reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person requesting a fee waiver or reduction from the commission must submit
			 a completed Fee Waiver or Reduction Request Form to the commission at the
			 address provided in 668-020-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 668-030-0010 - Number of Commissioners and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Strawberry Commission will consist of seven
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term or three years or, if for a term following a prior term for that
				person, ending three years from the date of expiration of any prior
				term.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 668-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment, if any, on the commodity in
			 each of the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 668-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may make a recommendation to the Director of the
				Department of Agriculture remove a commissioner from office, and declare the
				position vacant for cause, including the following reasons:
(1) Two consecutive unexcused absences, or
			 other neglect of duty in office;
(2) Use of the commission appointment for
			 financial gain or to avoid financial detriment;
(3) Unauthorized use or disclosure of
			 confidential information;
(4)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(5) Misappropriation or
			 misuse of commission funds;
(6)
			 Failure to satisfy one or more qualifications for appointment.;
(7) Not working for the positive economic
			 benefit of the commodity;
(8)
			 Inefficiency; or
(9)
			 Misconduct.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 668-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Annually, at the last regular meeting of the Commission before the end of the
			 fiscal year, the Oregon Strawberry Commission will elect from its members a
			 Chair, a Vice Chair and a Secretary/Treasurer who will serve until their
			 successors are elected and qualified. The Chair or Vice Chair may resign as
			 such or may be removed from that position by vote of four Commissioners. If the
			 Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and
			 a successor will be elected at the next regular meeting of the Commission. The
			 Chair will preside over all meetings, call special meetings, and generally
			 supervise the business affairs of the commodity commission committees. The Vice
			 Chair will act in lieu of the Chair when the Chair is unable to perform the
			 duties of the office of Chair or while the office is vacant. Under normal
			 circumstances, the Vice Chair assists in the completion of the duties of the
			 Chair. The Secretary/Treasurer of the commission acts as custodian of all the
			 monies, property, securities, fidelity bonds, and the books, records, and
			 accounts maintained by the commodity commission. This officer is also
			 responsible for promptly depositing all monies and securities of the commission
			 into the appropriate banking institutions. These duties may be delegated to the
			 administrator. In the absence of the Chair or Vice Chair, the
			 Secretary/Treasurer may perform his or her duties.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0010 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the availability of funds in the budget, the Commission must pay any
			 member of the Commission, other than a member who is employed in full-time
			 public service, compensation for each day or portion thereof during which the
			 member is actually engaged in the performance of official Commission
			 duties.
(2) The rate of
			 compensation is $30 per day pursuant to ORS
			 292.495(1).
(3) In order to receive compensation, a
			 member must submit to the Commission a written claim for compensation by the
			 10th day of the second calendar month following the month for which the member
			 seeks compensation. The member must specify the amount of time the member spent
			 on official Commission duties as well as the nature of the duties performed for
			 any day or portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS
				  292.495, ORS
				  576.206 & ORS
				  576.416
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0020 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to subsections (2) through (6) of
			 this rule, a member of the Commission, including a member employed in full-time
			 public service, may receive actual and necessary travel and other expenses
			 actually incurred in the performance of the member's official duties.
(2) In order to receive reimbursement of
			 actual and necessary travel and other expenses, a member must submit to the
			 Commission a written itemized claim for reimbursement supported by receipts,
			 invoices or other appropriate documentation for travel and other expenses by
			 the 10th day of the second calendar month following the month in which the
			 member incurred the expense. The claim for reimbursement must include the
			 following information for each expense:
(a)
			 Date on which the member incurred the expense;
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0030 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 668-040-0020, "other
			 expenses" includes expenses incurred by a member of the Commission in employing
			 a substitute to perform duties, including personal duties, normally performed
			 by the member, which the member is unable to perform because of the performance
			 of official duties and which, by the nature of such duties, cannot be delayed
			 without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day pursuant to ORS
			 292.495(3).
