reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0001 - Adoption of Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, which became effective January 1, 2012, are by this reference adopted as rules of administrative procedure of the Board of Directors for the Oregon Utility Notification Center and are controlling except as otherwise required by statute or rule.
Stat. Auth.: ORS 757.552
Stat. Implemented: ORS 183.341, 757.552
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0003 - Permanent Rulemaking Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before permanently adopting, repealing or amending any administrative rule, the Oregon Utility Notification Center (OUNC) will give notice of the proposed action by:
(a) Publishing notice of the rulemaking in the Secretary of State's Oregon Bulletin at least 21 days before the effective date of the rule;
(b) Mailing, electronically mailing, or personally delivering a copy of the notice to persons on the OUNC's applicable rulemaking notification list established per ORS 183.335(8) at least 28 days before the effective date of the rule;
(c) Mailing or electronically mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and
(d) By mailing, e-mailing, or furnishing a copy of the notice to:
(A) The Associated Press; and
(B) Capitol Press Room.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0020 - Project Plans to Notify Excavator of Requirements of Law

Current through Register Vol. 63, No. 7, July 1, 2024
All project plans must contain the following statement:
ATTENTION: Oregon law requires you to follow rules adopted by
						the Oregon Utility Notification Center. Those rules are set forth in OAR
						952-001-0001  through 952-001-0100. You may obtain copies of the rules by
						calling the center.
NOTE: The telephone number for the Oregon Utility Notification
						Center is (503) 232-1987.
Statutory/Other Authority: ORS 757.552
Statutes/Other Implemented: ORS
							757.552
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0030 - Permits to Notify Excavator of Requirements of Law

Current through Register Vol. 63, No. 7, July 1, 2024
Any entity authorized to issue permits for construction which requires excavation shall include on such permits the language set out in OAR 952-001-0020.
Stat. Auth.: Sec. 1 - 5 & 7, Ch. 691, OL 1995
Stats. Implemented:
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0040 - Pre-Marking Required by the Excavator; Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in paragraph (2) of this rule, prior to notifying the Oregon Utility Notification Center, an excavator shall pre-mark with the color white the immediate area of the proposed excavation within both the public rights-of-way and underground easements.
(2) An excavator need not pre-mark as required in paragraph (1) of this rule if:
(a) The operator can determine precisely the direction, length and location of the proposed excavation by referring to a locate ticket; or
(b) The excavator and operator have had a meeting prior to the beginning of the proposed project, at the construction site for the exchange of information required under paragraph (1) of this rule.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0050 - Excavator to Give Notice of Proposed Work; Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, at least two full business days, but not more than 10 full business days
			 before beginning an excavation, the excavator must notify the Oregon Utility
			 Notification Center of the date and location of the proposed excavation, and
			 the type of work to be performed.
(2) The notice requirement of section (1) of
			 this rule does not apply if the excavation is in response to an emergency, or
			 if all of the following apply:
(a) The
			 excavator is a tenant or an owner of private property;
(b) The excavation is on private property of
			 that owner or tenant;
(c) The
			 excavation is less than 12 inches in depth; and
(d) The excavation is not within an
			 established easement.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0060 - When Excavator May Give Less than Two Full Business Day Notice

Current through Register Vol. 63, No. 7, July 1, 2024
An excavator may provide less than two full business days of
				prior notice if:
(1) The excavator is
			 responding to an emergency, and the excavator notifies the Oregon Utility
			 Notification Center immediately, and the excavator takes reasonable care to
			 protect underground facilities;
(2)
			 The excavator has an agreement with each operator of underground facilities
			 that marks will be provided on a regular basis as the excavator progresses
			 through a project; or
(3) The
			 excavator discovers an underground facility in an area where the operator of
			 underground facilities had previously indicated there were no
			 facilities.
