reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0045 - Taking Evidence Not in the Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grounds for Motion to Take Evidence Not
			 in the Record: The Board may, upon written motion, take evidence not in the
			 record in the case of disputed factual allegations in the parties' briefs
			 concerning unconstitutionality of the decision, standing, ex parte contacts,
			 actions for the purpose of avoiding the requirements of ORS
			 215.427 or
			 227.178,
			 or other procedural irregularities not shown in the record and which, if
			 proved, would warrant reversal or remand of the decision. The Board may also
			 upon motion or at its discretion take evidence to resolve disputes regarding
			 the content of the record, requests for stays, attorney fees, or actual damages
			 under ORS
			 197.845.
(2) Motions to Take Evidence:
(a) A motion to take evidence shall contain a
			 statement explaining with particularity what facts the moving party seeks to
			 establish, how those facts pertain to the grounds to take evidence specified in
			 section (1) of this rule, and how those facts will affect the outcome of the
			 review proceeding. The motion to take evidence shall be filed as a separate
			 document and shall not be contained within a brief or other filing.
(b) A motion to take evidence shall be
			 accompanied by:
(A) An affidavit or
			 documentation that sets forth the facts the moving party seeks to establish;
			 or
(B) An affidavit establishing
			 the need to take evidence not available to the moving party, in the form of
			 depositions or documents as provided in subsection (2)(c) or (d) of this
			 rule.
(c) Depositions:
			 the Board may order the testimony of any witness to be taken by deposition
			 where a party establishes the relevancy and materiality of the anticipated
			 testimony to the grounds for the motion, and the necessity of a deposition to
			 obtain the testimony. Depositions under this rule shall be conducted in the
			 same manner prescribed by law for depositions in civil actions (ORCP
			 38-40).
(d) Subpoenas: the Board
			 shall issue subpoenas to any party upon a showing that the witness or documents
			 to be subpoenaed will provide evidence relevant and material to the grounds for
			 the motion. Subpoenas may also be issued under the signature of the attorney of
			 record of a party. Witnesses appearing pursuant to subpoena, other than parties
			 or employees of the Board, shall be tendered fees and mileage as prescribed by
			 ORS
			 44.415(2)
			 for witnesses in civil actions. The party requesting the subpoena shall be
			 responsible for service of the subpoena and tendering the witness and mileage
			 fees to the witness.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0046 - Taking Official Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grounds for Taking Official Notice: The Board may take official notice of
			 relevant law as defined in ORS
			 40.090.
(2) Motions to Take Official Notice:
(a) A motion to take official notice shall
			 contain a statement explaining with particularity what the material sought to
			 be noticed is intended to establish, how it is relevant to an issue on appeal,
			 and the authority for notice under ORS
			 40.090. The motion to take
			 official notice evidence shall be filed in writing and as a separate document
			 and shall not be contained within a brief or other filing.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0050 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standing to
			 Intervene: The applicant and any person who appeared before the local
			 government, special district or state agency may intervene in a review
			 proceeding before the Board. Status as an intervenor is recognized when a
			 motion to intervene is filed, but the Board may deny that status at any
			 time.
(2) Motion to Intervene: A
			 motion to intervene shall be filed within 21 days of the date the notice of
			 intent to appeal is filed pursuant to OAR 661-010-0015, or the amended notice
			 of intent to appeal is filed or original notice of intent to appeal is refiled
			 pursuant to OAR 661-010-0021. The motion to intervene (see Exhibit 3) shall:
(a) List the names, addresses, and telephone
			 numbers of all persons moving to intervene. In addition, if an attorney
			 represents the intervenor(s), the attorney's name, address and telephone number
			 shall also be included. If an intervenor is represented by co-counsel, then one
			 attorney shall be designated as lead counsel. See OAR 661-010-0012(3). If two
			 or more intervenors join in a motion to intervene and are unrepresented by an
			 attorney, then one intervenor shall be designated as the lead intervenor, but
			 the motion to intervene shall include the names, addresses, and telephone
			 numbers of all such unrepresented intervenors. See OAR
			 661-010-0012(6)(b);
(b) Identify
			 the decision that is being challenged in the appeal for which intervention is
			 sought by including the following:
(A) The
			 full title of the decision that is being challenged in the appeal, as it
			 appears on the final decision;
(B)
			 The date the decision that is being challenged in the appeal became
			 final;
(C) A concise description of
			 the decision that is being challenged in the appeal, or a copy of either the
			 notice of decision or the decision being challenged; and
(D) The appeal number assigned to the appeal
			 by the Board, if one has been assigned as of the date of the filing of the
			 motion to intervene.
