reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 50 - STATE SURPLUS PROPERTY › Section 125-050-0100 - State Surplus Property Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions contained in ORS
				279A.250 and OAR 125-246-0110,
				the following definitions apply to these Rules on State Surplus
				Property:
(1) "Bid" means a
			 competitive Offer to purchase advertised Surplus Property at a price specified
			 by the bidder.
(2) "Cash" includes
			 U.S. currency, cashier's checks, certified checks, traveler's checks, money
			 orders made payable to the State of Oregon, or approved credit cards.
(3) "Direct Labor" includes all Work required
			 for preparation, production, processing and packing, but does not include
			 supervision, administration, inspection and shipping.
(4) "Employee's Household" means all persons
			 residing with employee.
(5)
			 "Employee's Immediate Family" means the children, step-children, parents,
			 step-parents, grandparents and spouse of employee, separately or in any
			 combination thereof.
(6)
			 "Invitation to Bid" means a competitive Offer to bid on Surplus Property
			 available for public sale and is also known as a bid advertisement.
(7) "Not-for-profit organization" is defined
			 in ORS 279A.250(2) and
			 means a nonprofit corporation as defined in ORS
			 307.130.
(8) "Photographic Identification" means a
			 document that shows the bearer's current name, address, and photographic
			 portrait.
(9) "Political
			 Subdivision" includes divisions or units of Oregon local government having
			 separate autonomy such as Oregon counties, cities, municipalities or other
			 public corporate entities having local governing authority.
(10) "Private Not-for-Profit Agencies" means
			 those Agencies meeting the criteria specified in the Oregon Administrative
			 Rules.
(11) "Property" is defined
			 in ORS 279A.250(3) and
			 means personal property.
(12)
			 "State agency" is defined in ORS
			 279A.250(4) and
			 means every state officer, board, commission, department, institution, branch
			 or agency of state government whose costs are paid wholly or in part from funds
			 held in the State Treasury, and includes the Legislative Assembly and the
			 courts, including the officers and committees of both, and the Secretary of
			 State and the State Treasurer in the performance of the duties of their
			 constitutional offices.
(13)
			 "Surplus Property" means all personal property, vehicles and titled equipment
			 property received by the Department as surplus from federal government units,
			 state agencies, local governments, and special government bodies for sale to
			 state agencies, political subdivisions of the State, and private not-for-profit
			 organizations or the general public or any combination
			 thereof.
Stat. Auth.: ORS
				  283.060,
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A.250
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 50 - STATE SURPLUS PROPERTY › Section 125-050-0200 - Disposition and Accounting of State Owned Property

Current through Register Vol. 63, No. 7, July 1, 2024
State Agencies shall follow Oregon Accounting Manual Policy
				15.55.00.PO or other state policy when removing, transferring, recycling,
				scrapping or otherwise disposing of Property in their possession that was
				purchased with state funds.
Stat. Auth.: ORS
				  279A.260(f),
				  279A.070
Stats. Implemented: ORS
				  279A.260
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 50 - STATE SURPLUS PROPERTY › Section 125-050-0300 - Eligibility of State Agencies, Political Subdivisions and Non-Profit Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to offering Surplus Property for public sale, the State
				Surplus Property Program must make Surplus Property available to the
				following:
(1) State
			 Agencies;
(2) Political
			 subdivisions of the State; and
(3)
			 Any non-profit organization qualified to acquire federal donation property
			 pursuant to OAR 125-035-0045  or determined by the Department to be eligible
			 under criteria established by the Department.
Stat. Auth.: ORS
				  283.060,
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A.260
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 50 - STATE SURPLUS PROPERTY › Section 125-050-0310 - State Surplus Property Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recipients of state Surplus Property must
			 have funds available at the time property is acquired, and pay all costs and
			 charges incidental to the acquisition within thirty (30) calendar Days from the
			 date of invoice. Invoices outstanding in excess of ninety (90) Days may result
			 in suspension of purchasing privileges until such invoices have been paid in
			 full.
(2) Surplus state property
			 must be available for warehouse floor sale or direct transfer to state
			 Agencies, political subdivisions and qualified non-profit organizations prior
			 to public sale. Non-qualifying private entities and private citizens,
			 separately or combined, must not be eligible to acquire surplus state property
			 except at public sales.
(3) State
			 Surplus Property acquired by state agencies, political subdivisions, or
			 qualified not-for-profit organizations through warehouse floor sales or direct
			 transfers must be used only in the conduct of their official public programs.