Statutory/Other Authority: ORS 757.552
Statutes/Other Implemented: ORS
				  757.552
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0070 - Operators to Mark Underground Facilities or Notify Excavator that None Exist

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, within two full business days following the day an excavator notifies the
			 Oregon Utility Notification Center of a proposed excavation, the operator or
			 its designated agent must:
(a) Mark within 24
			 inches of the outside lateral dimensions of both sides of all its locatable
			 underground facilities within the area of proposed excavation. All marks must
			 indicate the name, initials or logo of the operator of the underground
			 facilities, and the width of the facility if it is greater than 2
			 inches;
(b) Provide marks to the
			 excavator of the unlocatable underground facilities in the area of proposed
			 excavation, using the best information available including as-constructed
			 drawings or other facility records that are maintained by the facility
			 operator; or
(c) Notify the
			 excavator that the operator does not have any underground facilities in the
			 area of the proposed excavation. Acceptable notifications must include locate
			 request call back information and if done with an AVR (Automated Voice
			 Response) must have a repeat option and a call back number to hear the
			 information again.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0080 - Operators to Respond to Notifications Requesting Design Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10 business days after a designer
			 notifies the Oregon Utility Notification Center of a proposed project, the
			 operator of the underground facilities must:
(a) Mark within 24 inches of the outside
			 lateral dimensions of both sides of all its locatable underground facilities
			 within the area of proposed excavation. All marks must indicate the name,
			 initials or logo of the operator of the underground facilities, and the width
			 of the facility if it is greater than 2 inches;
(b) Provide the excavator the best
			 description available to the operator of the unlocatable underground facilities
			 in the area of the proposed excavation including as-constructed drawings, or
			 other facility maps that are maintained by the facility operator; or
(c) Contact the person requesting design
			 information and agree on a time, prior to the beginning of the proposed
			 project, for exchange of the information required under subsection (a) or
			 subsection (b) of this section of this rule.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0090 - Delay of Excavation until Response from Facility Operators; Duty of Excavator to Use Reasonable Care; Damage to Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An excavator may not begin an excavation
			 that requires notice under these rules until the excavator has received a
			 response from each operator of underground facilities in the area of the
			 proposed excavation, or until at least two full business days have elapsed
			 following the day the excavator notified the Oregon Utility Notification
			 Center. See Call Timeline table below for examples.
(2) Notwithstanding section (1) of this rule,
			 if the excavator has agreed to an alternative markings schedule with an
			 operator consistent with OAR 952-001-0070(2), the excavator must allow the
			 operator to mark its facilities consistent with the parties' agreement before
			 beginning an excavation.
(3) Once
			 underground facilities have been marked, the excavator must:
(a) Maintain marks during the excavation
			 period to ensure that the original marks remain effective for the life of the
			 project or the ticket life, whichever is the shorter period;
(b) Stop excavating in the vicinity of the
			 underground facility and notify the Oregon Utility Notification Center to have
			 the route remarked as specified in these rules, if prior to or during the
			 excavation process, the marking or route of any underground facility is removed
			 or no longer visible; and
(c)
			 Employ hand tools or other non-invasive methods either to determine the exact
			 location of the underground facility or down to 24 inches beyond the depth of
			 intended excavation within 24 inches of the outside dimensions of a marked
			 underground facility.
Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0100 - Record Keeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Abandoned Facilities: Except as provided in Section (3) of this rule, all operators shall maintain records, by mapping or other means, of all underground facilities abandoned on or after April 1, 2002, that show:
(a) The location of such facility to the level of detail when abandoned;
(b) The date of abandonment of such facility; and
(c) Whether each such facility is a locatable underground facility or an unlocatable underground facility.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules describes regionally
				significant industrial areas approved and designated by the Economic Recovery
				Review Council.
Stats Auth: ORS
				  197.723
Stats Implemented: ORS
				  197.723
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Brownfields" means real property where
			 expansion or redevelopment is complicated by actual or perceived environmental
			 contamination as defined in ORS
			 285A.185(1);
(2) "ERRC" means the Economic Recovery Review
			 Council.
(3) "RSIA" means a
			 Regionally Significant Industrial Area designated by the ERRC based on criteria
			 as defined in ORS 197.722(2).
