reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 609 - DEPARTMENT OF AGRICULTURE, OREGON INVASIVE SPECIES COUNCIL › Division 10 - OREGON INVASIVE SPECIES CONTROL ACCOUNT › Section 609-010-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division of administrative rules, unless the context requires otherwise:
(1) "Agreement" means a document describing an understanding between the Council and a recipient of Funds, including but not limited to a grant, loan, or memorandum of understanding.
(2) "Council" means the Oregon Invasive Species Council.
(3) "Emergency" means that one or more Invasive Species that is new to the state, or that exhibits a substantial range expansion within the state, threatens the health and integrity of Oregon's native flora and fauna.
(4) "Funds" means money in or disbursed from the Invasive Species Control Account.
(5) "Invasive Species" has the meaning given that term in ORS 570.755.
(6) "Invasive Species Emergency" means a declaration by the Council that an Emergency exists or is imminent, and that the Emergency is of such magnitude that Funds are needed to terminate or lessen the threat.
Stat. Auth.: ORS 570.800
Stats. Implemented: ORS 570.800 & 570.810
Oregon Administrative Rules › Chapter 609 - DEPARTMENT OF AGRICULTURE, OREGON INVASIVE SPECIES COUNCIL › Division 10 - OREGON INVASIVE SPECIES CONTROL ACCOUNT › Section 609-010-0110 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division of rules is to provide criteria and procedures for administration of the Oregon Invasive Species Control Account.
Stat. Auth.: ORS 570.800
Stats. Implemented: ORS 570.800 & 570.810
Oregon Administrative Rules › Chapter 609 - DEPARTMENT OF AGRICULTURE, OREGON INVASIVE SPECIES COUNCIL › Division 10 - OREGON INVASIVE SPECIES CONTROL ACCOUNT › Section 609-010-0120 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person, state or local government, unit of state or local government, an Indian tribe, or a unit of the federal government, may request that the Council declare an Invasive Species Emergency and release Funds.
(2) The request must be sent to the Council in writing and include a response plan with the following elements:
(a) A risk assessment for the Invasive Species;
(b) Information about efforts implemented to control or eradicate the Invasive Species in other locales;
(c) Methodology proposed to eradicate or control the infestation;
(d) Budget to respond to the infestation;
(e) Timeline for activities associated with response to the infestation; and
(f) Methods to evaluate control or eradication success.
Oregon Administrative Rules › Chapter 609 - DEPARTMENT OF AGRICULTURE, OREGON INVASIVE SPECIES COUNCIL › Division 10 - OREGON INVASIVE SPECIES CONTROL ACCOUNT › Section 609-010-0130 - Standards to Determine Eligibility for Release of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Council may release Funds only after declaring an Invasive Species Emergency and determining that the action items that are described in the response plan:
(a) Are economically, scientifically, and environmentally defensible and sound;
(b) Contribute to the effective control or eradication of Invasive Species populations or infections;
(c) Achieve a favorable cost/benefit ratio relative to other options considered; and
(d) Respond to an Invasive Species that the Council has deemed to be a high risk to Oregon's economy and environment.
Oregon Administrative Rules › Chapter 609 - DEPARTMENT OF AGRICULTURE, OREGON INVASIVE SPECIES COUNCIL › Division 10 - OREGON INVASIVE SPECIES CONTROL ACCOUNT › Section 609-010-0140 - Process for Declaration and Release of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Council members will review the request to declare an Invasive Species Emergency.
(2) During the review process, the Council may consider technical and other information obtained from sources other than the applicant, including, but not limited to, the Governor's Natural Resources Cabinet.
(3) If the Council declares an Invasive Species Emergency, the Council may enter an agreement with a person, state or local government, unit of state or local government, Indian tribe, or federal government that will be responsible for implementing a portion or all of the response plan. The agreement must include all terms required by law and include provisions for the following:
(a) Incorporation of the response plan.
(b) The maximum amount of Funds to be disbursed.
(c) Disbursement of the Funds according to a payment schedule that is incorporated as an integral part of the agreement.
(d) The recipient of Funds shall submit one or more interim reports for evaluation by the Council. The recipient of Funds shall submit the reports either on a schedule that is incorporated into the agreement or upon the request of the Council. Each report must include:
(A) Documentation of project results to date;
(B) Projections of short-range and long-range results;
(C) Any modifications to the response plan;
(D) Budget status; and
(E) An update on the likelihood of successful eradication.