			 State Surplus Property must not be acquired through warehouse floor sales or
			 direct transfer for any use or purpose other than conduct of their official
			 public programs, and not for resale or distribution unless otherwise
			 pre-approved by the Department.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A.260,
				  279A.280
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 50 - STATE SURPLUS PROPERTY › Section 125-050-0400 - Public Sales for Disposal of State Surplus Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conduct. The
			 Department must conduct public sales for the disposal of state Surplus
			 Property. Methods of disposal may include, but not be limited to: internet
			 auctions, oral auctions, sealed bid sales and fixed price retail sales,
			 separately or in any combination thereof.
(2) Eligibility. Members of the general
			 public may participate as buyers at public sales. No employee whether
			 full-time, part-time, temporary or unpaid volunteer, of the Department, member
			 of the employee's household, the employee's immediate family, or any person
			 acting on the employee's behalf may participate in public sales if the employee
			 has had any role in declaring the item surplus, processing the item or related
			 paperwork, or offering it for sale. No employee of the Property Distribution
			 Center's programs, or members of the employee's immediate family, or any person
			 acting on the employee's behalf, may purchase items offered through any public
			 sales regardless of whether such employee had a role in declaring the item
			 surplus, in processing the item, or in offering it for sale.
(3) Public Sales:
(a) Auctions: The Department may offer
			 Surplus Property for public sale through an Internet auction provider, by
			 public outcry auctions and by sealed bid auctions.
(A) Internet Auctions:
(i) Public bidding terminals may be made
			 available during posted public hours at the Department's Property Distribution
			 Center. The public may inspect Property offered for sale at the time and place
			 specified in the public Invitation to Bid;
(ii) The Department reserves the right to
			 reject any and all bids regarded as not in the best interests of the
			 State;
(iii) All items must be sold
			 to the highest bidder.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 125-055-0005  to 125-055-0045:
(1) "Agency" means a public agency, as
			 defined in ORS
			 279.835(5).
(2) "Community Rehabilitation Program" (CRP)
			 means a nonprofit organization for Individuals with Disabilities providing or
			 facilitating one or more of the following services to Individuals with
			 Disabilities, enabling them to maximize their opportunities for employment:
(a) Medical, psychiatric, psychological,
			 social, and vocational services;
(b) Physical, occupational and recreational
			 therapy;
(c) Speech, language, and
			 hearing therapy;
(d) Assessment for
			 determining eligibility and vocational rehabilitation needs;
(e) Job development, placement, and retention
			 services;
(f) Psychosocial
			 rehabilitation services;
(g)
			 Supported employment services;
(h)
			 Services to family members, if necessary, to enable the applicant or eligible
			 individual to achieve an employment outcome; and
(i) Personal assistance services.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required by
			 ORS
			 279.850(1),
			 Agencies that intend to procure a product or service that is listed on the
			 Procurement List must procure that product or service, at the Price determined
			 by the Department, from an OFC if the product or service is of specifications
			 appropriate to the Agency's procurement needs and is available within the time
			 required by the Agency.
(a) Agencies must not
			 develop specifications that inhibit or tend to discourage Public Contracting
			 with OFC providers for the acquisition of Oregon Forward-produced products or
			 services.
(b) Agencies must not
			 enter into lease agreements or other agreements to purposely eliminate the
			 possibility of that Agency entering into an agreement with anOregon Forward
			 provider.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0015 - Application for Oregon Forward Qualified Nonprofit Agency Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A CRP that
			 seeks to participate in the Oregon Forward Program must submit a complete
			 application to the Department on a Department-prescribed form. Exhibits
			 submitted with the application must include:
(a) IRS 501(c)(3) letter;
(b) Articles of Incorporation;
(c) Bylaws;
(d) Mission Statement;
(e) A description of how the applicant is
			 operating as a CRP; and
(f) A
			 written plan for the applicant's compliance with the direct labor requirement
			 of ORS
			 279.835(5).
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0016 - OFC Status and Annual Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An OFC is required, during the OFC's
			 fiscal year, to adhere to the direct labor requirement as described in OAR
			 125-055-0005(9)(c).
(2) All
			 participating OFCs must submit, on a Department-prescribed form, information
			 from their preceding fiscal year. The Department will evaluate this information
			 to determine compliance with ORS
			 279.835(5).
(3) The OFC must submit its annual report to
			 the Department within 120 calendar days after the close of the OFC's fiscal
			 year.
(4) An OFC may request an
			 extension in writing prior to the 120-day deadline. The request must state the
			 reason for the extension and the anticipated date of submission.
(5) The Department will evaluate the annual
			 report for accuracy and compliance with ORS
			 279.835(5).