Stats Auth: ORS
				  197.723
Stats Implemented: ORS
				  197.723
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0300 - Regionally Significant Industrial Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ERRC shall
			 designate at least five but not more that fifteen RSIA's by June 28,
			 2014.
(2) RSIA's are approved after
			 a public review process. The ERRC will designate an area as an RSIA only after
			 consideration of whether the area:
(a) Is
			 planned and zoned for industrial use;
(b) Contains vacant sites, including
			 brownfields, that are suitable for the location of new industrial uses or
			 expansion of existing industrial uses and that can collectively provide
			 significant additional employment in the region;
(c) Has site characteristics that give the
			 area significant competitive advantages that are difficult or impossible to
			 replicate in the region;
(d) Has
			 superior access to transportation; and
(e) Is located in proximity to major labor
			 markets.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0400 - Goshen Industrial Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Goshen
				Industrial Area was approved by the ERRC as a designated RSIA on September 28,
				2012.
(2) The Goshen Industrial
				Area, located in Lane County consists of 316.51 acres and is comprised of the
				following:
(a) Tax Map - 18031444:
Tax Lots - 100, 200, 300, 400, 500, 1400, 1800, 1900.
Total Acres - 2.44.
(b) Tax Map - 18032300:
Tax Lots - 500, 801, 1000, 1100.
Total Acres - 122.6.
(c) Tax Map - 18032310:
Tax Lots - 100, 1700, 1701, 3700, 4500, 4600, 5200, 5201,
				  5301, 5402, 5403, 5404.
5405, 5406, 5500, 5600, 5700, 5800, 5900, 6000, 6001,
				  4800.
Total Acres - 98.1
(d) Tax Map - 18032340:
Tax Lots - 101, 1400, 1600, 1800, 1801, 1900, 1999, 2000,
				  2100, 2200, 2300, 2400, 2401, 2500, 2600, 3700, 3900, 3902, 4000, 4300, 4400,
				  4500, 4600, 4900, 5000, 6100.
Total Acres - 48.72.
(e) Tax Map - 18032400:
Tax Lots - 6100.
Total Acres - 9.21.
(f) Tax Map - 18032500:
Tax Lots - 205.
Total Acres - 2.54.
(g) Tax Map - 18032600:
Tax Lots - 100, 101, 200, 201, 202, 302.
Total Acres - 32.9.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0500 - Central Douglas Industrial Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Central
				Douglas Industrial Area was approved by the ERRC as a designated RSIA on
				September 28, 2012.
(2) The Central
				Douglas Industrial Area located in Douglas County, consists of 328.12 acres and
				is comprised of the following:
(a) Three
				parcels at Back Nine Development/Del Rio Road
(A) Tax Lot - 26-06W-24-00500:
Acres - 99.58 and .023.
Property ID - R#52576 & 119851.
Address - 425 & 407 Del Rio Road.
(B) Tax Lot - 26-06W-24-00300:
Acres - 29.65.
Property ID - R#49342.
Address - 0 Old Highway 99.
(C) Tax Lot - 26-06W-13DD-00800:
Acres - 2.05.
Property ID - R#49391.
Address - 7500 Old Highway 99.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0600 - Spalding Industrial Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Spalding
				Industrial Area was approved by the ERRC as a designated RSIA on March 27,
				2014.
(2) The Spalding Industrial
				Area located in Grants Pass, consists of 172 acres and is comprised of the
				following 135.6 parcel acres:
(a) The 34
				parcels at the designated area are as follows:
(A) Tax Lot -: 36052200000200
(i) Acres - 1.0 and 19.7
(ii) Address - 450 Ament Rd.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0700 - North Coast Business Park

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The North
				Coast Business Park Industrial Area was approved by the ERRC as a designated
				RSIA on January 28, 2015.
(2) The
				North Coast Business Park Industrial Area located in the City of Warrenton,
				consists of 162 acres and is comprised of the following parcel acres: The 2
				parcels at the designated area are as follows:
(a) Tax Lot - 206.
(A) Acres - 10.5.