(e) In the event an interim report is deemed unsatisfactory by the Council, the Council reserves the right to cancel the agreement and stop payments.
(f) Within six months of the official close of the action items designated in the agreement, the Fund recipient shall submit a final report to the Council. This report will provide the most current and detailed information on project benefits as compared with the original criteria.
(g) In the event that a Fund recipient cannot complete any project within the agreement timelines, the Fund recipient shall inform the Council and request a formal extension for use of the Funds.
(h) The Fund recipient shall return all unexpended Funds to the Council for deposit in the Invasive Species Control Account.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 1 - PROCEDURAL RULES › Section 611-001-0000 - 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 Raspberry & Blackberry 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 Raspberry and
			 Blackberry Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing or furnishing 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 the
			 Commission's rulemaking and publications whose readers have an interest in the
			 Commission's activities, and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT › Section 611-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means any individual,
			 corporation, association, partnership or joint stock company.
(2) "Commission" means the Oregon Raspberry
			 and Blackberry Commission.
(3)
			 "Casual Sale" means any sale or sales of caneberries made by the producer
			 direct to the consumer where the total accumulated sales during a calendar year
			 is not more than 500 lbs.
(4)
			 "First Purchaser" means any person who buys caneberries from the producer in
			 the first instance, or handler who receives the caneberries in the first
			 instance from the producer for resale or processing.
(5) "Producer" means a person or other legal
			 entity producing caneberries in Oregon for market, whether as a landowner,
			 landlord, tenant, sharecropper or otherwise.
(6) "Handler" means any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 caneberries, whether as owner, agent, employee, broker or otherwise.
(7) Caneberries consists of the trailing
			 berries species:
(a) Rubus sp. hyb.
			 (including, but not limited to, the cultivars Boysen, Logan, and Marion);
			 and
(b) R. Laciniatus West.
			 (Evergreen Thornless Blackberry) and raspberries species including, but not
			 limited to;
(c) R. idaeus-strigosus
			 L. (Red Raspberry); and
(d) R.
			 occidentalis L. (Blackcap Raspberry). All caneberry cultivars sold commercially
			 are to be included.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT › Section 611-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any first purchaser shall deduct and
			 withhold an assessment of 1 percent of the gross value of the raw product of
			 the berries delivered to a processor before any deductions from the price paid
			 to the producer thereof, after July 6, 1987, for all caneberries grown in
			 Oregon. (See definition of "First Purchaser".)
(2) Any producer who sells directly to a
			 retailer or sells directly at farmers' markets or farmstands is obligated to
			 pay the assessment.
(3) All casual
			 sales of caneberries shall be exempt form the assessment. (See definition of
			 "Casual Sale".)
Statutory/Other Authority: ORS 576
Statutes/Other Implemented: ORS 576.325 &
				  576.335
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT › Section 611-010-0015 - Reports and Payments of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers must submit
			 completed and signed assessment reports on commission approved forms.
			 Assessment reports for purchases by or deliveries to a first purchaser of
			 caneberries during the period of November 30th through August 31st shall be
			 postmarked on or before October 15th. Assessment reports for all purchases by
			 or deliveries to a first purchaser of caneberries from September 1st through
			 November 29th, shall be postmarked on or before December 15th.
(2) When a first purchaser or handler has
			 completed, signed and forwarded a report covering his final purchase of
			 caneberries for the crop season, he may mark such report in large letters
			 "Final Report For This Crop Season". No further reports are necessary by such
			 first purchaser unless or until additional purchases are made.
(3) When a first purchaser lives or has his
			 office in another state, or is a federal or governmental agency, the producer
			 shall report to this Commission all sales made to such purchaser as required by
			 section (1) of this rule and shall pay the assessment directly to the
			 Commission, unless such first purchaser voluntarily makes the proper deduction
			 and remits the proceeds to this Commission.
(4) At the time that reports are due the
			 Commission from the first purchaser or first handler, as required in section
			 (1) of this rule, the first purchaser or first handler shall attach or forward
			 payment to the Commission for the assessment due as set forth in each such
			 report. The forms shall be signed by the first purchaser or first handler and
			 completely filled out, and shall include, in addition to all other required
			 information and figures, the name and complete mailing address of each
			 producer, species of berries, total dollars paid, and 1% of dollar ($)
			 value.