			 If the Department determines that the OFC meets the requirements, it will send
			 written notice of qualification to the OFC.
(6) If the Department determines that an OFC
			 is noncompliant with any requirements of ORS
			 279.835(5),
			 the Department will issue a written notice to the OFC. The written notice will
			 state the reasons the OFC is not compliant and provide potential remedies.
(a) An OFC receiving notice of noncompliance
			 under this subsection must respond to the Department within thirty (30)
			 calendar days of the date of the Department's notice. The OFC's response must
			 acknowledge receipt of the notice and describe a corrective action
			 plan.
(b) If the OFC does not
			 respond within thirty (30) calendar days from the date of the written notice,
			 the Department will issue to the OFC written notice of the proposed termination
			 of the OFC's participation in the Oregon Forward Program. The Department's
			 written decision under this subsection constitutes a final order under ORS
			 183.484.
(c) The Department may require the OFC, as
			 part of the required cure, to submit to the Department quarterly audit reports
			 concerning the direct labor requirement of ORS
			 279.835(5).
			 The Department may require the quarterly audits to be conducted and reported by
			 a CPA in accordance with OAR 125-055-0035.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0017 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 participating OFCs must maintain current records for each Individual with a
			 Disability employed by the organization. The records must contain the
			 disability documentation source and when required, a Competitive Employment
			 statement. A Competitive Employment statement is not required for Individuals
			 with a Disability qualified by the Social Security Administration due to their
			 disability.
(a) Competitive Employment
			 Statement. The Competitive Employment statement is a Department form signed by
			 the OFC executive and prepared by a person qualified by training and experience
			 to evaluate the work potential, interests, aptitudes and abilities of
			 Individuals with a Disability.
(b)
			 Acceptable Disability Documentation Sources:
(A) A letter on United States Veterans
			 Administration letterhead stating that the individual has been determined
			 eligible for vocational services due to his or her disability;
(B) A letter on Social Security
			 Administration letterhead stating the individual is eligible for benefits due
			 to his or her disability;
(C)
			 Documentation from the Oregon Department of Human Services (DHS) or a
			 DHS-designated Community Developmental Disability Program that the individual
			 has an existing disability. "Community Developmental Disability Program" means
			 an entity that is responsible for planning and delivery of services for
			 individuals with developmental disabilities operated by or under a contract
			 with the DHS, Seniors and People with Disabilities Division or a local mental
			 health authority;
(D) Documentation
			 from the Oregon Commission for the Blind that the individual has been
			 determined to have a disability;
(E) Documentation from a Qualified Mental
			 Health Professional that the individual is determined to have mental illness. A
			 "Qualified Mental Health Professional" means any person meeting the following
			 minimum qualifications as defined in OAR 309-114-0005:
(i) Graduate degree in psychology;
(ii) Bachelor's or graduate degree in nursing
			 and licensed in the State of Oregon;
(iii) Graduate degree in social work or
			 counseling;
(iv) Graduate degree in
			 a behavioral science field;
(v)
			 Graduate degree in recreational art, or music therapy;
(vi) Bachelor's degree in occupational
			 therapist and licensed by the State of Oregon; or
(vii) Bachelor's or graduate degree in a
			 relevant area.
(F)
			 Documentation on the Department's "Documentation of Disability" form signed by
			 a medical professional. "Medical Professional" means an individual licensed by:
(i) The Oregon Medical Board;
(ii) The Oregon Board of Naturopathic
			 Medicine;
(iii) The Oregon State
			 Board of Nursing as a Nurse Practitioner; or
(iv) The State Board of Psychologist
			 Examiners.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0025 - Review of Suitability Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department reserves the right to
			 review suitability determinations as changes in rules, laws, market conditions
			 and OFC contractor performance occur. Information that was not available to the
			 Department during the initial determination that negatively impacts the
			 suitability of the product or service may also cause a review. The review may
			 result in removal of the product or service from the Procurement List. An OFC
			 may appeal a decision to remove a product or service from the Procurement List
			 in the manner provided in OAR 125-055-0020(4).
(2) An Agency and an OFC may not alter the
			 character or scope of the product or service so that it no longer is
			 essentially the same product or service that was the subject of the suitability
			 determination. In cases where such a change is sought, the Agency or the OFC
			 must first request and receive from the Department a new or amended
			 determination that the product or service, as changed, is suitable under OAR
			 125-055-0020(2). In cases where the change in specifications or amendment
			 appears to affect the Price of a product or service as determined under OAR
			 125-055-0030, the Department also may conduct a new Price determination in
			 response to the request.
