reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 45 - PRIVATE CAREER SCHOOLS › Section 715-045-0190 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Amendments to OAR 715-045-0001  through 715-045-0210  must be implemented by the
			 schools within 90 days after the effective date of the amendments. Failure to
			 implement rule changes within 90 days shall subject a school to civil
			 penalties.
(2) The commission may
			 assess a civil penalty of $500 per violation of ORS
			 345.010 to
			 345.450, or any administrative
			 rules adopted pursuant to
			 345.010 to
			 345.450.Beforeimposing a civil penalty under this subsection, the commission
			 shall consider the factors established in
			 345.995.
(3) Each act in violation of ORS
			 345.010 to
			 345.450, or any administrative
			 rules adopted pursuant to
			 345.010 to
			 345.450 shall constitute a
			 separate violation. The imposition of penalties under this section shall be in
			 addition to, and does not preclude the imposition of, any other penalties for
			 the same act or conduct pursuant to any other provision of law.
(4) Failure to pay civil penalties within 30
			 days of the service of a final order imposing penalties, unless stayed pending
			 appeal by subsequent order of the Executive Director or a court of competent
			 jurisdiction, may result in revocation of license to operate a school.
(5) The commission may retain
			 reasonable costs related to the investigation and assessment of a civil penalty
			 from civil penalties imposed under ORS
			 345.995 and this section. In
			 support of its decision to retain civil penalties, the commission shall provide
			 an accounting of the costs incurred during its investigation and the assessment
			 of civil penalties, including but not limited to staff time, mailing costs, and
			 attorney fees.
Stat. Auth.: ORS
				  345.992 &
				  345.995
Stats. Implemented: ORS
				  345.995
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 45 - PRIVATE CAREER SCHOOLS › Section 715-045-0200 - Barbering, Hair Design, Esthetics, and Nail Technology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, a "practical
			 operation" is the demonstration and application of a relevant skill or group of
			 skills necessary for work in barbering, hair design, esthetics, or nail
			 technology. For the purposes of this rule, the 'model curriculum' is a
			 curriculum established and maintained by the Higher Education Coordinating
			 Commission which details mandatory curricular requirements, including, but not
			 limited to practical operations requirements, safety and sanitation
			 requirements, and career development requirements established in this rule. The
			 model curriculum is available for review by all schools.
(2) No earlier than May 1, 2019 and no later
			 than July 1, 2019, continuing to be in effect thereafter, schools must offer
			 programs that meet the following minimum training requirements, in accordance
			 with the model curriculum:
(a) For hair
			 design, 1110 hours and 455 practical operations.
(b) For barbering, 746 hours and 465
			 practical operations.
(c) For
			 esthetics, 444 hours and 220 practical operations.
(d) For nail technology, 241 hours and 70
			 practical operations.
(e) Safety
			 and sanitation shall be incorporated in each practical experience for the
			 fields of practice identified in subsections (1) (a) through (d), in accordance
			 with the model curriculum.
(f)
			 Schools, at their discretion, may add additional hours to any program listed
			 above. There is no minimum or maximum number of hours that a school may add to
			 the hours required in subsections (1) (a) through (d). If hours are added to
			 the minimum required, those hours become part of the schools completion
			 requirements.
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 45 - PRIVATE CAREER SCHOOLS › Section 715-045-0210 - Safety and Sanitation Compliances and Inspections for Schools of Hair Design, Barbering, Esthetics and Nail Technology Only

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Students, teachers and school owners
			 shall observe and be subject to all state, county and municipal laws and
			 regulations pertaining to public health. Compliance with state and municipal
			 fire regulations is required.
(2)
			 Sanitation and safety rules set forth in OAR chapter 817 shall be available in
			 the school.
(3) The current
			 sanitation inspection report required by this section shall be conspicuously
			 displayed in the school.
(4)
			 Sanitation and safety inspections of schools regulated by this rule shall be
			 conducted periodically by agents of the Oregon Health Licensing Agency. Such
			 inspections shall be for the purpose of determining whether schools are in
			 compliance with the standards set forth in OAR chapter 817, divisions 5, 10,
			 and 60 as they relate to the schools.
(5) A school is considered to be open and
			 subject to inspection when the school is serving the public.
(6) The inspecting agent shall submit to the
			 Higher Education Coordinating Commission a written report of sanitation and
			 safety conditions observed in each school inspected. Any violation of standards
			 existing in a school at the conclusion of an inspection shall be specifically
			 noted in the inspection report.
(7) Failure of a school to correct a
			 condition of violation within the time allotted for compliance as determined by
			 the commission's executive director shall be subject to penalties as set forth
			 in OAR 715-045-0190.
Stat. Auth.: ORS
				  345.440 &
				  345.450
Stats. Implemented: ORS
				  345.440
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 100 - OREGON YOUTH CORPS › Section 715-100-0004 - Community Stewardship Corps Vouchers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following definitions apply to terms
			 used in this rule:
(a) Program - Recipient of
			 an Oregon Youth Corps Community Stewardship Corps Grant.
(b) Participants- Youth who participate in an
			 Oregon Youth Community Stewardship Corps experience offered by a
			 program.
(c) Successful Completion
			 - Completion of a program in a manner that qualifies a participant for a
			 support voucher. The criterion for successful completion is defined by each
			 program.
(d) Support Voucher -
			 Funds a program sets aside to support and enhance an individual participant's
			 access to employment or education training, services, and
			 resources
.
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 101 - OREGON CONSERVATION CORPS › Section 715-101-0005 - Eligible Organization