(B) Address -Township: 8, Range: 10, Section:
				27, Tax Lot: 206.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0800 - Malheur County Regionally Significant Industrial Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
				The Malheur County Industrial Area was approved by the ERRC as a designated
				RSIA on January 28, 2015.
(2) The
				Malheur County Park Industrial Area located in the cities of Ontario, Nyssa,
				and Vale consists of 1021.79 acres and is comprised of the following parcel
				acres:
(a) There are 1 parcels at the Wada
				Industrial Site, as follows: Industrial Site 1 - Wada Industrial Site:
(A) Tax Map - 18S4706D:
(B) Tax Lots - 100:
(C) Total Acres - 75.03.
Oregon Administrative Rules › Chapter 966 - ECONOMIC RECOVERY REVIEW COUNCIL › Division 100 - REGIONALLY SIGNIFICANT INDUSTRIAL AREAS › Section 966-100-0900 - South Coast Industrial Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			The South Coast Industrial Area,
			located in Coos County, was approved
			by the ERRC as a designated RISA on
			October 28, 2016.
(2)
			The South Coast Industrial Area
			consists of six sites totaling 753.59
			acres and is comprised of the
			following:
(a)
			Southern Oregon Marine (SOMAR)
			Industrial Site comprised of one
			parcel totaling 61 acres: Tax Lot-
			6962-292900: Acres- 61 Property ID-
			25S13W25
(b)
			Henderson Site comprised of two
			parcels totaling 352.20 acres:
(A)
			Tax Lot- TL0030000: Acres- 182.50
			Property ID- 25S13W05
(B)
			Tax Lot- TL0020000: Acres- 169.70
			Property ID- 25S13W00
(c)
			North Bay Marine Industrial Park
			comprised of four parcels totaling
			246.15 acres:
(A)
			Tax Lot- TL0010000: Acres- 190.50
			Property ID- 25S13W18
(B)
			Tax Lot- TL0020200: Acres-17.40
			Property ID- 25S13W18
(C)
			Tax Lot- TL00105Z1: Acres- 34.50
			Property ID- 25S13W18
(D)
			Tax Lot- TL00199Z0: Acres- 3.75
			Property ID- 25S13W18
(d)
			Charleston Boat Yard comprised of ten
			parcels totaling 27.74 acres:
(A)
			Tax Lot- TL00300: Acres- .58 Property
			ID- 26S14W12BB
(B)
			Tax Lot- TL00500: Acres- .94 Property
			ID- 26S14W12BB
(C)
			Tax Lot- TL00600: Acres- 25.03
			Property ID- 26S14W12BB
(D)
			Tax Lot- TL00603Z1: Acres- .51
			Property ID- 26S14W12BB
(E)
			Tax Lot- TL00604Z1: Acres- .11
			Property ID- 26S14W12BB
(F)
			Tax Lot- TL00605Z1 Acres- .17 Property
			ID- 26S14W12BB
(G)
			Tax Lot- TL00606Z1 Acres- .17 Property
			ID- 26S14W12BB
(H)
			Tax Lot- TL00607Z1 Acres- .11 Property
			ID- 26S14W12BB
(I)
			Tax Lot- TL00608Z1 Acres- .05 Property
			ID- 26S14W12BB
(J)
			Tax Lot- TL00610Z1 Acres- .07 Property
			ID- 26S14W12BB
(e)
			North Bank comprised of two parcels
			totaling 34 acres:
(A)
			Tax Lot- TL02300 Acres- 29.60 Property
			ID- 27S13W21
(B)
			Tax Lot- TL01401 Acres- 4.40 Property
			ID- 27S13W21DB
(f)
			Bolon Island comprised of one parcel
			totaling 32.50 acres:
(A)
			Tax Lot- R27039 Acres- 32.50 Property
			ID- 21122601200
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 1 - PROCEDURAL RULES › Section 972-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, t he
				Oregon Albacore Commission will give notice of the intended action:
(1) In the Secretary of State's Bulletin,
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Albacore Commission
			 mailing list established pursuant to ORS
			 183.335(7), at
			 least 49 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 972-010-0000 - 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 Albacore Commission.