Statutory/Other Authority: ORS
				  279.845(1)
				  & 184.340
Statutes/Other Implemented: ORS
				  279A.025(4)
				  & 279.835 - 279.855
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0030 - Determination of Price

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under ORS
			 279.845(1)(a),
			 the Department will determine the Price of Oregon Forward products and services
			 placed on the Procurement List.
(2)
			 The Price determined by the Department will be a reasonable and adequate Price
			 that will recover for the OFC the cost of:
(a) Raw materials;
(b) Labor;
(c) Overhead that can be allocated to the
			 particular product or service for which the Price determination is being made,
			 including the actual, reasonable costs of complying with the independent audit
			 requirements of OAR 125-055-0035;
(d) Delivery costs, which include the
			 transportation of a product to the site designated by the Agency or the
			 transportation of workers to and from a site at which they will perform
			 services for a customer; and
(e) An
			 amount held in reserve for inventory and equipment replacement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0035 - Direct Labor Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an OFC's gross revenues generated under the Oregon Forward Program exceed
			 $100,000 annually, the OFC must conduct an independent audit of direct labor to
			 maintain qualifications and listing on the Procurement List. Independent audits
			 must be conducted every other year as scheduled by the Department to determine
			 compliance with ORS
			 279.835(5)(c).
			 The audit must be conducted by an independent certified public accountant (CPA)
			 in accordance with generally accepted auditing principles. The OFC must submit
			 a letter of attestation and the compilation worksheet to the Department 120
			 calendar days after the close of the OFC's fiscal year. An OFC may request an
			 extension in writing prior to the 120-day deadline. The request must state the
			 reason for the extension and the anticipated date of submission.
(2) For purposes of subsection (3):
(a) "Direct labor" means all work required
			 for the manufacture, preparation, processing and packing of products produced
			 by an OFC and all work performed in rendition of services by an OFC. Direct
			 labor does not include supervision, administration, shipping, or client-type
			 services provided by an OFC to Individuals with a Disability served by the OFC,
			 such as job training and therapeutic services.
(b) "Supervision" means the direction,
			 assignment, instruction and oversight of individuals performing direct labor
			 and inspection of work performed or products for quality assurance.
(c) "Administration" means the management
			 activities of an OFC that include acquisition of equipment, parts, supplies and
			 inventory, handling of the entity's payroll, personnel and accounting
			 activities, executive decision-making and other business activities, generally
			 of a centralized nature, that do not entail the "hands-on" production of a
			 product or the performance of a service.
(d) "Shipping" means the transportation of a
			 product to the site designated by the acquirer of the product or the
			 transportation of workers to and from the site at which they will perform
			 services for a customer.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0037 - OFC Contract Termination and Successor Contractor Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions applicable to this rule,
			 125-055-0037:
(a) Three categories of Oregon
			 Forward Program services are subject to the requirements of this rule. Other
			 Oregon Forward service categories are not affected by these requirements. The
			 definitions of these applicable services are:
(A) "Janitorial Services" means regular and
			 periodical activities provided as required by Contract and performed to
			 maintain the cleanliness of a facility.
(B) "Grounds Maintenance Services" means
			 activities necessary for the upkeep of lands for appearance, safety and to
			 promote the healthy growth of desired plants.
(C) "Security Services" means preventative
			 measures employed to protect an Agency's assets and personnel from
			 risks.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0045 - Purchases under ORS 279.855

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OFCs, residential programs and public
			 benefit corporations recognized by ORS
			 279.855 may acquire equipment, materials, supplies and services under the same
			 conditions as state agencies that, under ORS 279A.040, are not subject to the
			 requirement that the Department provide for their acquisition of such items.
			 Accordingly, OFCs, residential programs and public benefit corporations must
			 enter into an agreement with the Department in order to participate in the
			 Oregon Cooperative Procurement Program (ORCPP). The agreement must have
			 substantially the same form, content and obligations as the standard agreement
			 prescribed by the Department that state agencies must execute in order to
			 participate. In addition, OFCs, residential programs and public benefit
			 corporations must comply with the applicable subsections of this rule to
			 acquire equipment, materials, supplies or services under ORS
			 279.855.
(2) OFCs that currently are approved under
			 OAR 125-055-0015  may purchase equipment, materials, supplies and services
			 through the Department in the same manner as state agencies, as provided in ORS
			 279A.140 to
			 279A.155 and
			 279A.250 to
			 279A.290.
