reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0100 - 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 670-020-0130  and OAR 670-020-0140, the
			 Oregon Blueberry Commission shall provide to a qualified member of the Oregon
			 Blueberry 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 670-020-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Blueberry Commission
			 may provide to a non-qualified member of the Oregon Blueberry 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 670-020-0140, the Oregon Blueberry Commission shall provide to a
			 non-qualified member of the Oregon Blueberry 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
			 Blueberry Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Blueberry
			 Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0130 - 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 Blueberry 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 20 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 670-020-0140 - 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 Blueberry 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 670-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Blueberry Commission will consist of nine (9)
				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 consecutive terms of
				office.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 670-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
Members of the Blueberry Commission will have the following
				qualifications, which will continue during the term of office of the
				member:
(1) One (1) member of the
			 commission will be a member of the public with an active interest in the
			 positive economic development, production and/or marketing of the commodity,
			 but who is not associated with the production or handling of
			 blueberries;
(2) Six (6) of the
			 members will be blueberry producers;
(3) Two (2) of the members will be blueberry
			 handlers.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 670-030-0030 - 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, including the following reasons:
(1) Two (2) unexcused absences, or other
			 neglect of duty in office;
(2) Use
			 of the commission appointment for financial gain or to avoid financial
			 detriment;
(3) Unauthorized use or
			 disclosure of confidential information;
(4) Conduct in violation of Oregon government
			 standards and practices laws;
(5)
			 Misappropriation or misuse of commission funds;
(6) Failure to satisfy one or more
			 qualifications for appointment;
(7)
			 Not working for the positive economic benefit of the commodity.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 670-040-0010 - Purpose of Public 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 Blueberry
			 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 670-040-0020 - 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 670-040-0030 - 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 670-040-0040 - 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 670-040-0050 - 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 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION › Division 40 - Public Records Requests › Section 664-040-0060 - 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
			 Blueberry Commission to the commission at the address provided in
			 670-040-0020.
(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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 1 - PROCEDURAL RULES › Section 678-001-0000 - 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 Wheat 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 Wheat Commission mailing list
			 established pursuant to ORS
			 183.335(7), at least
			 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at least
			 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the notice
			 to:
(a) The Associated Press;
(b) Associations with an interest in Commission's
			 rulemaking and publications whose readers have an interest in Commission's
			 activities; and
(c) Newspapers in
			 primary regions of the commodities represented by the Commission.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Wheat Commission (OWC) occasionally requires the services
				of an outside party to accomplish all or part of a project. The purpose of these
				rules is to specify the screening and selection procedures which will be used for
				personal service contracts.
Stat. Auth.: ORS 578
Stats. Implemented:
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0010 - Basic Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OWC will
			 contract for services when the specialized skills, knowledge, or resources are not
			 available within the Commission; when the work cannot be done in a reasonable time
			 with the Commission's own work force; when it will be less expensive to contract for
			 the work; when an independent and impartial evaluation of a situation by recognized
			 professionals is required; or when the Commission is directed by statute to contract
			 for services. Contracts will be let only after approval of the Commission.
(2) Agreements for the services of a contractor
			 who is a member of the Public Employes' Retirement System and who is employed in
			 another public agency usually will be by interagency agreement.
(3) In selecting between two or more equally
			 qualified bidders when awarding contracts, preference may be given to individuals
			 and businesses which have prior successful experience with commodity
			 commissions.
Stat. Auth.: ORS 578
Stats. Implemented:
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Competitive
			 Negotiation" (formal bidding) is a procurement method whereby proposals are
			 requested from a number of sources and the Request for Proposal is
			 publicized.
(2) "Non-Competitive
			 Negotiation" (sole source) is a procurement through solicitation of a proposal from
			 only one source.
(3) "Small Purchase
			 Procedures" (informal bidding) are those relatively simple and informal procurement
			 methods whereby price and rate quotations are obtained from a number of sources and
			 selection made on the basis of cost and other applicable criteria.
Stat. Auth.: ORS 578
Stats. Implemented:
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0020 - Procurement Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small purchase
			 procedures may be used for the procurement of services costing not more than
			 $25,000. Price or rate quotations shall be obtained from at least three qualified
			 sources.
(2) Competitive negotiation
			 shall be used for personal service contracts in excess of $25,000 per agreement per
			 fiscal year and may be used for contracts of less than $25,000. Exceptions may be
			 granted to accommodate one or more of the conditions described in section (3) of
			 this rule with the approval of the Commission.