(3)
			 "First Purchaser" means any person who buys albacore from the harvester in the
			 first instance, or handler who receives albacore in the first instance from the
			 harvester for resale or processing. Harvesters who perform the handling or
			 processing function on all or part of their catch of albacore, which normally
			 would be performed by another person as the first purchaser, are considered to
			 be the first purchaser.
(4)
			 "Harvester" means a person participating directly or indirectly in the
			 commercial harvest of albacore for consumer consumption. It has the same
			 meaning as "producer" as used in ORS Chapter 576.
(5) "Handler" means any harvester, processor,
			 distributor or other person engaged in the handling or marketing of, or dealing
			 in albacore, whether as owner, agent, employee, broker or otherwise.
(6) Albacore consists of the varieties
			 described as species
Thunnus alalunga
.
Stat. Auth.: ORS 576.
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 972-010-0010 - Assessment Rate Established

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to the Commission's authority to establish an alternate assessment
			 method, the following assessment method is established.
(2) Any person who is a first purchaser as
			 defined in ORS Chapter 576 and OAR 972-010-0000, shall deduct and withhold from
			 the harvester an assessment of .005 of the cash value of the raw product of
			 albacore. This assessment deduction shall be made upon the incoming revenue
			 thereof, for albacore landed in Oregon.
(3) Any person who is a first purchaser as
			 defined in ORS Chapter 576 and OAR 972-010-0000, shall remit an assessment of
			 .005 of the cash value of the raw product of albacore. This assessment shall be
			 made upon the incoming revenue thereof, for albacore landed in
			 Oregon.
(4) The assessment to be
			 withheld and paid by the first purchaser and the reports, as required by ORS
			 576 and OAR 972-010-0010  and 972-010-0020, applies to and covers any purchases
			 or deliveries made on or after June 1, 2000, of albacore landed in
			 Oregon.
Statutory/Other Authority: ORS
				  576.304(2),
				  ORS
				  576.325(2)(a)
Statutes/Other Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 972-010-0020 - Reports and Payment of Assessment Monies

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 Oregon Albacore.
(2) Assessment collections that total $200 or
			 more for the current season must be reported monthly. Monthly assessment
			 reports are due in the commission office by 5:00 pm on the 20th day of each
			 month. Example: Assessment reports for August 1-August 31 would be due in the
			 commission office by 5:00 pm on September 20th.
(3) Assessment collections that total less
			 than $200 for the current season must be reported annually. Annual assessment
			 reports are due in the commission office by 5:00 pm on December 20th.
(4) When a first purchaser has
			 completed, signed, and forwarded a report covering the final purchase of
			 albacore for the year, the report shall be marked in large letters "FINAL
			 REPORT FOR THIS YEAR." No further reports are necessary unless or until
			 additional purchases are made.
(5)
			 At the time that reports as required in section (1) of this rule are due, the
			 first purchaser shall attach and forward payment to the Commission for the
			 assessment due. Reports shall be on forms prescribed by the Commission. The
			 forms shall be signed by the first purchaser and completed with the required
			 data, including, but not limited to month and year of report, total pounds
			 purchased during the month, total price paid for all albacore purchases during
			 the month, and total monthly assessment remitted by the first
			 purchaser.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 972-010-0030 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 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 assessment."
(2) The commission may waive the penalty and
			 interest described in subsection (1) of this section upon a showing of good
			 cause.
Stat. Auth.: 2003 OL Ch. 604, Sec. 42, ORS 576.
Stats. Implemented: 2003 OL Ch. 604, Sec.
				  42.
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0010 - 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 Albacore
			 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0020 - 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 P.O. Box 983, Lincoln City, OR 97367.
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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0030 - 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0040 - 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0050 - 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 972-020-0060 - 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 972-020-0020.
(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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 972-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Albacore Commission will consist of nine
				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.