(3) A residential program seeking to purchase
			 equipment, materials, supplies or services through the Department under ORS
			 279.855 must make a written request to the Department to which is attached a true and
			 correct copy of its currently effective contract with the Department of Human
			 Services to provide services to youth in the custody of the state. In addition,
			 the residential program must submit a letter from the Oregon Department of
			 Human Services, on the letterhead of that department or of a division of that
			 department that contains the following information:
(a) The services the residential program must
			 provide, including the scope of those services, under the currently effective
			 contract with the Department of Human Services;
(b) The Department of Human Services contract
			 number;
(c) The starting date and
			 expiration date of the contract; and
(d) The name, original signature, mailing
			 address and telephone number of the Department of Human Services' Contract
			 Administrator for the contract.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0100 - Purpose - HIPAA Privacy and Security Rule Implementation; HITECH Act Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of these rules is to set forth the requirements that a contractor
			 who is a Business Associate of an Agency must abide by in order to comply with
			 the Business Associate provisions of HIPAA and the implementing Privacy Rule
			 and Security Rule and of the HITECH Act. The Privacy Rule and Security Rule, as
			 amended by the HITECH Act, require an Agency, to obtain certain written
			 assurances from a Business Associate, that the Business Associate will comply
			 with the Business Associate requirements set forth in
			 45
			 CFR 164.502(e) and
			 164.504(e).
			 The Privacy Rule requires that a Covered Entity obtain certain written
			 assurances before the Business Associate may create, receive, maintain or
			 transmit Protected Health Information. The requirements contained in this Rule
			 apply both to Contracts for trade services and personal services, as defined in
			 OAR 125-246-0110.
(2) This Rule
			 will be interpreted as broadly as necessary to implement and comply with HIPAA,
			 the Privacy Rule and the Security Rule, and the HITECH Act. Any ambiguity in
			 this Rule shall be resolved in favor of a meaning that complies and is
			 consistent with HIPAA, the Privacy Rule and the Security Rule, and the HITECH
			 Act.
Stat. Auth.: ORS
				  184.305,
				  184.340 &
				  279A.140
Stats. Implemented: ORS
				  279A.140 & The Health
				  Insurance Portability and Accountability Act of 1996,
				  42 USC
				  1320 d -1320d-8,
				  PL
				  104-191,
				  sec.
				  262& sec.
				  264
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of rules 125-055-0100  through 125-055-0130  the
				following terms shall have the meanings set forth below. Capitalized terms not
				defined herein shall have the same meaning as those terms in the Privacy Rule
				and the Security Rule and the HITECH Act, including, but not limited to,  42 USC Section 17938  and  45 CFR Section 160.103.
(1) "Agency" means an agency of the State of
			 Oregon subject to the procurement authority of DAS pursuant to ORS
			 279A.140 and that is:
(a) A Covered Entity; or
(b) A Business Associate of an Agency that is
			 a Covered entity.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0120 - Order of Precedence

Current through Register Vol. 63, No. 7, July 1, 2024
In the event of a conflict between this Rule and the provisions
				of the Contract, this Rule shall control. In the event of a conflict between
				this Rule and the Privacy Rule or the Security Rule or the HITECH Act, or the
				provisions of the Contract and the Privacy Rule or the Security Rule or the
				HITECH Act, the Privacy Rule and the Security Rule and the HITECH Act shall
				control. The requirements set forth in this Rule are in addition to any other
				provisions of law applicable to the Contract. Provided, however, this Rule
				shall not supercede any other federal or state law or regulation governing the
				legal relationship of the parties, or the confidentiality of records or
				information, except to the extent that HIPAA and the HITECH Act preempt those
				laws or regulations. Any ambiguity in the Contract shall be resolved to permit
				Agency and Business Associate to implement and comply with HIPAA, the HITECH
				Act, the Privacy Rule and the Security Rule.
Stat. Auth.: ORS
				  184.305,
				  184.340 &
				  279A.140
Stats. Implemented: ORS
				  279A.140 & The Health
				  Insurance Portability and Accountability Act of 1996,
				  42 USC
				  1320 d -1320d-8,
				  PL
				  104-191,
				  sec.
				  262& sec.
				  264
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0125 - Methods of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to referencing compliance with this Rule in a
				Contract with a Business Associate, Agency may comply with this Rule in any of
				the following ways:
(1) Memorandum of
			 Understanding. If a Business Associate is a government entity, the parties may
			 comply with the requirements of this Rule by entering into a memorandum of
			 understanding that accomplishes the objectives of this Rule and meets the
			 Business Associate requirements of the Privacy Rule and the Security Rule.
