reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0040 - Reports and Payments of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 Producers and Vertically Integrated Producers shall make an accurate Assessment
			 Report to the Commission on forms approved by and provided by the
			 Commission.
(2) For all Hemp Sold
			 Commercially or Transferred Internally, the Producer or Vertically Integrated
			 Producer shall complete and file an Assessment Report and pay the Assessment to
			 the Commission quarterly as follows:
(a) for
			 sales or transfers in January, February, and March, the Assessment Report and
			 Assessment must be submitted on or before the April 15;
(b) for sales or transfers in April, May, and
			 June, the Assessment Report and Assessment must be submitted on or before July
			 15,
(c) for sales or transfers in
			 July, August, and September, the Assessment Report and Assessment must be
			 submitted on or before October 15, and
(d) for sales or transfers in October,
			 November, and December, the Assessment Report and Assessment must be submitted
			 on or before January 15.
(e) For
			 purposes of this section (2) of this rule, Assessments submitted via postal
			 mail shall be considered timely If postmarked on or before the quarter's
			 deadline in which the assessment is due.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0050 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the penalties prescribed
			 in ORS 571.501, a Producer or Vertically Integrated Producer who fails to pay
			 any or all of the Assessment by the date in OAR 648-010-0040(2)  shall pay the
			 amount of the Assessment due, a penalty of 10 percent of the Assessment due,
			 and one and one-half percent interest per month on any unpaid balance of the
			 Assessment due, except that the Commission may decide to waive the penalty and
			 interest upon showing of Good Cause.
(2) The Commission may commence a civil
			 action or utilize any other available legal or equitable remedy to collect an
			 Assessment, interest, or penalty, obtain injunctive relief or obtain specific
			 performance under ORS 571.400 to 571.501.
(3) If the Commission obtains a favorable
			 judgment in an action or suit under section (2) of this rule, the court shall
			 award to the Commission costs and reasonable attorney fees.
Statutory/Other Authority: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447 - 571.501
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0060 - Records of Producer Required to Pay Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Producer and Vertically Integrated Producer shall maintain accurate records
			 sufficient to enable the Commission to determine by inspection and audit the
			 accuracy of Assessment Reports and Assessments paid or due to the Commission
			 and of made or due to the Commission.
(2) The Commission may inspect and audit the
			 records referred to in section (1) of this rule for the purpose of determining
			 the accuracy of Assessment Reports and Assessments paid or due to the
			 Commission.
(3) For purposes of
			 determining the accuracy of Assessment Reports and Assessments paid or due to
			 the Commission, the Commission may issue a subpoena for the production of any
			 books, records or documents related to the Assessment to a Producer or
			 Vertically Integrated Producer required to pay the Assessment. A Producer or
			 Vertically Integrated Producer is delinquent in the payment of an Assessment,
			 the Producer or Vertically Integrated Producer shall pay the cost of the audit,
			 not to exceed an amount equal to the delinquent Assessment.
Statutory/Other Authority: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447-571.501
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0070 - Dispute Regarding Amount of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
A Producer or a Vertically Integrated Producer may file a
				challenge to an Assessment with the Commission, on a form provided by the State
				Department of Agriculture, in accordance with OAR Chapter 603, Division
				43.
Statutory/Other Authority: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423 &
				  ORS 571.447 - 571.501
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0010 - Purpose of Public Records Requests 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 Hemp Commission records and to prevent
			 interference with the regular discharge of the commission's 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.
Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS
				  571.406(3) & ORS 571.423(19)
Statutes/Other Implemented: ORS 192.311 to ORS
				  192.478
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0020 - 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, the manner in which the requester prefers to receive the record(s)
			 and, if requested in paper, 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 hemp-commission@oda.oregon.gov
Statutory/Other Authority: ORS 192.318, ORS 192.324, ORS
				  571.406(3) & ORS 571.423(19)
Statutes/Other Implemented: ORS 192.311 to ORS
				  192.478
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0030 - 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0040 - 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0050 - 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS PROCEDURES › Section 648-020-0060 - 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 648-020-0020. The form is available from the commission.