(3) Non-competitive negotiation may be used for
			 contracts if:
(a) The item or service is available
			 only from a single source, or the sole source has special skills that are only
			 available based upon his/her expertise or situation;
(b) Public need or emergency advises against a
			 delay incident to competitive solicitation;
(c) After solicitation of a number of sources,
			 competition is determined inadequate;
(d) The contract is a renewal of an existing
			 contract, subject to approval by all required parties.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0025 - Maintenance of RFP Mailing List

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission Office shall maintain a Request for Proposals (RFP)
				Mailing List consisting of persons, businesses, organizations and other entities
				which have indicated the desire to be notified of contracting opportunities that are
				available.
Stat. Auth.: ORS 578
Stats. Implemented:
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION › Section 678-005-0030 - Competitive Negotiation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Request for Proposals (RFP) shall be prepared for contracts for which competitive
			 negotiation procedures will be used. The RFP shall include, at a minimum, the
			 following information:
(a) Date and hour by which
			 proposals must be received;
(b)
			 Description of work;
(c) Evaluation
			 specific to contract criteria.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 678-010-0010 - Applications of Assessment Rate to Wheat or Barley Mixtures

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who is a first purchaser or lien holder as defined by ORS
				578.010, shall deduct and withhold
				the assessment as required by OAR
				678-010-0030  on the gross
				weight of all grain mixtures that contain wheat, barley, or both that was grown in
				this state and sold through commercial channels, unless the grain mixture has been
				certified by the Federal Grain Inspection Service. If the grain mixture has been
				certified to contain a percentage of wheat, barley, or both, then the first
				purchaser or lien holder shall deduct and withhold the assessment as required by OAR
				678-010-0030  on the
				percentage by weight of wheat, barley, or both that was grown in this state and sold
				through commercial channels.
Stat. Auth.: ORS 578
Stats. Implemented: ORS
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 678-010-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commercial
			 Channels" means the sale of wheat, barley, or both for use as food, feed, seed, or
			 any industrial or chemurgic use, when sold to any commercial buyer, dealer,
			 processor, cooperative, or to any person, public or private, who resells any wheat,
			 barley, or both or product produced from wheat, barley, or both.
(2) "Commission" means the Oregon Wheat
			 Commission.
(3) "Director" means the
			 Director of the Oregon Department of Agriculture.
(4) "First Purchaser" means any person,
			 corporation, association or partnership that buys wheat from the grower in the first
			 instance, or any lienholder, public or private, who may possess wheat, barley, or
			 both from the grower under any lien, or any handler who receives wheat, barley, or
			 both in the first instance from the grower for resale or processing.
(5) "Grower" means any landowner personally
			 engaged in growing wheat, barley, or both; a tenant of the landowner personally
			 engaged in growing wheat, barley, or both; and both the owner and the tenant
			 jointly, and includes a person, partnership, association, corporation, cooperative,
			 trust, sharecropper, and any and all other business units, devices and
			 arrangements.
(6) "Sale" includes any
			 pledge or mortgage of wheat, barley, or both, after harvest, to any person, public
			 or private.
(7) "Person" means any
			 individual, corporation, association, partnership or joint stock company.
(8) "Handler" means a person or other legal entity
			 handling, marketing, or dealing wheat, barley, or both, whether as owner, agent,
			 employee, broker, or otherwise.
(9) "Net
			 Paid for Weight" means all sales or bartered bushels paid for.
(10) "Independent Third Party" refers to any
			 organization other than the Commission and the Oregon Wheat Growers
			 League.
(11) "Irregular" means less than
			 two quarters per crop year.
(12)
			 "Administrator" means a person employed and directed by the Commission.
(13) "Casual Sales" Means any sale or sales of
			 wheat, barley or both, made by the producer direct to the consumer where the total
			 accumulated sales to all consumers during the calendar year is not more than 100
			 pounds.
Statutory/Other Authority: ORS 576
Statutes/Other Implemented: ORS
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 678-010-0030 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any first purchaser
			 shall deduct and withhold from the grower an assessment of the following amounts for
			 all wheat grown in Oregon as follows:
(a) July 1,
			 2008 and thereafter - 5 cents per bushel.
(b) 1991 through June 30, 2008 - 3 cents per
			 bushel.
(c) 1981 through 1990 crops - 2
			 cents per bushel.
(d) 1975 through 1980
			 crops - 1 cent per bushel.