(2) Amendment. Agency may comply
			 with the requirements of this Rule by executing an amendment or rider that
			 amends Agency's Contract and that contains the contract provisions required by
			 this Rule.
(3) Required by Law. If
			 a Business Associate is Required by Law to perform a function or activity on
			 behalf of an Agency or to provide a service described in the definition of
			 Business Associate to an Agency, such Agency may disclose Protected Health
			 Information to the Business Associate to the extent necessary to comply with
			 the legal mandate without meeting the requirements of this Rule, provided that
			 the Agency attempts in good faith to obtain satisfactory assurances required by
			 OAR 125-055-0115, and, if such attempt fails, documents the attempt and the
			 reasons that such assurances cannot be obtained.
Stat. Auth.: ORS
				  184.305,
				  184.340 &
				  279A.140
Stats. Implemented: ORS
				  279A.140 & The Health
				  Insurance Portability and Accountability Act of 1996,
				  42 USC
				  1320 d -1320d-8,
				  PL
				  104-191,
				  sec.
				  262& sec.
				  264
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 55 - STATE PURCHASING › Section 125-055-0130 - Standards in Individual Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agency and Business Associate may enter
			 into a Contract that contains more stringent standards than those set forth in
			 this Rule as long as such standards do not violate the requirements of the
			 Privacy Rule or the Security Rule or the HITECH Act.
(2) Agencies shall use one of the forms
			 provided or approved by the Department of Administrative Services when entering
			 into personal services contracts as defined in OAR 125-246-0110. For revised
			 forms up to a cumulative value of $150,000 and before an Agency may use a
			 revised form, it must obtain its Designated Procurement Officer's approval of
			 any revisions to the form's terms and conditions. For revised forms exceeding a
			 cumulative value of $150,000 and before an Agency may use a revised form, it
			 must obtain Department of Justice approval of any revisions to the revised
			 form's terms and conditions.
Stat. Auth.: ORS
				  184.305,
				  184.340 &
				  279A.140
Stats. Implemented: ORS
				  279A.140 & The Health
				  Insurance Portability and Accountability Act of 1996,
				  42 USC
				  1320 d -1320d-8,
				  PL
				  104-191,
				  sec.
				  262& sec.
				  264
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 60 - HOUSING AND RENTALS › Section 125-060-0000 - State Agency Housing Provided to State Officers or Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required by
			 ORS
			 182.415 to
			 182.425,
			 every state agency that provides housing for its officers or employees shall
			 collect a rental for such housing. An exception is allowed in cases where
			 employment contracts, signed prior to December 1, 1977, provide for free
			 housing, until such original contracts expire or the incumbent leaves the
			 position; or where express statutory authority exists which provides exemptions
			 from ORS
			 182.425.
(2) Definitions: As used in this rule, unless
			 the context requires otherwise:
(a)
			 "Furnishings" includes furniture usually used in connection with occupancy of a
			 household but does not include rugs, draperies, range, refrigerator, washer,
			 dryer or any item of furnishings received by the state or one of its agencies
			 as a gift, nor does it include any furniture purchased for the state-owned
			 residence required in relation to the official duties of an institutional
			 executive or the Chancellor of the Department of Higher Education prior to
			 September 9, 1971;
(b) "Housing"
			 includes single and multiple family dwellings, apartments, and mobile homes and
			 mobile home pads, available for tenancy on a monthly or other basis but does
			 not include guard stations maintained by the State Forestry Department or
			 dormitory facilities at any state institution or at any state institution of
			 higher education;
(c) "Dormitory"
			 includes any facility which houses students and those facilities used primarily
			 for sleeping purposes by the employees of the Mental Health Division;
(d) "State Agency" means every state officer,
			 board, commission, department, institution, branch or agency of the state
			 government, whose costs are paid wholly or in part from funds held in the State
			 Treasury, except the Legislative Assembly, the courts and their officers and
			 committees, and except the Secretary of State and the State Treasurer in the
			 performance of the duties of their constitutional offices;
(e) "Utilities and Services" include heat,
			 electricity, gas, oil, telephone, water, sewer, garbage, lawn care, laundry,
			 linens, bedding, and towels used for any state agency provided
			 housing.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 60 - HOUSING AND RENTALS › Section 125-060-0005 - Management of the Capitol Mall Housing Units

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 276.046 and
			 276.054,
			 authorizes the Department to purchase or acquire by agreement or donation, for
			 development as a part of the Capitol area, the land lying in the area of the
			 City of Salem bordered by Capitol and Winter Streets on the east and west and
			 by Court Street on the south to D Street on the north.