(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: $75 per hour;
(e) Copies, media, and postage fees will be
			 based on current rates.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these Division 30 rules:
(1) "Producer" has the meaning given the term
			 "grower" in ORS 571.269, which means a person, joint venture or cooperative
			 that produces industrial hemp. A producer must have produced hemp under a
			 license or registration issued by the State Department of Agriculture for at
			 least three years prior to being appointed as a commissioner.
(2) "Handler" has the meaning given that term
			 in ORS 571.269, which means a person, joint venture or cooperative that
			 receives industrial hemp for processing into commodities, products or
			 agricultural hemp seed. "Handler" also has the same meaning as "processor," as
			 that term is defined in ORS 571.400. A handler must have processed hemp under a
			 license or registration issued by the Department for at least three years prior
			 to being appointed as a commissioner, or must be an employee of such a
			 company.
(3) "Commission" means the
			 Oregon Hemp Commission.
(4)
			 "Department" means the Department of Agriculture of the State of
			 Oregon.
(5) "Director" means the
			 Director of the Department.
Statutory/Other Authority: ORS 571.406(3) & ORS
				  571.423(19)
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19),
				  ORS 571.406(6) & ORS 571.406(7)
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0020 - Number of Commissioners; Term Length

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Hemp
			 Commission shall consist of nine commissioners appointed by the Director for a
			 term of four years, or if for a term following a prior term for that person,
			 the term will end four years from the expiration date of any prior term. The
			 terms for the first set of commissioners shall be staggered as follows: three
			 commissioners (Producer 5, Handler 1, and the Public Member) will serve serve
			 two years; three commissioners (Producer 2, Producer 6, and Handler 2) will
			 serve three years; and three commissioners (Producer 4, Producer 3, and
			 Producer 1) will serve four years.
(2) The Oregon Hemp Commission shall consist
			 of six producers, two processors, and one public member.
Statutory/Other Authority: ORS 571.406(3) & ORS
				  571.423(19)
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19),
				  ORS 571.406(6), ORS 571.406(7) & ORS
				  571.406(8)
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0030 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
Hemp commissioners shall have the following qualifications,
				which shall continue during the term(s) of office of the commissioner:
(1) All commissioners shall be U.S. citizens
			 and Oregon residents;
(2) Six
			 commissioners shall be producers. Producer commissioners must have produced
			 hemp under a license or registration issued by the Department for at least
			 three years prior to appointment to the commission;
(3) Two commissioners shall be handlers.
			 Handler commissioners must have processed hemp under a license or registration
			 issued by the Department for at least three years prior to appointment to the
			 commission; and
(4) One
			 commissioner shall be a member of the public with an active interest in the
			 positive economic development, production or marketing of hemp, but who is not
			 associated with the production or processing of hemp.
Statutory/Other Authority: ORS 571.406(3) & ORS
				  571.423(19)
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19),
				  ORS 571.406(6) & ORS571.406(7)
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0040 - Geographic Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the qualifications set forth in OAR 648-030-0030, the Director shall appoint
			 producer commissioners so that each of the following hemp-producing regions of
			 the state is represented by one producer as follows:
(a) Central, consisting of Crook, Deschutes,
			 Gilliam, Jefferson, Lake, Morrow, Sherman, Wasco, and Wheeler counties,
			 represented by Producer 1;
(b)
			 Eastern, consisting of Baker, Grant, Harney, Malheur, Umatilla, Union, and
			 Wallowa counties, represented by Producer 2;
(c) Northwest, consisting of Benton, Clatsop,
			 Columbia, Clackamas, Hood River, Lane, Lincoln, Linn, Marion, Multnomah, Polk,
			 Tillamook, Washington, and Yamhill counties, represented by Producer 3;
			 and
(d) Southwest, consisting of
			 Coos, Curry, Douglas, Jackson, Josephine, and Klamath counties, represented by
			 Producer 4.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0050 - Chairperson and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annually, at
			 the Commission's budget hearing for the new fiscal year, the Commission shall
			 elect from the commissioners a Chairperson, a Vice Chairperson, and a
			 Secretary/Treasurer (collectively, "officers"), who shall serve until their
			 successors are elected.
(2) Any
			 officer may resign or may be removed as an officer by a vote of five of the
			 commissioners. If any officer ceases to be a commissioner, the office shall be
			 vacant and a successor shall be elected at the next meeting of the
			 Commission.