(e) 1974 and
			 prior years - 1/2 cent per bushel.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 678-010-0040 - 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 wheat, barley, or both (net paid
			 weight). Assessment collections that total $100 or more per month must be reported
			 monthly. Assessments of less than $100 per month may be reported quarterly. Monthly
			 assessment reports are due in the Commission office postmarked on or before the 20th
			 day of the month following the calendar month in which the reported wheat, barley,
			 or both was sold. Quarterly assessment reports are due in the Commission office
			 postmarked on or before the 20th day of the reporting month specified below.
			 Quarterly assessments shall be reported as follows:
(a) January, February, March assessments reported
			 on or before April 20th;
(b) April, May,
			 June assessments reported on or before July 20th;
(c) July, August, September assessments reported
			 on or before October 20th; and
(d)
			 October, November, December assessments reported on or before January
			 20th.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 678-010-0050 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) The Commission may by
			 majority vote waive the penalties described in subsection (1) for good cause. The
			 administrator may waive the penalties described in subsection (1) if the amount of
			 the penalty is $1,000 or less, if the penalty was incurred due to illness or other
			 good cause, and if the administrator is an employee of the Commission. The
			 Administrator shall report all waived penalties to the Commission on a quarterly
			 basis.
(3) If any first purchaser or
			 other person responsible for transmittal of the assessment monies to the Commission
			 willfully refuses to turn over assessment monies to be collected, the first
			 purchaser or other person shall pay an additional penalty equal to twice the amount
			 of the assessment monies so withheld.
(4) The penalties described in subsections (1) and
			 (3) are in addition to the penalties prescribed in ORS
			 578.990.
Stat. Auth.: ORS
				  576.304 & 578
Stats. Implemented: ORS
				  576.304 &
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0010 - 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 Wheat 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,
				  192.329
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0020 - 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 1200 NW Naito, Suite 370, Portland, OR 97209. 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
Statutes/Other Implemented: ORS
				  192.324,
				  192.329
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0030 - 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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0040 - 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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0050 - 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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 20 - REQUEST FOR PUBLIC RECORDS › Section 678-020-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 requesting a fee waiver or reduction from the commission must submit a completed Fee
			 Waiver or Reduction Request Form to the commission at the address provided in OAR
			 678-020-0020.
(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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  578.060 &
				  578.090
Stats. Implemented: ORS 578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495 &
				  578.060
Stats. Implemented: ORS 578 &
				  576
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495, ORS
				  578.060.
Stats. Implemented: ORS
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply in OAR 678-030-0025  to
				678-030-0030.
(1) "Grower member" means a
			 person who has been actually engaged in growing wheat in this state for the five
			 year period immediately prior to being appointed to the commission.
(2) "Handler member" means a person engaged in the
			 handling or processing of wheat produced in Oregon and who has an active interest in
			 the positive economic development of the wheat industry.
(3) "Public member" means a person who is not
			 associated with the production or handling of wheat and who has an active interest
			 in the positive economic development of the wheat industry.
Stat. Auth.: ORS
				  578.090.
Stats. Implemented: ORS
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0027 - Number and Qualifications of Voting Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Wheat Commission will include eight
			 voting commissioners appointed by the Director of the Oregon Department of
			 Agriculture.
(2) Voting commissioners
			 will have the following qualifications throughout their terms of office:
(a) All voting commissioners must be United States
			 citizens.
(b) Five voting commissioners
			 must be grower members.
(A) Not fewer than three
			 of the five grower members must be engaged in growing wheat in the area comprised of
			 Umatilla, Morrow, Gilliam, Sherman, Wasco and Jefferson Counties.
(B) Not fewer than one of the five grower members
			 must be engaged in growing wheat in the area of the state of Oregon that lies east
			 of the summit of the Cascade Mountains and that is not within Umatilla, Morrow,
			 Gilliam, Sherman, Wasco or Jefferson Counties.
(C) Not fewer than one of the five grower members
			 must be engaged in growing wheat in the area of the state of Oregon lying west of
			 the summit of the Cascade Mountains.
(D)
			 One voting commissioner must be a public member.
(E) Two of the eight voting commissioners must be
			 handler members.
(a) One of the handler members
			 will be appointed to a first term that will begin July 1, 2010. Future full term
			 appointments to this position will occur in even-numbered years.
(b) The second hander member will be appointed to
			 a first term that will begin July 1, 2011. Future full term appointments to this
			 position will occur in odd-numbered years.
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 30 - COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS › Section 678-030-0030 - Term Limits

Current through Register Vol. 63, No. 7, July 1, 2024
Each grower member and public member of the commission shall be
				appointed to a four-year term. Should a vacancy occur, the Director of the ODA would
				appoint a replacement for the remainder of the term.