(2) The Department may operate housing units
			 acquired under section (1) of this rule as state office quarters, or as rental
			 properties for any appropriate private commercial use.
(3) For each Mall housing unit used as a
			 private commercial rental unit, the Department may:
(a) Set rental rates, security deposits and
			 fees at par with the prevailing comparable market rates, and apply such rate
			 schedule for the year with some adjustments allowed taking into consideration
			 the prevailing market conditions or the condition of repairs of the rental
			 unit;
(b) Enter into a written
			 rental agreement with tenants on a month-to-month tenancy basis or a longer
			 term lease, when appropriate;
(c)
			 Conduct periodical inspections to ensure the tenant performance of the
			 responsibilities under the rental agreement;
(d) At any time during the tenancy the
			 Department may order the tenant to repair or correct the conditions listed
			 below to be performed within a reasonable period of time specified, or in case
			 the tenant does not apply, the Department may undertake the repair or the
			 corrective action required, and charge the tenant for the costs. The conditions
			 for such action shall include, but not be limited to, any damage to the
			 premises above and beyond normal wear and tear, excessively unclean and unkept
			 conditions which present health or fire hazards requiring a major cleaning work
			 or a disposal of garbage and rubbish, any apparent pet damages, and any
			 seriously neglected maintenance of the lawn and landscape.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 70 - GIFTS AND DONATIONS › Section 125-070-0000 - Gifts and Donations for the Benefit of the Programs of the Real Property Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 authorized under ORS 276 .005(3), the Department may accept on behalf of the
			 State of Oregon any gifts, grants and donations from public and private sources
			 for the purposes set out in ORS 276 .005(1). Any prospective donor may contact
			 the Facilities Division Administrator or the Director of the Department to
			 consult or to propose making gifts, grants or donations of any value
			 stipulating conditions or limitations, if any. Such proposals may be addressed
			 to: Director, Department of Administrative Services, 155 Cottage Street N.E.,
			 Salem, OR 97310.
(2) Gifts, grants
			 and donations approved under section (1) of this rule will be received by the
			 Director or a designee. Funds will be deposited by the Department in
			 appropriate separate trust accounts to be used for the purposes for which the
			 gifts, grants or donations are made. When no specific designations are made by
			 the donor, the Department shall deposit such amounts in the Capital Projects
			 Account established under ORS 273 .004(2), subject to any limitations imposed
			 by the donor. When the Department determines that any stipulation or limitation
			 imposed by the donor will result in violation of any applicable law or is
			 contrary to any rules or policies of the state, the Department shall decline
			 acceptance of such donation or gift. All donations or gifts, except landscape
			 donations, must be approved by the Director before such an offer can be
			 accepted by the Department.
(3) All
			 proposed landscape donations are subject to review and approval by the
			 Administrator of the Facilities Division or the Administrator's designee.
			 Proposed donations may be incorporated into the landscape or the facilities
			 only if the following criteria are satisfied:
(a) Compatibility with the Department's
			 master plans or, in areas not covered by such plans, compatibility with
			 existing facilities;
(b)
			 Compatibility with the local conditions;
(c) Age and the anticipated general condition
			 of the donation;
(d) Anticipated
			 maintenance requirements.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 75 - USE OF BUILDINGS, PARKS AND GROUNDS UNDER DEPARTMENT CONTROL › Section 125-075-0000 - Restrictions on the Use of Capitol Mall Heliport

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Capitol Mall Heliport, located at the
			 open recessed area between the State Library Building and the Public Service
			 Building, is a non-public, restricted use facility registered with the State of
			 Oregon Aeronautics Division and the Federal Aviation Administration. No one may
			 use this Heliport without first receiving permission to use it from the
			 Department of Administrative Services. The use of this Heliport is restricted
			 and permission for use is given only for official state business or emergencies
			 in following instances:
(a) Official state
			 business use by the Governor, the President of the Senate, the Speaker of the
			 House or the Chief Justice of the Supreme Court;
(b) Emergencies (e.g., air ambulance,
			 catastrophes, etc.) to be so defined and approved by the Manager, Operations
			 & Maintenance Section, Facilities Division, Department of Administrative
			 Services.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 75 - USE OF BUILDINGS, PARKS AND GROUNDS UNDER DEPARTMENT CONTROL › Section 125-075-0005 - Use of the Capitol Mall Area Parks and Grounds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Capitol grounds including
			 Wilson Park, Capitol Park, and other parks and grounds in the Capitol area as
			 defined in ORS 276 .010, save and except that property used for residential
			 purposes located in the northern portion of the Capitol area, are open to the
			 public for use, subject to restrictions specified in this rule.