(5) Any producer who
			 performs the handling or processing functions on all or part of his production
			 of the commodity, which normally would be performed by another person as the
			 first purchaser thereof, shall report his sales of such commodity of his own
			 production on forms provided by, and pay the assessment moneys directly to the
			 Commission, unless the first purchaser from such producer voluntarily makes
			 proper deduction and remits the proceeds to the Commission. Examples would be
			 the sale by a producer direct to a peddler, to a retail store, etc.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325, ORS
				  576.335 & ORS
				  576.345
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT › Section 611-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Penalty for delaying transmittal of assessment moneys (ORS
				576.355): "In addition to the
				penalties prescribed in ORS
				576.991, any first purchaser or
				other person who delays transmittal of funds beyond the time set by the
				Commission shall pay ten percent of the amount due for the first month of delay
				and one and one-half percent of the amount due for each month of delay
				thereafter."
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 & ORS
				  576.355
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT › Section 611-010-0025 - Effective Dates of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a first purchaser or
				handler, as required by ORS Chapter 576 and OAR 611-010-0010(1), or the reports
				required under 611-010-0015, applies to and covers any purchase by him or
				delivery on or after July 6, 1987, of caneberries grown in
				Oregon.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.325 & ORS
				  576.335
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0010 - 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 Raspberry
			 and Blackberry 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0020 - 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 4845 B SW Dresden Ave., Corvallis, OR 97333
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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0030 - 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0040 - 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0050 - 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 20 - PUBLIC RECORDS REQUESTS › Section 611-020-0060 - 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 611-020-0020.
(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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, REMOVAL FROM OFFICE › Section 611-030-0010 - Number of Commissioners and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Raspberry and Blackberry Commission will consist of
				nine commissioners appointed by the Director of the Oregon Department of
				Agriculture for a term of three years or, if a commissioner is reappointed 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, REMOVAL FROM OFFICE › Section 611-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment, if any, on the commodity in
			 each of the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, REMOVAL FROM OFFICE › Section 611-030-0030 - 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 consecutive unexcused absences, or
			 other neglect of duty in office;
(2) Use of the commission appointment for
			 financial gain or to avoid financial detriment;
(3) Unauthorized use or disclosure of
			 confidential information;
(4)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(5) Misappropriation or
			 misuse of commission funds;
(6)
			 Failure to satisfy one or more qualifications for appointment.;
(7) Not working for the positive economic
			 benefit of the commodity;
(8)
			 Inefficiency; or
(9)
			 Misconduct.
Stat. Auth.: 2003 OL Ch. 604, ORS 576.
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, REMOVAL FROM OFFICE › Section 611-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Annually, at the last regular meeting of the Commission at the end of the
			 fiscal year, the Oregon Raspberry & Blackberry Commission will elect from
			 its members a Chair, 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 or majority of the Commissioners. If the Chair, Vice Chair or
			 Secretary-Treasurer ceases to be a Commissioner, the office will be vacant and
			 a successor will be elected at the next regular meeting of the Commission.
(2) The Chair will preside over
			 all meetings, call special meetings, and generally supervise the business
			 affairs of the commodity commission committees.
(3) The Vice Chair will act in lieu of the
			 Chair when the Chair is unable to perform the duties of the office of Chair or
			 while the office is vacant. Under normal circumstances, the Vice Chair assists
			 in the completion of the duties of the Chair.
(4) The Secretary-Treasurer of the commission
			 acts as custodian of all the monies, property, securities, fidelity bonds, and
			 the books, records, and accounts maintained by the commodity commission. This
			 officer is also responsible for promptly depositing all monies and securities
			 of the commission into the appropriate banking institutions. These duties may
			 be delegated to the administrator. In the absence of the Chair or Vice Chair,
			 the Secretary-Treasurer may perform his or her duties.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.285
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0010 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the availability of funds in the budget, the Commission must pay any
			 member of the Commission, other than a member who is employed in full-time
			 public service, compensation for each day or portion thereof during which the
			 member is actually engaged in the performance of official Commission
			 duties.
(2) The rate of
			 compensation is $30 per day pursuant to ORS
			 292.495(1).
(3) In order to receive compensation, a
			 member must submit to the Commission a written claim for compensation by the
			 10th day of the second calendar month following the month for which the member
			 seeks compensation. The member must specify the amount of time the member spent
			 on official Commission duties as well as the nature of the duties performed for
			 any day or portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS
				  292.495, ORS
				  576.206 & ORS
				  576.416
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0020 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to subsections (2) through (6) of
			 this rule, a member of the Commission, including a member employed in full-time
			 public service, may receive actual and necessary travel and other expenses
			 actually incurred in the performance of the member's official duties.