Stat. Auth.: ORS 578
Stats. Implemented: ORS
				  578
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 40 - COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 678-040-0100 - 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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 40 - COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 678-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 678-040-0130  and OAR
			 678-040-0140, the Oregon Wheat Commission shall provide to a qualified member
			 of the Oregon Wheat 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 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 40 - COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 678-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 678-040-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Wheat
			 Commission shall provide to a non-qualified member of the Oregon Wheat
			 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 678-040-0140, the Oregon Wheat Commission shall
			 provide to a non-qualified member of the Oregon Wheat 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
			 Wheat Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Wheat
			 Commission.
Statutory/Other Authority: ORS 578.090 & ORS
				  578.060
Statutes/Other Implemented: ORS 578.090 & ORS
				  292.495
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 40 - COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 678-040-0130 - 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 Wheat 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, claims 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 578.060 & ORS
				  578.090
Statutes/Other Implemented: ORS 578.090 & ORS
				  292.495
Oregon Administrative Rules › Chapter 678 - DEPARTMENT OF AGRICULTURE, OREGON WHEAT COMMISSION › Division 40 - COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT › Section 678-040-0140 - 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 Wheat 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 690 - WATER RESOURCES DEPARTMENT › Division 1 - RULEMAKING; ATTORNEY GENERAL'S MODEL RULES › Section 690-001-0000 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule by the Water Resources Commission or the Water Resources Department, the
				Department must give notice of the proposed adoption, amendment, or
				repeal:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date;
(2) By
			 mailing or electronic mailing a copy of the notice and a copy of the rule or an
			 explanation of how the person or organization may acquire a copy of the rule to
			 persons and organizations on the Water Resources Department's mailing list
			 established pursuant to ORS
			 183.335(8) at
			 least 28 days prior to the effective date;
(3) By mailing or electronic mailing to the
			 persons specified in ORS
			 183.335(15) at
			 least 49 days before the effective date; and
(4) By mailing or electronic mailing a copy
			 of the notice to the following persons, organizations, or publications at least
			 28 days before the effective date:
(a)
			 Associated Press;
(b) Persons and
			 organizations that filed a written request for such notice with the Department;
			 and
(c) Cities, counties, and local
			 planning agencies likely to be directly affected by the proposed
			 rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 1 - RULEMAKING; ATTORNEY GENERAL'S MODEL RULES › Section 690-001-0005 - Uniform and Model Rules of Procedure, Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
The Water Resources Commission adopted the January 1, 2008
				edition of the Attorney General's Uniform and Model Rules for Rulemaking. The
				Water Resources Department and the Water Resources Commission must follow the
				Uniform and Model Rules in all matters, except where a different procedure is
				prescribed by statute.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  agency.
Statutory/Other Authority: ORS
				  536.025,
				  536.027 &
				  183.341
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0000 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Contested case hearings for the Water Resources Department are
				heard by administrative law judges from the Office of Administrative Hearings.
				The procedural rules for these hearings are provided in OAR 137-003-0501  to
				137-003-0700  (the Model Rules of Procedure). The rules in this Division
				(division 002) are intended to supplement the Model Rules of Procedure by
				providing additional procedures governing requests for and conduct of contested
				case hearings. Other divisions of OAR chapter 690 and statutory provisions
				govern entitlement to a contested case hearing.
Stat. Auth.: ORS 183,
				  536.027 &
				  536.029
Stats. Implemented: ORS 183,
				  536.027 &
				  536.029
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 690, division
				002:
(1) "Applicant" means a person
			 filing an application or request for a water use permit, certificate,
			 extension, transfer, or any other right, authorization or review provided by
			 the Department.
(2) "Commission"
			 means the Water Resources Commission.
(3) "Department" means the Water Resources
			 Department.
(4) "Director" means
			 the Director of the Water Resources Department.
(5) "Proof of Service" means a certification
			 by the sender that the document described in the certification was provided to
			 the recipient by hand delivery, by facsimile, by mail, or by electronic mail on
			 a certain date and giving the recipient's name and the address to which the
			 document was mailed.
(6) "Protest"
			 means a statement expressing disagreement with an action or proposed action by
			 the Department that, under applicable law, may entitle the person filing the
			 protest to become a party to a contested case hearing. Where provided or
			 required by applicable law, a "protest" may include a request for contested
			 case hearing. Except as provided in ORS
			 543.230, a protest must be in
			 writing.
(7) "Protestant" means any
			 person filing a protest against an action or proposed action.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.310 -
				  183.497 & 536 -
				  543