Stat. Auth.: 2003 OL ch. 604 & ORS 576
Stats. Implemented: 2003 OL ch. 604 & ORS 576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 972-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment on the commodity in each of
			 the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 972-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may recommend that the Director of the
				Department of Agriculture remove a commissioner from office, and declare the
				position vacant for cause.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 972-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the Budget Hearing the Commission for the new
				fiscal year, the Commission will elect from its members a Chair, a Vice Chair,
				and a Secretary/Treasurer who will serve until their successors are elected and
				qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or
				may be removed from that position by vote of five Commissioners. If the Chair,
				Vice Chair, or Secretary/Treasurer ceases to be a Commissioner, the office will
				be vacant and a successor will be selected at the next regular meeting of the
				Commission. The Chair will preside over all meetings of the Commission. The
				Vice Chair or Secretary/Treasurer will act in lieu of the Chair when the Chair
				is unable to perform the duties of the office of Chair or while the office is
				vacant.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206 &
				  576.416
Stats. Implemented: ORS
				  576.206(7)
				  & 576.265
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311,
				  576.416 &
				  576.440
Stats. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495
Stats. Implemented: ORS
				  292.495, ORS
				  576.206(7)
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0100 - 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 972-040-0130  and OAR 972-040-0140, the
			 Oregon Albacore Commission shall provide to a qualified member of the Oregon
			 Albacore 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 972-040-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Albacore Commission
			 shall provide to a non-qualified member of the Oregon Albacore 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 972-040-0140, the Oregon Albacore Commission shall provide to a
			 non-qualified member of the Oregon Albacore 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
			 Albacore Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Albacore
			 Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0130 - 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 Albacore Commission no later than the 15th day of the calendar month
				following the end of the quarter for which the member seeks compensation. For
				example, a claim for compensation for July 1 - September 30 must be submitted
				by October 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 972 - DEPARTMENT OF AGRICULTURE, OREGON ALBACORE COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 972-040-0140 - 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 Albacore Commission by the
			 15th day of the calendar month following the end of the quarter for which the
			 member seeks expense reimbursement. For example, claims for reimbursement for
			 expenses incurred July 1 - September 30 must be submitted by October 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 976 - OREGON TOURISM COMMISSION › Division 1 - PROCEDURAL RULES › Section 976-001-0010 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule,
				the Oregon Tourism Commission will give notice of the proposed adoption,
				amendment or repeal:
(1) In the
			 Secretary of State's Oregon Bulletin referred to in ORS
			 183.360, at least 21 days prior
			 to the effective date of the rule;
(2) By mailing a copy of the notice, at least
			 28 days prior to the effective date of the rule, to persons on the Oregon
			 Tourism Commission's rules mailing list and to persons who have requested such
			 notice in accordance with ORS
			 183.335(8);
(3) By posting notice on the
			 Oregon Tourism Commission website at least 28 days prior to the effective date
			 of the rule; and
(4) By mailing a
			 copy of the notice to the legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule.
Stat. Auth.: ORS
				  284.111(6)
Stats. Implemented: ORS
				  284.111(6)
				  & 183.341
Oregon Administrative Rules › Chapter 976 - OREGON TOURISM COMMISSION › Division 1 - PROCEDURAL RULES › Section 976-001-0020 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act, in effect on November 1, 2014, are adopted as
				the rules of procedure for the Oregon Tourism Commission and shall be followed
				in all matters except where a different procedure is prescribed by
				statute.
Stat. Auth.: ORS
				  284.111(6)
Stats. Implemented: ORS
				  284.111(6)
				  & 183.341
Oregon Administrative Rules › Chapter 976 - OREGON TOURISM COMMISSION › Division 2 - OREGON WINE COUNTRY LICENSE PLATES MATCHING GRANT PROGRAM AND TOURISM PROMOTION DISTRIBUTION › Section 976-002-0010 - Matching Grant Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Oregon Tourism Commission shall prepare guidelines each biennium applicable
			 to grants to be awarded under ORS
			 805.274(1)(a).
			 The guidelines shall be available from the Oregon Tourism Commission and shall
			 be published on the Oregon Tourism Commission's website.