(3) The Chairperson
			 shall preside over all meetings of the Commission. The Vice Chairperson or
			 Secretary/Treasurer shall act in lieu of the Chairperson when the Chairperson
			 is unable to perform the duties of the office or while the office is
			 vacant.
Statutory/Other Authority: ORS 571.406(3) & ORS
				  571.423(19)
Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19)
				  & ORS 571.406(9)
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, ELECTION OF OFFICERS, REMOVAL FROM OFFICE › Section 648-030-0060 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of
			 the Department of Agriculture may remove a commissioner from office for cause
			 and declare the position vacant.
(2) The Commission may make a recommendation
			 regarding removal of a commissioner to the Director of the Department of
			 Agriculture, or the Director may request a recommendation from the Commission
			 on the removal of any commissioner.
(3) The Commission may recommend that the
			 Director of the Department of Agriculture remove a commissioner from office for
			 cause, and declare the position vacant, for the following reasons:
(a) Three unexcused absences during the
			 commissioner's term in office, or other neglect of duty in office;
(b) Use of the commissioner position for
			 personal financial gain or to avoid personal financial detriment;
(c) Unauthorized use or disclosure of
			 confidential information;
(d)
			 Conduct in violation of Oregon government ethics law;
(e) Conduct in violation of Oregon public
			 meeting or public records law;
(f)
			 Misappropriation or misuse of Commission funds;
(g) Failure to act for the positive economic
			 benefit of the commodity; or
(h)
			 Failure to satisfy one or more qualifications for appointment.
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 40 - COMMISSIONER PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 648-040-0100 - 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 40 - COMMISSIONER PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 648-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 648-040-0130  and 648-040-0140, the Oregon
			 Hemp Commission shall provide to a qualified member of the Oregon Hemp
			 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 40 - COMMISSIONER PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 648-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in 648-040-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Hemp Commission shall
			 provide to a non-qualified member of the Oregon Hemp 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 648-040-0140, the Oregon Hemp Commission shall provide to a
			 non-qualified member of the Oregon Hemp 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 Hemp
			 Commission may decline to accept compensation or reimbursement of expenses
			 related to the non-qualified member's service on the Oregon Hemp
			 Commission.
Statutory/Other Authority: ORS 571.406(3), ORS 571.417 &
				  ORS 571.423
Statutes/Other Implemented: ORS 571.417 & ORS
				  292.495
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 40 - COMMISSIONER PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 648-040-0130 - 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 Hemp 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 571.406(3), ORS 571.417 &
				  ORS 571.423
Statutes/Other Implemented: ORS 571.417 & ORS
				  292.495
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 40 - COMMISSIONER PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 648-040-0140 - 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 Hemp 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 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0010 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 648, division 50, implements ORS 571.444, which
				authorizes Commission to develop intellectual property that relates to hemp or
				assists in the implementation, maintenance or development of Commission
				programs. ORS 571.444 requires the Commission to adopt rules to govern the
				ownership, management, disposal and use of intellectual property and other
				activities of the Commission relating to intellectual property.
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to the rules in OAR chapter
				648, division 50, unless the context clearly requires otherwise:
(1) "Commission" means the State of Oregon,
			 acting by and through the Oregon Hemp Commission.
(2) "Copyright" means a comprehensive
			 privilege to exclusively print, reprint, publish, copy, translate, dramatize,
			 convert, arrange, adapt, complete, execute, finish, deliver in public, perform,
			 and transcribe an original work pursuant to   17 USC §§
									101-1511  (2021).
(3) "Intellectual Property"
			 has the meaning given in ORS 571.444: "patents, copyrights, trademarks,
			 inventions, discoveries, processes, ideas and other similar property, whether
			 or not they are patentable or copyrightable.
(4) "Licensing Agreement" means a binding
			 contractual instrument between the Commission and a Person identifying the
			 terms and conditions by which such Person may use Commission Intellectual
			 Property.
(5) "Patent" means an
			 instrument issued by the federal government pursuant to   35 USC §§
									1-390  (2021) granting to original inventors the exclusive right for a period of
			 time to manufacture, sell, and use the invention described therein.
(6) "Person" means a person as defined in in
			 ORS 174.100, including individuals, corporations, associations, firms,
			 partnerships, limited liability companies and joint stock companies. "Person"
			 also means a federal, state, or local government body, a Native American tribe,
			 or an agent or representative of any of the foregoing.