(c) State whether the party is intervening on
			 the side of the petitioner or the respondent;
(d) State the facts which show the party is
			 entitled to intervene, supporting the statement with affidavits or other
			 proof;
(e) On the last page, be
			 signed by each intervenor, or the attorney representing that intervenor, on
			 whose behalf the motion to intervene is filed; and
(f) Be served upon the Board and all
			 parties.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0052 - Amicus Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person or organization may appear as amicus only by permission of the Board
			 on written motion. The motion shall set forth the interest of the movant and
			 state reasons why a review of relevant issues would be significantly aided by
			 participation of the amicus. A copy of the motion shall be served on all
			 parties to the proceeding.
(2)
			 Appearance as amicus shall be by brief only, unless the Board specifically
			 authorizes or requests oral argument. An amicus brief shall be subject to the
			 same rules as those governing briefs of parties to the appeal, and shall be
			 filed together with one copy. Where amicus is aligned with the interests of the
			 petitioner(s), the amicus brief is due seven days after the date the petition
			 for review is due. In all other circumstances, the amicus brief is due within
			 the time required for filing respondent's brief. No filing fee is required. An
			 amicus brief shall have green front and back covers.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.805  & ORS
				  197.830(13)(a)
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0055 - Consolidation

Current through Register Vol. 63, No. 7, July 1, 2024
The Board, at the request of any party or on its own motion,
				may consolidate two or more proceedings, provided the proceedings seek review
				of the same or closely related land use decision(s) or limited land use
				decision(s). Consolidation of appeals does not affect the status of the parties
				to each appeal. See OAR 661-010-0050(4).
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.805
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0065 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When Motion is
			 Appropriate: Unless these rules or applicable statutes provide another form of
			 application, a request for an order or relief shall be made by filing a motion
			 in writing for such order or relief. A motion shall show proof of service on
			 all parties.
(2) Time of Filing: A
			 party seeking to challenge the failure of an opposing party to comply with any
			 of the requirements of statutes or Board rules shall make the challenge by
			 motion filed with the Board and served on all parties within 14 days after the
			 moving party obtains knowledge of such alleged failure. However, motions to
			 dismiss for lack of jurisdiction may be filed at any time. An opposing party
			 may, within 14 days from the date of service of a motion, file a
			 response.
(3) How Submitted:
			 Parties shall submit all motions without oral argument unless otherwise
			 directed by the Board. All motions must be filed as a separate document and
			 shall not be included with any other filing.A party that desires a telephone
			 conference on a motion shall include a request for a telephone conference in
			 its motion or response. The Board may, at its discretion, conduct a telephone
			 conference with the parties to consider any motion.
(4) Effect of Filing Motion: Except as
			 provided in OAR 661-010-0026(6)  with regard to objections to the record, or as
			 may otherwise be ordered by the Board on its own motion, the filing of a motion
			 shall not suspend the time limits for other events in the review
			 proceeding.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.805
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0067 - Extensions of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 no event shall the time limit for the filing of the notice of intent to appeal
			 be extended.
(2) Except as provided
			 in this section, in no event shall the time limit for the filing of the
			 petition for review be extended without the written consent of all parties.
			 Written consent may include facsimile signatures. The Board may, on a motion of
			 a party or its own motion, extend the deadline for filing the petition for
			 review to allow time to rule on a motion to dismiss or a motion to take
			 evidence. Written consent to extend the deadline for filing record objections
			 shall automatically extend the deadline for filing the petition for review for
			 the same number of days granted to extend the deadline for filing record
			 objections, unless the consenting parties expressly provide
			 otherwise.
(3) All other time
			 limits may be extended upon oral or written consent of all parties, the Board's
			 motion or motion of a party. Written consent may include facsimile
			 signatures.
(4) A motion for
			 extension of time shall state the reasons for granting the extension and must
			 be filed with the Board within the time required for performance of the act for
			 which an extension of time is requested. A motion for extension of time that is
			 not accompanied by a written consent by all parties to the requested extension
			 shall state whether all parties to the appeal have agreed to the motion for
			 extension of time, orally or otherwise.
