reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Sheep Commission (OSC) 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 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0010 - Basic Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The OSC 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 professional is required; or when the
			 Commission is directed by statute to contract for services. Contracts will be
			 let only after approval of 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 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0015 - 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 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 or rate quotations are obtained from
			 a number of sources and selection made on the basis of cost and other
			 applicable criteria.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0020 - 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 $10,000. 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 $10,000 per agreement per fiscal year and may be used for contracts of less
			 than $10,000. 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0025 - 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 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 5 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON SHEEP COMMISSION › Section 644-005-0030 - 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 644-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions will apply to division 10 and
				division 30 Administrative Rules of the Oregon Sheep Commission.
(1) "Person" means any individual, group of
			 individuals, corporation, association, partnership, joint stock company, or any
			 other legal entity.
(2)
			 "Commission" means the Oregon Sheep Commission.
(3) "Handler" means any processor,
			 distributor, auction market, or other person engaged in handling or marketing
			 sheep, whether as owner, agent, employee, broker, or otherwise, who buys sheep
			 from a producer and receives sheep in the first instance from a producer for
			 resale or processing.
(4)
			 "Producer" means any person, as defined in OAR
			 644-010-0005(1),
			 who raises, breeds, and produces sheep for sale, including anyone who markets
			 sheep or sheep products of that person's own production directly to consumers.
(5) "Sheep" means an animal of the
			 ovine species, regardless of age, including rams and ewes.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 644-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each handler
			 making payment to a producer shall deduct an assessment of $0.50 per head from
			 the sale of each live sheep sold by the producer and remit the assessment of
			 $0.50 per head to the Oregon Sheep Commission at quarterly intervals as defined
			 by OAR 644-010-0015(1). If the handler is receiving sheep for resale, the
			 assessment shall be forwarded to subsequent purchaser. The assessment will be
			 remitted by the final handler at time of final harvest.
(2) Each person processing or causing to be
			 processed sheep of that person's own production shall pay an assessment at the
			 rate of $0.50 per head to the Oregon Sheep Commission for each live sheep sold
			 for slaughter or custom processing. The assessment shall be remitted to the
			 Commission at quarterly intervals as defined by OAR 644-010-0015(1).
(3) A producer who markets sheep to an
			 out-of-state handler is responsible to remit the assessment of $0.50 per head
			 to the Commission as required by ORS
			 576.345, unless the subsequent
			 purchaser voluntarily agrees to deduct the assessment of $0.50 per head from
			 the proceeds owed to the producer and to remit to the Oregon Sheep Commission
			 as specified under OAR 644-010-0015.
(4) The assessment will be collected on any
			 sheep that has been fed or grazed in Oregon for at least 30 consecutive days
			 during the preceding 12 months prior to the date of sale.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.304(2)
				  & 576.325(4)(f)
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 644-010-0015 - Reports and Payment of Assessment Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Handlers shall remit collected
			 assessments on a quarterly basis, with a completed and signed assessment report
			 on commission approved forms. The information specified in OAR
			 644-010-0015(3)
 
			 may be provided in a separate printed report, if accompanied by a signed
			 commission approved assessment form. Assessment reports shall include all
			 purchases by or deliveries to a handler of sheep. Quarterly assessment reports
			 are due in the commission office postmarked on or before the 10th day of the
			 month following the end of the quarter. Quarterly assessments shall be reported
			 as follows.
(a) January, February, March
			 assessments report must be postmarked on or before April 10th;
(b) April, May, June assessments report must
			 be postmarked on or before July 10th;
(c) July, August, September assessments
			 report must be postmarked on or before October 10th;
(d) October, November, December assessments
			 report must be postmarked on or before January 10th.
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 644-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A handler who
			 delays transmittal of funds to the Commission beyond the time specified in OAR
			 644-010-0015(1)
 
			 shall pay a penalty of 10 percent of the amount due and shall also pay one and
			 one-half percent interest per month on the unpaid balance of the assessment.