(7) "Trademark" has the meaning given in  15 USC §
									1127  (2021).
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0030 - Authority to Own, Manage, Dispose of, and Use Intellectual Property

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may, at its discretion, take actions that it
				deems necessary and appropriate to own, manage, dispose of, use, and allow
				other Persons to use Intellectual Property. Such actions may include, but are
				not limited to, applying for Patents, Copyright or Trademark registrations to
				perfect or preserve its rights with respect to Intellectual Property; employing
				Intellectual Property for its own use; and requiring other Persons to execute
				Licensing Agreements or other documents satisfactory to the Commission as a
				condition for licensing, sharing, or otherwise obtaining use of Intellectual
				Property from the Commission.
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0040 - Guidelines Concerning Acquisition and Use of Intellectual Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may, at its discretion,
			 license, share with, or otherwise provide for the use by a Person of
			 Intellectual Property acquired or developed by the Commission. In determining
			 whether or not to allow use of its Intellectual Property, the Commission may
			 consider factors including, but not necessarily limited to, the public interest
			 served in allowing its use; the cost and administrative burden of allowing its
			 use; the furtherance of Commission purposes through allowing its use; the
			 potential liability from allowing its use; the Commission's experience with the
			 Person; the reputation in the community of the Person; the ability of the
			 Person to pay an appropriate fee for the use of the Intellectual Property; the
			 Person's execution of a Licensing Agreement or other documents satisfactory to
			 the Commission; and the impact of allowing its use on the ability of the
			 Commission to acquire or develop additional Intellectual Property.
(2) The Commission may, at its discretion,
			 enter into agreements, including but not necessarily limited to materials
			 transfer agreements, memoranda of understanding, or a license to use
			 Intellectual Property. In determining whether or not to enter into such
			 agreements, the Commission may consider factors including, but not necessarily
			 limited to, the public interest served in allowing its use; the cost and
			 administrative burden of allowing its use; the furtherance of Commission
			 purposes through allowing its use; the potential liability from allowing its
			 use; the Commission's experience with the Person; the reputation in the
			 community of the Person; the Person's execution of a Licensing Agreement or
			 other documents satisfactory to the Commission; and the impact of allowing its
			 use on the ability of the Commission to acquire or develop additional
			 Intellectual Property.
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0050 - Fees and Other Moneys Received by the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may, at its discretion,
			 charge fees for the licensing, sharing or other use of its Intellectual
			 Property.
(2) In establishing fees,
			 the Commission may consider factors including, but not necessarily limited to,
			 its costs in acquiring, developing, protecting, maintaining, marketing,
			 licensing (or otherwise allowing the use), and monitoring the use of
			 Intellectual Property generally and of the particular Intellectual Property
			 specifically; the demand for the Intellectual Property; market rates for
			 similar or comparable products; Commission needs; the nature and resources of
			 the Person desiring to use the Intellectual Property; the purposes for which
			 the Intellectual Property will be used; and the public interest in its use.
(3) Payment of fees shall be made
			 in the amount and at such time, place, and manner as the Commission
			 requires.
(4) Moneys received by
			 the Commission as a result of the ownership, management, disposal, or use of
			 Intellectual Property, or other activities of the Commission relating to
			 intellectual property, shall be deposited into the account established by the
			 Commission as described in ORS 571.471.
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 50 - INTELLECTUAL PROPERTY PROCEDURES › Section 648-050-0060 - Waiver or Modification

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may, in the exercise of its discretion, waive or
				modify any requirements of OAR chapter 648, division 50, unless such waiver or
				modification would violate applicable federal or state law.
Statutory/Other Authority: ORS 571.423(19) & ORS
				  571.444
Statutes/Other Implemented: ORS
				  571.444
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 1 - PROCEDURAL RULES › Section 656-001-0000 - 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 Trawl 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 Trawl Commission
			 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 regions of the commodities represented by the
			 Commission.
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES › Section 656-010-0000 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ocean trawling
			 is defined as using a trawl vessel with a federal 'A' permit to harvest
			 groundfish as identified by the Pacific Fishery Management Council within the
			 allotted trawl quota or by harvesting any other species with a trawl net (e.g.
			 pink shrimp, Pandalus jordani). The trawl vessel uses a trawl net, other gear
			 types, or any combination thereof in harvesting.