(5) Any agreement by the parties allowing an
			 extension of time shall automatically extend the time for subsequent filings,
			 as well as the issuance of the Board's final order by an amount of time equal
			 to the extension agreed to by the parties.
(6) In the event the Board extends the
			 deadline for issuance of its final order without consent of the parties, it
			 shall enter the findings required by ORS
			 197.840.
Statutory/Other Authority: ORS
				  197.820(4)
Statutes/Other Implemented: ORS
				  197.830(13)(a)
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0068 - Stays

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A motion for a
			 stay of a land use decision or limited land use decision shall include:
(a) A statement setting forth movant's right
			 to standing to appeal the decision;
(b) A statement explaining why the challenged
			 decision is subject to the Board's jurisdiction;
(c) A statement of facts and reasons for
			 issuing a stay, demonstrating a colorable claim of error in the decision and
			 specifying how the movant will suffer irreparable injury if a stay is not
			 granted;
(d) A suggested expedited
			 briefing schedule;
(e) A copy of
			 the decision under review and copies of all ordinances, resolutions, plans or
			 other documents necessary to show the standards applicable to the decision
			 under review.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0070 - Final Order of Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An Order of the Board is final when the cover page of the order containing the
			 caption of the appeal:
(a) States "Final
			 Opinion and Order";
(b) Indicates
			 whether the decision being reviewed is affirmed, reversed, remanded,
			 transferred, invalidated, or whether the appeal is dismissed;
(c) Contains the date of the final order;
			 and
(d) Is time and date stamped by
			 the Board.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0071 - Reversal or Remand of Land Use Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The Board shall reverse a land use decision when:
(a)  The governing body exceeded its jurisdiction;
(b)  The decision is unconstitutional; or
(c)  The decision violates a provision of applicable law and is
				prohibited as a matter of law.
Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0073 - Reversal or Remand of Limited Land Use Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall reverse a limited land
			 use decision when:
(a) The governing body
			 exceeded its jurisdiction;
(b) The
			 decision is unconstitutional; or
(c) The decision violates a provision of
			 applicable law and is prohibited as a matter of law.
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 1 - PROCEDURAL RULES › Section 664-001-0000 - Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
To provide a reasonable opportunity for interested persons to
				be notified of the Commission's proposed administrative rulemaking actions, the
				Commission shall give notice of its proposed adoption, amendment or repeal of
				any administrative rule in the following manner:
(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 proposed action;
(2) By mailing a copy of the notice to
			 persons on the Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the proposed action; and
(3) By mailing a copy of the notice to county
			 extension agents, the Associated Press, the Capital Press and other known news
			 or industry publications that reasonably would be viewed by persons that might
			 be affected by the proposed actions.
Stat. Auth.: ORS
				  576.305(12)
Stats. Implemented: ORS
				  183.341(4)
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 664-010-0000 - 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 Clover Seed Commission.
(3)
			 "Casual Sale" means any casual sale or sales of Clover made by the producer
			 direct to the consumer where the total accumulated sales during a calendar year
			 is not more than 100 pounds.
(4)
			 "First Purchaser" means any person who buys clover seed from the producer in
			 the first instance, or handler who receives clover seed in the first instance
			 from the producer for resale or processing.
(5) "Producer" means a person or other legal
			 entity producing clover seed for market, whether as a landowner, landlord,
			 tenant sharecropper or otherwise.
(6) "Handler" means any producer, processor,
			 distributor or other person engaged in the handling or marketing of, or dealing
			 in clover seed, whether as owner, agent, employee, broker or
			 otherwise.
(7) Clover seed consists
			 of the varieties described as Trifolium species and includes, but is not
			 limited to, such varieties as Red Clover, White Clover, Crimson Clover and
			 Arrowleaf Clover.
(8) "Net Paid for
			 Weight" means all sales or bartered tons paid for.
