetings of the Bargaining Council and the Planning
			 Committee;
(b) Create and maintain
			 minutes of all meetings of the Bargaining Council and the Planning Committee.
			 Bargaining Council and Planning Committee meetings are not subject to the
			 Oregon Public Meetings Law; however, the minutes of these meetings are public
			 records;
(c) Assist in
			 disseminating credible information to the Bargaining Council by collecting data
			 from parties and other relevant sources, including, but not limited to: acres
			 under contract, inventory, yields, import/export information, and market
			 issues;
(d) Monitor and facilitate
			 the negotiations regarding the process to create an established price;
			 and
(e) Compel the parties to take
			 whatever action (including, but not limited to, exclusion from ongoing or
			 future negotiations) the Director considers necessary to:
(A) Ensure that the parties are engaging in
			 conduct that is authorized under state and federal law;
(B) Ensure that the policies of this state
			 are being fulfilled under the regulatory program; and
(C) Enjoin conduct by any of the parties that
			 is not authorized by the Director or conduct that the Director finds does not
			 advance the interests of this state in carrying out the regulatory
			 program.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0017 - Standards for Annual Ryegrass, Perennial Ryegrass, and Tall Fescue Seed Eligible for Price Negotiations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Bargaining Council may engage in price negotiations for the minimum price
			 for production contracted seed of annual ryegrass, perennial ryegrass, and tall
			 fescue seed kinds. The Bargaining Council may negotiate this price for
			 certified seed production, non-certified seed production, or both.
(2) An established price for non-certified
			 production of annual ryegrass, perennial ryegrass, or tall fescue seed kinds
			 shall apply to seed lots that otherwise meet the standards for certified seed
			 production for purity and germination. An established price for non-certified
			 production of annual ryegrass and perennial ryegrass seed lots shall apply to
			 seed lots that otherwise meet the standards for certified seed production
			 standards for ploidy.
Statutory/Other Authority: ORS
				  561.190 &
				  646.738
Statutes/Other Implemented: 646.738, 62.015, 645.515, 646.736
				  & 646.740
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0018 - Price Negotiation Planning Committee Membership and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 shall appoint a Planning Committee that includes at least three persons
			 representing cooperative bargaining associations, at least three persons
			 representing grass seed dealers, and at least one department
			 representative.
(2) Terms of
			 membership:
(a) Membership will be
			 voluntary.
(b) Membership terms
			 shall be from January 1 to December 31.
(c) There is no limit to the number of terms
			 a person may serve.
(d) All members
			 of the Planning Committee must participate in price negotiations in good faith,
			 and as required by the Director.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0019 - Bargaining Council Eligibility and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
All members of the Bargaining Council shall:
(1) Affirm to the department that they meet
			 the requirements for participation in the Bargaining Council and in price
			 negotiations and commit to participating in price negotiations in good faith,
			 as described in OAR 603-076-0005 through 603-076-0021. Bargaining Council
			 participation requirements include, but are not limited to, the following:
(a) Cooperative bargaining association
(A) A cooperative bargaining association must
			 provide a current and accurate membership list of the grower members who would
			 be bound by the established price.
(B) A cooperative bargaining association must
			 provide documentation that grower members of the association produce production
			 contracted seed for a seed dealer participating in price negotiations for that
			 crop year. Documentation may consist of a list of each grower member of the
			 association, and for each such grower member, a list of the seed dealers for
			 whom the member is producing production contracted seed for the current crop
			 year.
(C) A cooperative bargaining
			 association may send up to 20 (twenty) representatives to participate as
			 members of the Bargaining Council.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0021 - Grass seed price negotiation process and timeline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Planning Committee shall convene on
			 or about February 1 each year.
(2)
			 By May 1, a cooperative bargaining association intending to participate in
			 negotiations for the current crop year shall provide a current and accurate
			 membership list to the department.