(2) "Trawl Net" means a bag-shaped net
			 composed of wings, body, intermediate and cod-end section, held open by two
			 boats, otter boards, trawl doors, or a fixed beam frame commonly known as a
			 "beam trawl". The cod-end section is the last 50 meshes of a trawl net. The
			 intermediate section is the next 50 meshes forward of the cod-end
			 section.
(3) Other gear types are
			 defined as pot and longline gear.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES › Section 656-010-0010 - Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who is a first purchaser as defined in ORS Chapter
				576 shall deduct and withhold an assessment at the rate of ?% (0.5 percent) on
				the full amount of the delivered product of fish and shellfish taken (produced)
				by ocean trawling. This assessment deduction shall be made upon the boat
				portion of incoming revenue thereof, for fish and shellfish taken (produced) by
				ocean trawling and delivered to an Oregon Port.
Stat. Auth: ORS 576
Stats. Implemented: ORS 576
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES › Section 656-010-0015 - Reports and Payment by First Purchaser

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The assessment deducted and withheld by a
			 first purchaser as required by OAR 656-010-0010, shall be paid to the Oregon
			 Trawl Commission on a monthly basis, commencing for the month of January,
			 1964.
(2) The assessment required
			 by section (1) of this rule shall be due and payable to the Oregon Trawl
			 Commission and shall be postmarked by the 20th day of the following
			 month.
(3) Within 20 days after the
			 end of each calendar month, the first purchaser shall forward to the Oregon
			 Trawl Commission, reporting forms which shall be approved by and furnished by
			 such commission. The forms shall be signed by the first purchaser and filled in
			 with the required data as shown on such forms, including, but not limited to,
			 the date the fish and shellfish taken (produced) by trawling and delivered at
			 an Oregon port were handled from the producer thereof; the name of such fish
			 and shellfish producer; the boat name; the full amount paid for that delivered
			 product, and the assessment deducted and withheld from the boat portion
			 accruing to such fish and shellfish producer.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.335
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES › Section 656-010-0020 - Producer to Make Reports of and Pay Assessment Moneys on Certain Sales

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS Chapter
				576.345: "Any producer who
				performs the handling or processing functions on all or a part of his
				production of the commodity, which normally would be performed by another
				person as the first purchaser thereof, shall report his sales of such commodity
				of his own production on forms provided by and pay the assessment moneys
				directly to the commission, unless the first purchaser from such producer
				voluntarily makes the proper deduction and remits the proceeds to the
				commission."
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.345
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES › Section 656-010-0025 - Casual Sales

Current through Register Vol. 63, No. 7, July 1, 2024
Casual sales by a producer of fish and shellfish taken
				(produced) by ocean trawling shall not be subject to the assessment due and
				payable to the Oregon Trawl Commission."Casual Sales," as referred to in ORS
				576.325 is defined as sale or
				sales of fish and shellfish sold by the producer direct to a
				consumer.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0010 - 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 Trawl
			 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,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0020 - 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 16289 Hwy 101 S, Suite C Brookings, OR 97415.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS
				  192.324,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0030 - 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 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0040 - 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 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0050 - 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 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 656-020-0060 - 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 to
			 the commission at the address provided in 656-020-0020.
(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 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 656-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Trawl Commission will consist of eight (8)
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term of four years or, if for a term following a prior term for that
				person, ending four years from the date of expiration of any prior
				term.
Stat. Auth.: 2003 Or. Laws Ch. 604, ORS 576.
Stats. Implemented: 2003 Or. Laws Ch. 604, ORS
				  576.
Oregon Administrative Rules › Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 656-030-0020 - 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 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 656-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may remove a commissioner from
			 office, and declare the position vacant for cause, including the following
			 reasons:
(a) Six or more unexcused absences,
			 or other neglect of duty in office;
(b) Use of the commission appointment for
			 financial gain or to avoid financial detriment;
(c) Unauthorized use or disclosure of
			 confidential information;
(d)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(e) Misappropriation or
			 misuse of commission funds;
(f)
			 Failure to satisfy one or more qualifications for appointment;
(g) Not working for the positive economic
			 benefit of the commodity;
(h)
			 Inefficiency; or
(i)
			 Misconduct.