Stat. Auth.: ORS
				  576.051 - ORS
				  576.585
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 664-010-0005 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
Any first purchaser shall deduct and withhold an assessment of
				1/2 percent total gross sale prior to any deducted value of product paid to the
				producer thereof, for seed produced in the 2001 crop year and following and
				purchased by the first purchaser on or after May 28, 2002, for all clover seed
				produced in Oregon (see definition of "First Purchaser"). Seed produced in the
				crop years 1996, 1997, 1998, 1999 and 2000 and in the 2001 crop year purchased
				before May 28, 2002, will be assessed at the previous 1/4 percent assessment
				rate. The assessment of 1/2 percent total gross sale is intended to apply
				retroactively to seed produced in the 2001 crop year and following and
				purchased by the first purchaser on or after May 28, 2002.
Stats. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 664-010-0010 - Reports and Payment of Assessment Monies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise exempt or provided by
			 regulation, a first purchaser or handler shall forward to the Commission on or
			 before July 30th, October 30th, January 30th and April 30th (30 days after the
			 end of the quarter on a quarterly calendar year basis) completed and signed
			 Commission approved forms covering all purchases of Oregon produced clover made
			 by him during the quarterly period (reporting period) immediately preceding
			 each reporting date: "Reporting period" for the purpose of this section means
			 the months of:
(a) January, February,
			 March;
(b) April, May,
			 June;
(c) July, August,
			 September;
(d) October, November,
			 December.
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 664-010-0020 - 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
				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."
Stat. Auth.: ORS 576, 2003 OL Ch. 604
Stats. Implemented: ORS 576, 2003 OL Ch.
				  604
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 664-010-0030 - 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 664-010-0005  or the reports
				required by him or seed purchased and paid for on or after July 1, 1991 of a
				clover seed produced 1991 and thereafter in Oregon.
Stat. Auth.: ORS
				  576.051 - ORS
				  576.585
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 664-015-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Clover Commission will consist of ten commissioners
				appointed by the Director of the Oregon Department of Agriculture for a term of
				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 for more than two full terms of office.
Stat. Auth.: ORS 576, 2003 OL Ch. 604
Stats. Implemented: ORS 576, 2003 OL Ch.
				  604
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 664-015-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) "Producer"
			 means 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) "Handler" means 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.
(c)
			 "Commission" means the Oregon Clover Seed Commission.
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 15 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 664-015-0030 - 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, but not limited
			 to, the following reasons:
(a) Two 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.
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 20 - PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT OF HIRING A SUBSTITUTE › Section 664-020-0100 - 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 20 - PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT OF HIRING A SUBSTITUTE › Section 664-020-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 664-020-0130  and OAR 664-020-0140, the
			 Oregon Clover Seed Commission shall provide to a qualified member of the Oregon
			 Clover Seed 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 20 - PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT OF HIRING A SUBSTITUTE › Section 664-020-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 664-020-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Clover Seed
			 Commission may provide to a non-qualified member of the Oregon Clover Seed
			 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 664-020-0140, the Oregon Clover Seed Commission shall provide to a
			 non-qualified member of the Oregon Clover Seed 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
			 Clover Seed Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Clover
			 Seed Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 20 - PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT OF HIRING A SUBSTITUTE › Section 664-020-0130 - 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 Clover Seed 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
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 20 - PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT OF HIRING A SUBSTITUTE › Section 664-020-0140 - 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 Clover Seed Commission no
			 later than the last day of the fiscal year in which the member incurred the
			 expense. For example, a claim for compensation any time from July 1 through
			 June 30 must be submitted by June 30 of that fiscal year. 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0010 - 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 Clover Seed
			 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0020 - 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 P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th
			 Street Cut Off SE, Salem, OR 97302.
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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0030 - 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0040 - 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0050 - 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 664 - DEPARTMENT OF AGRICULTURE, OREGON CLOVER SEED COMMISSION › Division 30 - Public Records Requests › Section 664-030-0060 - 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 Oregon Clover
			 Seed Commission to the commission at the address provided in
			 664-030-0020.
(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 1 - PROCEDURAL RULES › Section 668-001-0000 - 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 Strawberry 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 proposed action rule;
(2) By mailing a copy of the notice to
			 persons on the Oregon Strawberry 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 agency's
			 rulemaking and publications whose readers have an interest in agency's
			 activities; and
(c) Newspapers in
			 primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION › Section 668-010-0005 - 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 Strawberry Commission.
(3)
			 "First Purchaser" means any person who buys strawberries from the producer in
			 the first instance, or handler who receives the strawberries in the first
			 instance from the producer for resale or processing.