(3) By May 1, a cooperative bargaining
			 association intending to participate in negotiations for the current crop year
			 shall provide documentation that grower members of the association produce
			 production contracted seed for a seed dealer participating in price
			 negotiations for that crop year.
(4) By May 1, a seed dealer intending to
			 participate in negotiations for the current crop year shall provide
			 documentation of contracted seed production with members of the cooperative
			 bargaining association.
(5) By May
			 15, the department shall review the documentation provided as described in
			 sections (2), (3), and (4) of this rule and notify submitters of their
			 eligibility to participate in negotiations.
(6) Data Meeting(s)
(a) At least one data meeting shall be
			 convened each year prior to negotiations; additional meetings may be held if
			 requested by the Planning Committee or Bargaining Council.
(b) Meetings will be organized by the
			 Planning Committee and hosted by the department.
(c) Data meetings shall be open to any
			 interested individual.
(d) Data
			 meeting discussion topics may include inventory availability, crop yields, and
			 other relevant data affecting the production or market for perennial ryegrass,
			 annual ryegrass, and tall fescue seed. No pricing shall be discussed.
(e) A data meeting may be held in-person or
			 via teleconference at the discretion of the department. If in-person, the
			 location will be determined by the department in consultation with the Planning
			 Committee. Any fees associated with in-person meetings shall be paid for by the
			 Bargaining Council as described in OAR 603-076-0021.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0022 - Fees for Grass Seed Price Negotiations

Current through Register Vol. 63, No. 7, July 1, 2024
The department is authorized under ORS
				646.738 to collect fees from the
				parties to cover the costs associated with supervising and administering the
				regulatory program. The Department shall provide the parties with an itemized
				list of costs associated with the regulatory program, and fees shall be as
				follows:
(1) The dealers on the
			 Bargaining Council shall reimburse the department for half of its costs for
			 Oregon Department of Justice legal counsel directly related to supervising the
			 price negotiations. The cooperative bargaining association(s) shall reimburse
			 the department for the other half of such costs.
(2) Costs for the department's active
			 supervision shall include $100 per hour per staff member for time devoted to
			 administration and supervision of the regulatory program, plus associated
			 travel costs (mileage at state rates, and travel time) and expenses (copies,
			 etc.). At the outset of price negotiations, each participating seed dealer, and
			 each participating collective bargaining association, shall pay a fee of $100
			 toward the cost of active supervision of the negotiations. A seed dealer shall
			 only pay one, $100 fee, even if the seed dealer sends multiple representatives
			 to the Bargaining Council. Costs that exceed the total collected from the
			 parties for this $100 flat fee, except for those costs described in section (1)
			 of this rule, shall be evenly divided between all parties for payment to the
			 department.
Statutory/Other Authority: ORS
				  561.190 &
				  646.738
Statutes/Other Implemented: 646.738, 62.0115, 646.515,
				  646.535, 646.736 & 646.740
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0052 - Active State Supervision of Season Starting Price Negotiations for Seafood Commodities

Current through Register Vol. 63, No. 7, July 1, 2024
To ensure that the Director is actively supervising the conduct
				of the seafood harvester association representatives and the seafood dealers
				under the regulatory program in accordance with the requirements of the federal
				antitrust laws and the Oregon Antitrust Act:
(1)
(a) The
			 Director - at the request of a minimum of fifty-one percent (51%) of harvesters
			 with active permits for the specific seafood subject to negotiations, and
			 fifty-one percent (51%) of dealers by volume of pounds landed in the previous
			 year of the specific seafood species subject to negotiations - shall convene
			 duly elected or appointed representatives of the seafood harvesters and seafood
			 dealers, at a predetermined location, date and time to enter into price
			 negotiations with the objective of reaching agreement on a negotiated season
			 starting price for review and approval by the Department.
(b) The Director may schedule a series of
			 meetings between the representatives of the harvesters and dealers.
(c) The names and affiliations of the
			 representatives of the seafood harvester and the dealers shall be provided to
			 the Department at least two working days prior to the meeting.