(2) By majority vote, the
			 Commission may waive or adjust penalties for good cause or if the assessment is
			 deemed uncollectible.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 644-010-0025 - Effective Dates of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a handler, processor,
				distributor, auction market, or other person engaged in handling or marketing
				sheep shall begin with sheep purchased or sold on or after July 1,
				2014.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0010 - 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 Sheep 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0020 - 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 1270 Chemeketa Street NE, Salem, OR 97301.
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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0030 - 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0040 - 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0050 - 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 20 - PUBLIC RECORDS REQUEST › Section 644-020-0060 - 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[KA1] to the commission at the address provided in
			 644-020-0020.
(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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 644-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Sheep Commission will consist of eight members
				appointed by the Director of the Oregon Department of Agriculture for a term of
				four years or, if for a term following a prior term for that person, ending
				four years from the date of expiration of any prior term.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576.
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 644-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A producer
			 member of the Commission must have paid the commission assessment, if any, on
			 the commodity in each of the preceding three calendar years.
(b) A handler member of the Commission must
			 have collected the commission assessment, if any, each of the preceding three
			 calendar years.
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 644-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may recommend that the Director of the
				Department of Agriculture remove a commissioner from office, and declare the
				position vacant for cause.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576.
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311, ORS
				  576.416 &
				  576.440
Stats. Implemented:
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0100 - 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 644-040-0130  and OAR
			 644-040--0140, the Oregon Sheep Commission shall provide to a qualified member
			 of the Oregon Sheep 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 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 644-040-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Sheep
			 Commission shall provide to a non-qualified member of the Oregon Sheep
			 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 644-040-0140, the Oregon Sheep Commission shall
			 provide to a non-qualified member of the Oregon Sheep 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
			 Sheep Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Sheep
			 Commission.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 292.495 & ORS
				  576.265
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0130 - 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 Sheep 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 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 292.495 & ORS
				  576.265
Oregon Administrative Rules › Chapter 644 - DEPARTMENT OF AGRICULTURE, OREGON SHEEP COMMISSION › Division 40 - COMPENSATION AND EXPENSES FOR COMMISSIONERS › Section 644-040-0140 - 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 Sheep 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 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 1 - PROCEDURAL RULES › Section 645-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
So as to provide a reasonable opportunity for interested
				persons to be notified of the Commission's proposed administrative rulemaking
				actions, the Commission shall give notice of it's proposed adoption, amendment,
				or repeal of any administrative rule in the following manner:
(1) By causing the notice to be published in
			 the Secretary of State's Bulletin, referred to in ORS
			 183.360, at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on a list maintained by the Oregon
			 Dungeness Crab Commission, 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 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT AND PENALTIES FOR NON-PAYMENT OF ASSESSMENTS › Section 645-010-0005 - 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 Dungeness Crab Commission.
(3) "First Purchaser" means any person who
			 buys Dungeness Crab landed in Oregon from the fisherman in the first instance,
			 or handler who receives the Dungeness Crab in the first instance from the
			 fisherman for resale or processing.
(4) "Fisherman" means any individual
			 participating directly or indirectly in the commercial harvest of Dungeness
			 Crab for consumer comsumption.
(5)
			 "Handler" means any fisherman, processor, distributor, or other person engaged
			 in handling or marketing of or dealing in Dungeness Crab, whether as owner,
			 agent, employe, broker, or otherwise.
(6) Dungeness Crab includes cancer magister
			 and all species of magister dana. All Dungeness Crab sold commercially are to
			 be included.
Stat. Auth: ORS
				  576.051 - 575.585
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT AND PENALTIES FOR NON-PAYMENT OF ASSESSMENTS › Section 645-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who is a first purchaser as defined in ORS Chapter
				576, shall deduct and withhold an assessment at the rate of 1% of the cash
				value of the raw product of Dungeness Crab. This assessment deduction shall be
				made upon the incoming revenue thereof, for Dungeness Crab taken by crab
				fishing and delivered in Oregon.