(4) "Producer" means a person or other legal
			 entity producing strawberries in Oregon for market, whether as a landowner,
			 landlord, tenant, sharecropper, or otherwise.
(5) "Handler" means any producer, processor,
			 distributor, or other person engaged in handling or marketing of or dealing in
			 strawberries, whether as owner, agent, employee, broker, or
			 otherwise.
(6) "Strawberries"
			 include all varieties and selections grown in Oregon described as Fragaria spp
			 and includes, but is not limited to, such varieties as Northwest, Siletz,
			 Shasta, Marshall, Hood, Molalla, Puget Beauty, and strawberry
			 hybrids.
(7) "Casual Sale" means
			 any casual sale or sales of strawberries made by the producer direct to the
			 consumer where the total accumulated sales during a calendar year is not more
			 than 1000 pounds.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION › Section 668-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 or required by ORS 576.325 and
			 576.335, any person who is a
			 first purchaser (or otherwise is required to pay an assessment to the Oregon
			 Strawberry Commission) for all purchases made on or after March 10, 2016, shall
			 deduct and withhold an assessment of 1 percent of the gross value of the raw
			 product before any deductions from the price paid to the producer thereof,
			 after March 10, 2016 for all strawberries grown in Oregon. (See definition of
			 "First Purchaser") Grower-purchasers will use an estimated average of the state
			 price, which will be set by the Commission prior to September 1st each year.
(2) All casual sales of
			 Strawberries shall be exempt from the assessment.
(3) An organic producer will be exempt from
			 assessment if the producer presents the following information to the commission
			 by September 15th of each year:
(a) Either:
(A) A current certificate from a certifying
			 agent under the Organic Foods Production Act, 7 U.S.C. ¦166; 6501-6522
			 and its implementing regulations; or
(B) A statement of exemption from
			 certification under the Organic Foods Production Act, 7 U.S.C. ¦
			 6501-6522 and its implementing regulations; and
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION › Section 668-010-0015 - 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 shall include all purchases by or deliveries to a first
			 purchaser or handler of strawberries during the four months immediately
			 preceding each reporting date. Assessment reports must be postmarked by 15th of
			 the reporting month specified below. Assessments shall be reported as follows:
(a) December, January, February, March
			 reported by May 15th;
(b) April,
			 May, June, July reported by September 15th;
(c) August, September, October, November
			 reported by January 15th.
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION › Section 668-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys is
				provided in ORS 576.355, which states: "In
				addition to the penalties prescribed in ORS
				576.991, any first purchaser or
				other person who delays transmittal of funds beyond the time set by the
				Commission shall pay ten percent of the amount due for the first month of delay
				and one and one-half percent of the amount due for each month of delay
				thereafter."
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 & ORS
				  576.355
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 10 - ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION › Section 668-010-0025 - 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 668-010-0010(1), or the reports
				required under OAR 668-010-0015, applies to and covers any purchase by him or
				delivery on or after June 1, 1967, of strawberries grown in
				Oregon.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 & ORS
				  576.335
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0010 - Purpose of Public Records Requests Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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 Strawberry
				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.
(1) Capitalized terms in this division not
			 specifically defined are as defined in ORS
			 192.311.
(2) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  192.324,
				  ORS
				  576.304(14),
				  ORS 183 & ORS
				  192.329
Statutes/Other Implemented: ORS
				  192.318(2),
				  ORS
				  192.324,
				  ORS
				  576.304(14),
				  ORS 183 & ORS
				  192.329
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0020 - 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, Ste. #315, Portland, OR 97213 or by email to
			 oregonstrawberries@gmail.com. If the written request is submitted in person to
			 the commission at this address, the requester must deliver it during the
			 commission's business hours.
Statutory/Other Authority: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183, ORS
				  192.324  & ORS
				  192.329
Statutes/Other Implemented: ORS
				  192.318(2),
				  ORS
				  576.304(14),
				  ORS 183, ORS
				  192.324  & ORS
				  192.329
Oregon Administrative Rules › Chapter 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0030 - 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 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0040 - 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 668 - DEPARTMENT OF AGRICULTURE, OREGON STRAWBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS, FEES AND REDUCED FEES › Section 668-020-0050 - Fees 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.