Statutory/Other Authority: ORS
				  292.495
Statutes/Other Implemented: ORS
				  292.495 & ORS
				  576.206(7)
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and necessary" means that a
			 travel or other expense:
(a) Is an actual
			 expense incurred by a member in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0110 - Commissioner Per Diem and Reimbursements Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with the procedures set
			 forth in OAR 669-030-0130  and OAR 669-030-0140, the Oregon Strawberry
			 Commission shall provide to a qualified member of the Oregon Strawberry
			 Commission:
(a) Per diem compensation equal to
			 the per diem paid to members of the Legislative Assembly under ORS 171.072, for
			 each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 605-020-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Strawberry
			 Commission shall provide to a non-qualified member of the Oregon Strawberry
			 Commission who is not employed in full-time public service per diem
			 compensation equal to the per diem paid to members of the Legislative Assembly
			 under ORS 171.072, for each day or portion thereof during which the
			 non-qualified member is actually engaged in the performance of official
			 duties.
(2) In accordance with the
			 procedures set forth in OAR 668-040-0130, the Oregon Strawberry Commission
			 shall provide to a non-qualified member of the Oregon Strawberry Commission
			 reimbursement of actual and necessary travel or other expenses actually
			 incurred in the performance of a non-qualified member's official duties within
			 the limits provided in Oregon Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Strawberry Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Strawberry
			 Commission.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Strawberry Commission no later than the 15th day of the calendar month
				following the month for which the member seeks compensation. For example, a
				claim for compensation for May 1 and May 10 must be submitted by June 15. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 40 - REIMBURSEMENT OF EXPENSES › Section 668-040-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A member must submit a written, itemized claim for reimbursement of actual and
			 necessary travel or other expenses to the Oregon Strawberry Commission no later
			 than the 15th day of the calendar month following the month in which the member
			 incurred the expense. For example, a claim for compensation for May 1 and May
			 10 must be submitted by June 15. The claim for reimbursement must include the
			 following information for each expense:
(a)
			 Date on which the member incurred the expense;
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 1 - PROCEDURAL RULES › Section 669-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Sweet Cherry Commission will give notice of the intended action:
(1) In the Secretary of State's Bulletin,
			 referred to in ORS 183.360, at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Sweet Cherry
			 Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to;
(a) The Associated Press;
(b) Associations with an interest in
			 Commission's rulemaking and publications whose readers have an interest in
			 Commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 Commission.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, association, partnership, or joint stock
			 company.
(2) "Commission" means the
			 Oregon Sweet Cherry Commission.
(3)
			 "Casual Sale" means any sale of Oregon-produced sweet cherries made by the
			 producer direct to any consumer(s), or any sales of fresh cherries, made direct
			 to any retailer(s) in any one season, for an accumulated total of 2000 pounds
			 or less during any one fiscal year.
(4) "First Purchaser" means any person who
			 buys sweet cherries from the producer in the first instance, or handler who
			 receives the cherries in the first instance from the producer for resale or
			 processing.
(5) "Producer" means a
			 person or other legal entity producing sweet cherries in Oregon for market,
			 whether as a land-owner, landlord, tenant, sharecropper, or
			 otherwise.
(6) "Handler" means any
			 producer, processor, distributor, or other person engaged in handling or
			 marketing of or dealing in sweet cherries, whether as owner, agent, employee,
			 broker, or otherwise.
(7) Sweet
			 cherries consist of the species Prunes Avium Linn and includes, but is not
			 limited to, such varieties as Royal Annes, Corum, Sam, Black Republican, Van,
			 Bing, Hoskins, Rainier, and Lambert. All sweet cherries grown in Oregon and
			 sold commercially for whatever purpose (either for fresh market or processing)
			 are to be included.
(8) "Net Paid
			 for Weight" means the actual weight of all sweet cherries sold, less
			 culls.
(9) "Cash Buyer" means any
			 first purchaser who fully pays for any purchase within 30 days.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0020 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The first
			 purchaser or producer acting in the capacity of his or her own first purchaser
			 will deduct and withhold for assessments the following amounts for all sweet
			 cherries grown in Oregon and sold for the following purposes on any crop
			 harvested after this date:
(a) Fresh market -
			 $27 per ton;
(b) Canned - $9.00 per
			 ton;
(c) Frozen - $9.00 per
			 ton;
(d) Brined - $9.00 per
			 ton.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0025 - Reports and Payment of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers must submit
			 completed and signed assessment reports on commission approved forms.
			 Assessment reports will include all purchases or deliveries to a first
			 purchaser or handler of sweet cherries (net paid weight). The assessments will
			 be reported as follows:
(a) Cherries destined
			 for fresh market that were purchased or delivered, the assessment report is due
			 in the commission office postmarked on or before October 1st. If a final report
			 cannot be completed within this time frame an estimated report is due by the
			 date specified above. If an estimate is used, the final report is due by
			 November 1st. (Also see item 4 below.)