(2) In order to receive reimbursement of
			 actual and necessary travel and other expenses, a member must submit to the
			 Commission a written itemized claim for reimbursement supported by receipts,
			 invoices or other appropriate documentation for travel and other expenses by
			 the 10th day of the second calendar month following the month in which the
			 member incurred the expense. The claim for reimbursement must include the
			 following information for each expense:
(a)
			 Date on which the member incurred the expense;
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0030 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 611-040-0020, "other
			 expenses" includes expenses incurred by a member of the Commission in employing
			 a substitute to perform duties, including personal duties, normally performed
			 by the member, which the member is unable to perform because of the performance
			 of official duties and which, by the nature of such duties, cannot be delayed
			 without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day pursuant to ORS
			 292.495(3).
Statutory/Other Authority: ORS
				  292.495
Statutes/Other Implemented: ORS
				  292.495 & ORS
				  576.206(7)
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0100 - Commissioner Per Diem and Reimbursements

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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 611-040-0130  and OAR
			 611-040-0140, the Oregon Raspberry & Blackberry Commission shall provide to
			 a qualified member of the Oregon Raspberry & Blackberry 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 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 611-040-0130, and only if there
			 are funds available in the budget for such compensation, Oregon Raspberry &
			 Blackberry Commission shall provide to a non-qualified member of the Oregon
			 Raspberry & Blackberry 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 611-040-0140, the Oregon Raspberry &
			 Blackberry Commission shall provide to a non-qualified member of the Oregon
			 Raspberry & Blackberry 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
			 Raspberry & Blackberry Commission may decline to accept compensation or
			 reimbursement of expenses related to the non-qualified member's service on the
			 Oregon Raspberry & Blackberry Commission.
Statutory/Other Authority: ORS 576.265 & 576.304
Statutes/Other Implemented: ORS 576.265 &
				  292.495
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0130 - 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 Raspberry & Blackberry 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
Statutes/Other Implemented: ORS 576.265, 576.304 &
				  292.495
Oregon Administrative Rules › Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION › Division 40 - PER DIEM COMPENSATION › Section 611-040-0140 - 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 Raspberry & Blackberry
			 Commission no later than the 15th day of the calendar month following the month
			 in which the member incurred the expense. For example, a claim for compensation
			 for May 1 and May 10 must be submitted by June 15. The claim for reimbursement
			 must include the following information for each expense:
(a) Date on which the member incurred the
			 expense;
(b) Nature of the expense;
			 and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 1 - PROCEDURAL RULES › Section 617-001-0000 - 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 Dairy Products 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 Dairy Products
			 Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in
			 Commission's rulemaking and publications whose readers have an interest in
			 Commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 Commission.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this order and OAR 617-010-0025  to
				617-010-0066:
(1) "Commission" means
			 the Oregon Dairy Products Commission.
(2) "Federal Order" as used in these
			 regulations means all the terms and conditions of the Federal Milk Marketing
			 Agreement as published in the
Federal Register
.
(3) "First Purchaser" means any person at any
			 location who buys milk from the producer in the first instance, or handler who
			 received such milk in the first instance from the producer for resale or
			 processing. A producer-distributor as defined in section (8) of this rule may
			 be considered the first purchaser if milk is purchased from another
			 producer.
(4) "Gross Dollar
			 Receipts" means the gross amount that is owed to a producer by the first
			 purchaser for milk he has sold, before deductions of any type or kind are made
			 against or subtracted from the gross amount.
(5) "Handler" means any producer, processor,
			 distributor or other person engaged in the handling or marketing of or dealing
			 in milk or other dairy products, whether as an owner, agent, employee, broker,
			 or otherwise.
(6) "Person" includes
			 (by law) individuals, corporations, associations, firms, partnerships and joint
			 companies.
(7) "Producer" means a
			 person producing within this state, milk for market, or receiving a share
			 thereof as landowner, landlord, tenant, sharecropper, or otherwise.
(8) "Producer-Distributor" means any person
			 or producers defined under ORS
			 621.055(7), or
			 under ORS 583.007(12), or
			 defined under section 1124.12 of the Federal Order, whichever shall
			 apply.
Publications: Publications referenced in this rule are
				  available from the agency.