(2) The restrictions specified in the
City of Salem Code
			 94.010
, as adopted by
			 Salem City Council on October 25, 1955, are hereby adopted by the Department of
			 Administrative Services and, except for the modifications set forth in section
			 (5) of this rule, are made a part of this rule governing the use of the State
			 Capitol area parks and grounds.
(3)
			 Any request for information, applications for permits or reservations for a
			 park or a portion thereof for use should be sent to: Manager, Operations and
			 Maintenance Section, Facilities Division, Department of Administrative
			 Services, 1225 Ferry Street S.E., Salem, OR 97310.
(4) Any use of the Capitol area parks and
			 grounds for the following activities shall require use authorization by the
			 Department:
(a) Sales and solicitations, as
			 provided under the
City of Salem Code
			 94.100
;
(b) Public demonstration, as provided under
			 the
City of Salem Code
			 94.090
;
(c) Any organized or group activity, as
			 referenced in the
City of Salem Code 94.200
.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 75 - USE OF BUILDINGS, PARKS AND GROUNDS UNDER DEPARTMENT CONTROL › Section 125-075-0010 - Public Use of Meeting Rooms in State Buildings Under the Department of Administrative Services' Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS 276 .440 and other
			 related provisions of ORS Chapter 276, the Department may permit and schedule
			 the occasional use of certain meeting rooms in the Department-controlled state
			 office buildings by the public on space available basis, subject to
			 restrictions and payment of fees where applicable under this rule. Any
			 interested person or organization may call or write to the Department for
			 information on available meeting rooms or to make reservations. The address and
			 the phone number are as follows: Meeting Room Reservations, Operations &
			 Maintenance Section, Facilities Division, Department of Administrative
			 Services, 1225 Ferry Street S.E., Salem, OR 97310 -- Phone: 378-2865.
(2)
(a) The
			 Department shall refuse to permit the use of such meeting rooms when it
			 determines that doing so is contrary to any applicable law or policies of the
			 state, or disrupt the operations of the building or the working of the state
			 government;
(b) The use of the
			 meeting rooms shall not be permitted under this rule for the following types of
			 activities:
(A) Activities which generally
			 produce excessive noise, such as music performances with high
			 amplification;
(B) Activities which
			 will tend to create traffic congestions in the Capitol Mall area in
			 Salem;
(C) Activities considered by
			 the Department as likely to endanger public safety or property;
(D) Activities at which alcoholic beverages
			 are served or used.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 75 - USE OF BUILDINGS, PARKS AND GROUNDS UNDER DEPARTMENT CONTROL › Section 125-075-0015 - Possession or Use of Firearms, Alcoholic Beverages and Illegal Substances on the Grounds, Parking Areas (Structures, Facilities, Lots) and Premises of Buildings Under Department Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Possession or use of firearms or other weapons of any kind, including any
			 explosives, air guns, or slingshots on the grounds, parking areas (structures,
			 facilities, lots) and premises of buildings under Department control is
			 governed by federal and state laws.
(b) The provisions of this section do not
			 apply to firearms in the possession of or stored for official public business
			 authorized by statute for peace officers or for members of any state or
			 national military organization.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 80 - SALES OR SOLICITATION › Section 125-080-0000 - Vending Facilities in State Buildings or Grounds Under the Department of Administrative Services' Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person, firm or state agency may place
			 any vending facility in any Department of Administrative Services controlled
			 state office buildings and grounds without specific authorization from the
			 Department. Any inquiry concerning placement of such vending facility should be
			 directed to: Manager, Operations & Maintenance Section, Facilities
			 Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem,
			 OR 97310 -- Phone 378-2865.
(2) For
			 the purpose of this rule, the term:
(a)
			 "Department of Administrative Services controlled state office buildings and
			 grounds" means any state office buildings and grounds owned or managed by the
			 Department of Administrative Services, including all such properties specified
			 under ORS 276 .004(1) and all Department leased office facilities operated by
			 the Department;
(b) "Vending
			 facility" means any facility used for vending merchandise such as any shelter,
			 counter, shelving, mobile cart food vendor, display case and wall case approved
			 by the Department, including any such refrigerating apparatus and other
			 appropriate auxiliary equipment as are necessary or customarily used for
			 vending merchandise; any manual or coin-operated vending machine or similar
			 device for vending merchandise; and any cafeteria or snack bar for dispensing
			 of food and beverages;
(c)
			 "Commission for the Blind" means the state agency established under ORS
			 346.130 to
			 346.140.