(b) Cherries destined for brining, canning,
			 and or freezing that were purchased or delivered to the first purchaser before
			 December 1st, the assessment report is due in the commission office postmarked
			 on or before December 15th. Cherries destined for brining, canning, and or
			 freezing that were purchased or delivered to the first purchaser after December
			 1st, the assessment report is due in the commission office postmarked on or
			 before May 15th.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0030 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys (ORS
				576.355), "In addition to the
				penalties prescribed in 576.99, any person who delays transmittal of funds
				beyond the time set by a Commission shall pay a penalty of ten percent of the
				amount due and shall also pay one and one-half percent interest per month on
				the unpaid balance of the assessment. If seeking a waiver of the penalties, a
				written explanation of the circumstances that caused the payment delay must be
				submitted to the Commission office for review. Penalties may be waived by a
				majority vote of the Commission.
Stat. Auth.: ORS 576 & 2003 OL Ch. 604
Stats. Implemented: ORS 576 & 2003 OL Ch. 604
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0040 - Effective Dates of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a first purchaser or
				handler, as required by ORS Chapter 576 and OAR
				669-010-0020(4)
 
				of the reports required under
				669-010-0025,
				applies to and covers any purchase by him or her or delivery on or after June
				1, 1989, of any sweet cherries grown in Oregon.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 669-010-0050 - Exemption Based on Type of Commodity Sale

Current through Register Vol. 63, No. 7, July 1, 2024
No assessment will be deducted for any sale or sales of sweet
				cherries made by the producer direct to any consumer(s) and/or retailer(s)
				where the total accumulated sales during a fiscal year is not more than 2000
				pounds. (See casual sales as defined in
				669-010-0015.)
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7) that require each public body to publish its methods for the public
			 to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Sweet Cherry
			 Commission records and to prevent interference with the regular discharge of
			 the commission duties, the commission adopts the procedures set forth in this
			 division. Procedures for review of any denial of public records requests, or
			 fee waiver or reduction, shall be in accordance with the provisions of ORS
			 192.311 to 192.478.
(2) Capitalized
			 terms in this division not specifically defined are as defined in ORS
			 192.311.
(3) Commodity Commission
			 is as defined in ORS 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14)
				  & ORS 183
Statutes/Other Implemented: ORS
				  192.324
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at 1827 NE 44th Ave #315, Portland, OR 97213.
Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14)
				  & ORS 183
Statutes/Other Implemented: ORS
				  192.324
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may request additional
			 information or clarification from a requester of public records for the purpose
			 of expediting the commission's response to the request.
(2) Within five business days after receiving
			 the request, the commission shall acknowledge receipt of the request or
			 complete the response to the request. An acknowledgment under this subsection
			 must:
(a) Confirm that the commission is the
			 custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The commission is not required to comply with the time periods set forth in
			 this division if the commission finds that compliance would be impracticable
			 because:
(a) The staff or volunteers necessary
			 to complete a response to the public records request are unavailable, on leave,
			 or are not scheduled to work; or
(b) Compliance would demonstrably impede the
			 commission's ability to perform other necessary services; or
(c) Of the volume of public records requests
			 being simultaneously processed by the commission.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 20 - PROCEDURES FOR PUBLIC RECORDS REQUESTS › Section 669-020-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form, available from the commission
			 office, to the commission at the address provided in 669-020-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or other applicable legal fees;
(e)
			 Copies, media, and postage fees will be based on current rates.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Sweet Cherry Commission will consist of 11
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term three years or, if for a term following a prior term for that
				person, ending three years from the date of expiration of any prior term. No
				commissioner will serve more than two full consecutive terms of office. That
				person may serve again following a minimum of one year off the
				Commission.