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0035 - Reports to Be Filed and Assessments to Be Paid to the Commission by "First Purchasers" of Milk and Cream

Current through Register Vol. 63, No. 7, July 1, 2024
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 of milk in the
				previous month. Assessment reports are due in the commission office by 5:00pm
				on the last day of each month. (Example: Assessment reports for December
				1-December 31 would be due in the commission office by 5:00 p.m. on January
				31st.)
(1) Deductions made on the
			 producers statements for assessments shall be clearly identified "Oregon Dairy
			 Products Commission Assessment" or the abbreviation "O.D.P.C
			 assessment."
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0045 - Assessment Rate Established

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who is a First Purchaser or Producer-Distributor as
				defined in ORS 576 and this rule shall deduct and withhold an assessment at the
				rate of 10¢ per hundred weight (cwt) for all milk production in Oregon, as
				of January 1, 2019.
Statutory/Other Authority: ORS
				  576.304(2),
				  ORS
				  576.325(2)
				  & ORS
				  576.304(14)
Statutes/Other Implemented: ORS
				  576.304  & ORS
				  576.325
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0056 - Exemptions from Reporting and Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Casual Sales" or on-farm sales of milk
			 by a producer as provided for in Title 49 section
			 621.012 shall be exempt from
			 Commission reporting and assessment requirements.
(2) "Casual Sales" or on-farm sales of milk
			 by producer not meeting the criteria of Title 49 section
			 621.012 are not exempt from
			 Commission reporting and assessment requirements.
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0066 - Reports to be Filed and Assessments to be Paid to the Commission by "Producer-Distributor" of Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Producer-distributors must submit
			 completed and signed assessment reports on commission-approved forms.
			 Assessment reports shall include all milk production. Quarterly assessments are
			 due in the commission office by 5:00 p.m. on the reporting month specified
			 below. Quarterly assessments shall be reported as follows:
(a) January, February, March assessments are
			 due by 5:00 pm on April 30th;
(b)
			 April, May, June assessments are due by 5:00 pm on July 31st;
(c) July, August, September assessments are
			 due by 5:00 pm on October 31st.
(d)
			 October, November, December are due by 5:00 pm on January 31st.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 10 - RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION › Section 617-010-0085 - Reports to be Filed and Assessments to be Paid to the Commission by First Processors of Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of this rule:
(a) "Dairy
			 Products" shall have the meaning set forth in ORS
			 621.152(3);
(b) "First Processor" means a person who, in
			 the first instance, engages in the processing or manufacturing of dairy
			 products in this state;
(c)
			 "Processing" or "Manufacturing" means the heating, drying, mixing, churning,
			 separating, extracting, freezing, combining or otherwise creating dairy
			 products.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 20 - COMMISSION'S FISCAL ADMINISTRATION › Section 617-020-0010 - Fiscal Year Defined

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, the Oregon Dairy Products
				Commission fiscal year means the 12-month period commencing on January 1 and
				ending on December 31. The Commission will file required annual reports based
				on the fiscal year needs as defined by the State of Oregon.
Stat. Auth.: ORS
				  576.304: Chapter 12, 2013 Laws
				  (SB 348), effective March 21, 2013
Stats. Implemented: ORS
				  576.416 to
				  576.445
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 617-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Dairy Products Commission will consist of eight (8)
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term of three (3) years. No commissioner will serve for more than four
				(4) full consecutive terms of office. A person who serves four (4) consecutive
				terms is not eligible for appointment to another term on the board until at
				least one year after the expiration of the fourth consecutive
				term.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS
				  576
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 617-030-0020 - 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 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 617-030-0030 - 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) 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.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 617-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the first regular meeting of the Commission at the
				beginning of the new fiscal year, the Commission will elect from its members a
				Chair, 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 or Vice Chair ceases to be a
				Commissioner, the office will be vacant and a successor will be selected at the
				next regular meeting of the Commission. The Chair will preside over all
				meetings of the Commission. The Vice Chair will act in lieu of the Chair when
				the Chair is unable to perform the duties of the office of Chair or while the
				office is vacant.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206 &
				  576.416
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206 &
				  576.416
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  292.495,
				  576.206 &
				  576.416
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0090 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These division 40 rules apply to any activities by members of
				the Oregon Dairy Products Commission occurring on or after March 23,
				2022.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0101 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Actual and necessary" means that a travel or other expense:
(a) Is an actual expense incurred by a member
			 in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.