Stat. Auth: ORS
				  576.305 -
				  576.355
Stats. Implemented: ORS
				  576.305
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT AND PENALTIES FOR NON-PAYMENT OF ASSESSMENTS › Section 645-010-0015 - Reports and Payment of Assessment Moneys

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 Oregon Dungeness
				Crab in the previous month. Assessment reports are due in the commission office
				by 5:00 p.m. on the 30th day of each month for all purchases or deliveries of
				Oregon Dungeness Crab in the previous month. Penalties and interest will apply
				on the first day of the month following the due date.
EXAMPLE
: Assessment reports and fees are due on
				April 30th for March purchases and deliveries. Penalties and interest will be
				applied on May 1st.
Stat. Auth: ORS 183
Stats. Implemented: ORS
				  576.335(1)
				  & 576.304(14)
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT AND PENALTIES FOR NON-PAYMENT OF ASSESSMENTS › Section 645-010-0020 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Penalty for
			 delaying transmittal of assessment moneys is provided in ORS
			 576.355, which states, "In
			 addition to the penalties prescribed in ORS
			 576.991, any person who delays
			 transmittal of funds beyond the time set by a Commission shall pay a penalty of
			 10 percent of the amount due and shall also pay one and one-half percent
			 interest per month on the unpaid balance of assessment."
(2) The commission may waive the penalty and
			 interest described in subsection (1) of this section upon a showing of good
			 cause.
Stat. Auth: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENT AND PENALTIES FOR NON-PAYMENT OF ASSESSMENTS › Section 645-010-0025 - 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
				576.155 and OAR
				645-010-0015(1),
				or the reports required under OAR
				645-010-0015,
				applies to and covers any purchases by him or delivery on or after November 15,
				1988, of Dungeness Crab landed in Oregon.
Stat. Auth: ORS 576
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0010 - 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 Dungeness
			 Crab 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at P.O. Box 1160, Coos Bay, OR 97420. 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,
				  ORS
				  192.329
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0030 - 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0040 - 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0050 - 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
			 @ $25.00per 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 20 - Public Records Request Rules › Section 645-020-0060 - 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 645-020-0020.
(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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 645-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Dungeness Crab Commission will consist of eight
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term of three years or, if for a term following a prior term for that
				person, ending three years from the date of expiration of any prior
				term.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 645-030-0020 - 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 645-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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:
(a) Two
			 unexcused absences annually, or other neglect of duty in office;
(b) Use of the commission appointment for
			 financial gain or to avoid financial detriment;
(c) Unauthorized use or disclosure of
			 confidential information;
(d)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(e) Misappropriation or
			 misuse of commission funds;
(f)
			 Failure to satisfy one or more qualifications for appointment.
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 645-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the last regular meeting of the Commission before
				the end of the fiscal year, the Commission will elect from its members a Chair
				and a Vice Chair who will serve until their successors are elected and
				qualified. The Chair or Vice Chair may resign as such or may be removed from
				that position by vote of four 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  576.304
Stats. Implemented: ORS
				  576.265
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311,
				  576.416 &
				  576.440
Stat. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495.
Stat. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0100 - 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 645-040-0130  and OAR 645-040-0140, the
			 Oregon Dungeness Crab Commission shall provide to a qualified member of the
			 Oregon Dungeness Crab 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 645-040-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Dungeness Crab
			 Commission shall provide to a non-qualified member of the Oregon Dungeness Crab
			 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 645-040-0140, the Oregon Dungeness Crab Commission shall provide
			 to a non-qualified member of the Oregon Dungeness Crab 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
			 Dungeness Crab Commission may decline to accept compensation or reimbursement
			 of expenses related to the non-qualified member's service on the Oregon
			 Dungeness Crab Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0130 - 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 Dungeness Crab 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 645 - DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 645-040-0140 - 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 Dungeness Crab 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 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION › Division 1 - PROCEDURAL RULES › Section 646-001-0000 - 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 Salmon 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 prior
			 to the effective date of the rule;
(2) By mailing a copy of the notice to
			 persons on the Oregon Salmon 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.