Statutory/Other Authority: 2003 OL Ch. 604 & ORS
				  576
Statutes/Other Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment on the commodity in each of
			 the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may recommend that the Director of the
				Department of Agriculture may remove a commissioner from office, and declare
				the position vacant for cause.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the last regular meeting of the Commission before
				the end of the fiscal year, the Commission will elect from its members a Chair,
				a Vice Chair and a Secretary/ Treasurer who will serve until their successors
				are elected and qualified. The Chair, Vice Chair or Secretary/Treasurer may
				resign as such or may be removed from that position by vote of a majority of
				Commissioners. If the Chair, Vice Chair or Secretary/Treasurer ceases to be a
				Commissioner, the office will be vacant and a successor will be selected at the
				next regular meeting of the Commission. The Chair will preside over all
				meetings of the Commission. The Vice Chair will act in lieu of the Chair when
				the Chair is unable to perform the duties of the office of Chair or while the
				office is vacant. The Secretary/Treasurer will be available to approve and
				co-sign payments as needed.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0050 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the availability of funds in the budget of the commission, the
			 Oregon Sweet Cherry Commission must pay any member of the commission, other
			 than a member who is employed in full-time public service, compensation for
			 each day or portion thereof during which the member is actually engaged in the
			 performance of official commission duties.
(2) The rate of compensation is limited to
			 $30 per day, pursuant to ORS
			 292.495(1).
(3) In order to receive compensation, a
			 member must submit to the Oregon Sweet Cherry Commission a written claim for
			 compensation by the 10th day of the calendar month following the month for
			 which the member seeks compensation. The member must specify the amount of time
			 the member spent on official commission duties as well as the nature of the
			 duties performed for any day or portion thereof for which the member claims
			 compensation.
Stat. Auth.: ORS
				  292.495,
				  576.206 &
				  576.416.
Stats. Implemented:
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0060 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to sections (2)-(6) of this rule,
			 a member of the Oregon Sweet Cherry Commission, including a member employed in
			 full-time public service, may receive actual and necessary travel and other
			 expenses actually incurred in the performance of the member's official
			 duties.
(2) In order to receive
			 reimbursement of actual and necessary travel and other expenses, a member must
			 submit to the Oregon Sweet Cherry Commission a written itemized claim for
			 reimbursement supported by receipts, invoices or other appropriate
			 documentation for travel and other expenses by the 10th day of the calendar
			 month following the month in which the member incurred the expense. The claim
			 for reimbursement must include the following information for each expense:
(a) Date on which the member incurred the
			 expense; and
(b) Nature of the
			 expense; and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0070 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 669-030-0060, "other
			 expenses" includes expenses incurred by a member of the Oregon Sweet Cherry
			 Commission in employing a substitute to perform duties, including personal
			 duties, normally performed by the member, which the member is unable to perform
			 because of the performance of official duties and which, by the nature of such
			 duties, cannot be delayed without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day, pursuant to ORS
			 292.495(3).
Stat. Auth.: ORS
				  292.495.
Stats. Implemented: ORS
				  292.495,
				  576.206(7).
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0100 - Commissioner Per Diem and Reimbursements Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and necessary" means that a
			 travel or other expense:
(a) Is an actual
			 expense incurred by a member in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 669-030-0130  and OAR
			 669-030-0140, the Oregon Sweet Cherry Commission shall provide to a qualified
			 member of the Oregon Sweet Cherry Commission:
(a) Per diem compensation equal to the per
			 diem paid to members of the Legislative Assembly under ORS 171.072, for each
			 day or portion thereof during which the qualified member is actually engaged in
			 the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 605-020-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Sweet
			 Cherry Commission shall provide to a non-qualified member of the Oregon Sweet
			 Cherry Commission who is not employed in full-time public service per diem
			 compensation equal to the per diem paid to members of the Legislative Assembly
			 under ORS 171.072, for each day or portion thereof during which the
			 non-qualified member is actually engaged in the performance of official
			 duties.