(2) The guidelines shall include the maximum
			 grant amount available for each matching grant award.
Stat. Auth.: ORS
				  284.111(6), ORS
				  805.274(3)
Stats. Implemented: ORS
				  805.274
Oregon Administrative Rules › Chapter 976 - OREGON TOURISM COMMISSION › Division 2 - OREGON WINE COUNTRY LICENSE PLATES MATCHING GRANT PROGRAM AND TOURISM PROMOTION DISTRIBUTION › Section 976-002-0020 - Tourism Promotion Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Tourism Commission shall
			 prepare guidelines each biennium applicable to Tourism Promotion Distribution
			 to be awarded under ORS
			 805.274(1)(b).
			 The guidelines shall be available from the Oregon Tourism Commission and shall
			 be published on the Oregon Tourism Commission's website.
(2) The Oregon Tourism Commission will
			 designate a tourism promotion agency for each region to receive the moneys
			 described in ORS 805.274(1)(b).
(3) The guidelines established by
			 the Oregon Tourism Commission shall include the requirement that tourism
			 promotion agencies collaborate with the Oregon Wine Board and relevant regional
			 winery associations whenever the tourism promotion agencies develop expenditure
			 plans for money distributed.
Stat. Auth.: ORS
				  284.111(6), ORS
				  805.274(3)
Stats. Implemented: ORS
				  805.274
Oregon Administrative Rules › Chapter 976 - OREGON TOURISM COMMISSION › Division 2 - OREGON WINE COUNTRY LICENSE PLATES MATCHING GRANT PROGRAM AND TOURISM PROMOTION DISTRIBUTION › Section 976-002-0030 - Tourism Promotion Distribution Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A recipient of an Oregon Wine Country
			 Plates Tourism Promotion Distribution must adhere to guidelines established by
			 Oregon Tourism per OAR 976-002-0020  and must demonstrate experience engaging in
			 tourism promotion on behalf of the wine industry in two or more of the counties
			 in the region for which it is designated to receive money described in ORS
			 805.274(1)(b).
(2) To be eligible for
			 consideration of an Oregon Wine Country Plates Tourism Promotion Distribution,
			 a tourism promotion agency must establish an advisory committee that includes
			 at least one representative of the wine industry and one representative of the
			 culinary industry.
Stat. Auth.: ORS
				  284.111(6), ORS
				  805.274(3)
Stats. Implemented: ORS
				  805.274
Oregon Administrative Rules › Chapter 976 - OREGON TOURISM COMMISSION › Division 2 - OREGON WINE COUNTRY LICENSE PLATES MATCHING GRANT PROGRAM AND TOURISM PROMOTION DISTRIBUTION › Section 976-002-0040 - Designation of Regions

Current through Register Vol. 63, No. 7, July 1, 2024
The major wine producing regions of the state are:
(1) Region 1, also known as The
			 Mid-Willamette Valley region, consisting of Marion, Polk and Yamhill Counties;
(2) Region 2, also known as the
			 South-Willamette Valley region, consisting of Lane, Linn, Benton, and Clackamas
			 Counties;
(3) Region 3, also known
			 as the Southern region, consisting of Douglas, Josephine, Jackson, Klamath and
			 Lake Counties;
(4) Region 4, also
			 known as the Eastern region, consisting of Sherman, Gilliam, Morrow, Umatilla,
			 Union, Wallowa, Wheeler, Grant, Harney, Baker and Malheur Counties;
(5) Region 5, also known as the Greater
			 Portland region, consisting of Columbia, Multnomah and Washington Counties;
(6) Region 6, also known as the
			 Central region, consisting of Jefferson, Deschutes and Crook Counties;
(7) Region 7, also known as the
			 Hood/Gorge region, consisting of Hood River and Wasco Counties; and
(8) Region 8, also known as the Coast region,
			 consisting of Clatsop, Tillamook, Lincoln, Coos and Curry Counties.
Stat. Auth.: ORS
				  284.111(6),
				  805.274(3)
Stats. Implemented: ORS
				  805.274