(2) In accordance with the
			 procedures set forth in OAR 669-030-0140, the Oregon Sweet Cherry Commission
			 shall provide to a non-qualified member of the Oregon Sweet Cherry Commission
			 reimbursement of actual and necessary travel or other expenses actually
			 incurred in the performance of a non-qualified member's official duties within
			 the limits provided in Oregon Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Sweet Cherry Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Sweet
			 Cherry Commission.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Sweet Cherry Commission no later than the 15th day of the calendar month
				following the month for which the member seeks compensation. For example, a
				claim for compensation for May 1 and May 10 must be submitted by June 15. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 669 - DEPARTMENT OF AGRICULTURE, OREGON SWEET CHERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES › Section 669-030-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A member must submit a written, itemized claim for reimbursement of actual and
			 necessary travel or other expenses to the Oregon Sweet Cherry Commission no
			 later than the 15th day of the calendar month following the month in which the
			 member incurred the expense. For example, a claim for compensation for May 1
			 and May 10 must be submitted by June 15. The claim for reimbursement must
			 include the following information for each expense:
(a) Date on which the member incurred the
			 expense;
(b) Nature of the expense;
			 and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 1 - PROCEDURAL RULES › Section 670-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Blueberry Commission will give notice of the intended action:
(1) By causing the notice to be published in
			 the Secretary of State's Bulletin, referred to in ORS 183-360, at least 21 days
			 before the effective date of the rule;
(2) By mailing a copy of the notice to
			 persons on the Oregon Blueberry Commission's mailing list established pursuant
			 to ORS 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in a
			 commission's rulemaking and publications whose readers have an interest in
			 commission's activities, and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, association, partnership or joint stock
			 company.
(2) "Commission" means the
			 Oregon Blueberry Commission.
(3)
			 "First Purchaser" means any person who buys blueberries from the producer in
			 the first instance, or handler who receives the blueberries in the first
			 instance from the producer for resale or processing.
(4) "Producer" means a person or other legal
			 entity producing blueberries in Oregon, for market, whether as a landowners,
			 landlord, tenant, sharecropper or otherwise.
(5) "Handler" means any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 blueberries, whether as owner, agent, employee, broker or otherwise.
(6) "Blueberries" means blueberries that
			 belong to the genus Vaccinium (including but not limited to the cultivars "high
			 bush", "rabbiteye" and "low-bush" or "wild") grown commercially in the State of
			 Oregon. All blueberry cultivars sold commercially for whatever purpose are
			 subject to these rules.
(7) "Casual
			 Sales" means any sales of blueberries made by the producer directly to the
			 consumer where the total accumulated sales during the fiscal year are not more
			 than 500 pounds.
(8) "Reporting
			 Year" means a calendar year beginning May 1 and ending April 30.
Stat. Auth.: ORS
				  576.305 -
				  576.325(1)(c)
Stats. Implemented: ORS
				  576.325
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any producer,
			 handler or first purchaser shall deduct and withhold an assessment of
			 four-tenths of a cent ($.004) per pound or $8 per ton after June 1, 2001 for
			 all blueberries grown in Oregon (See definition of "First Purchaser.)
(2) The maximum assessment for a reporting
			 year (670-010-0005(8)) will be one percent of the total annual gross sales of
			 the raw product of the berries delivered to the handler(s) during the reporting
			 year.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 &
				  576.335
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0011 - Challenge Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 576.370 and OAR
			 603-043-0040, a
			 producer may file a challenge by obtaining a Commission Assessment Challenge
			 Form from the commission. The producer must file the completed Challenge Form
			 with a US Postmark dated no later than 60 days from April 30th of each
			 year.
(2) In calculating whether a
			 producer has paid an assessment that exceeds one percent of the total dollar
			 amount received by the producer for the raw commodity during the assessment
			 period the producer must use the assessment period as defined by
			 670-010-0005(8).
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0015 - Reports and Payments of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The reporting period to the Commission is
			 annually with the assessment report and payment postmarked on or before
			 November 30th of each reporting year.
(2) First purchasers must include the
			 producer's name, full address, total pounds, and assessment collected for all
			 purchases by or deliveries received during the reporting year on the assessment
			 report. The first purchasers must sign each assessment report to certify the
			 information provided.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325, ORS
				  576.335 & ORS
				  576.345
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys ORS
				576.355"In addition to the
				penalties prescribed in ORS
				576.991, any person who delays
				transmittal of funds beyond the time set by a Commission shall pay a penalty of
				10 percent of the amount due and shall also pay one and one-half percent
				interest per month on the unpaid balance of the assessment. A commission may
				waive the penalty and interest described in subsection (1) of this section upon
				showing of good cause."
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION › Section 670-010-0025 - Effective Date of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a producer, first
				purchaser or handler, as required by ORS Chapter 576 and subsection (1) of
				Section 2, or reports required under Section 3, applies to and covers any
				sales, purchases or delivery on or after June 1, 1986, of blueberries grown in
				Oregon.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 & ORS
				  576.335
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206,
				  576.416
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311, ORS
				  576.416,
				  576.440
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495