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible to receive a grant through the Oregon
				Conservation Corps Program, an organization must:
(1) Have its principal place of business in
			 Oregon or be otherwise registered to do business in Oregon; and
(2) Be a nonprofit youth development
			 organization or public entity that provides programs of job training, skill
			 development and forest-related or rangeland-related career path
			 training.
Statutory/Other Authority: 2021 Oregon Laws, Chapter
				  592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter
				  592
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 101 - OREGON CONSERVATION CORPS › Section 715-101-0010 - Use of Equity Lens

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Conservation Corps Advisory Committee shall use the
				Equity Lens adopted by the Higher Education Coordinating Commission in awarding
				Oregon Conservation Corps Program grants to eligible organizations.
Statutory/Other Authority: 2021 Oregon Laws, Chapter
				  592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter
				  592
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 101 - OREGON CONSERVATION CORPS › Section 715-101-0015 - Participant Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any contrary provision of law, participants in
				projects undertaken by the Oregon Conservation Corps or Oregon Conservation
				Corps program grantees must receive compensation as follows:
(1) At least Oregon minimum wage by region
			 according to the current rules regarding Oregon minimum wage established by the
			 Bureau of Labor & Industries; or
(2) If a grantee is prohibited by state or
			 federal law from the payment of wages, such as an AmeriCorps program, the
			 following formula is to be followed: an allowance or stipend, or a combination
			 of an allowance or stipend and postsecondary education and training monetary
			 award, such that the total monetary value of the allowance or stipend and the
			 total monetary value of any other postsecondary education monetary award or
			 institutional credit hour award received by the participant or on behalf of the
			 participant, when totaled and divided by the total hours served in the program,
			 is equal to or exceeds the monetary value of minimum wage as described in
			 section 1 of this rule.
Statutory/Other Authority: 2021 Oregon Laws, Chapter
				  592
Statutes/Other Implemented: 2021 Oregon Laws, Chapter
				  592
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 102 - Oregon Youth Employment Program › Section 715-102-0005 - Equity Requirements for Grant Recipients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to receive a grant through the
			 Oregon Youth Employment Program, local workforce development boards shall:
(a) Demonstrate through the submission of a
			 community engagement plan a commitment to serving underrepresented populations,
			 including:
(A) Communities of color;
(B) Rural communities;
(C) Communities that have faced generational
			 poverty; or
(D) Other communities
			 that have been historically underrepresented in youth employment provided the
			 applicant provides information documenting such underrepresentation;
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 102 - Oregon Youth Employment Program › Section 715-102-0010 - Technical Assistance for Grant Recipients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission shall develop and make
			 available to grant recipients informational documents specific to the Oregon
			 Youth Employment Program in English, Spanish, and other languages requested by
			 grant recipients, other program providers, or at the discretion of Commission
			 staff.
(2) The Commission shall
			 provide training to grant recipients and other program providers on an annual
			 basis, and:
(a) The training shall incorporate
			 topics identified by Commission staff, in consultation with grant recipients,
			 other program providers, and relevant experts.
(b) Grant recipients and program providers
			 shall be required to attend the annual training identified in section (2) of
			 this rule unless formally excused in writing by Commission staff.
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 102 - Oregon Youth Employment Program › Section 715-102-0015 - Participant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Youth Employment Program participants shall be residents
				of the state of Oregon between 14 and 24 years of age.
Statutory/Other Authority: ORS
				  660.353
Statutes/Other Implemented: ORS
				  660.353
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 102 - Oregon Youth Employment Program › Section 715-102-0020 - Participant Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any contrary provision of law, participants in
				the Oregon Youth Employment Program must receive compensation as
				follows:
(1) At least Oregon minimum
			 wage by region according to the current rules established by the Bureau of
			 Labor & Industries; or
(2) If a
			 grantee is prohibited by state or federal law from the payment of wages, such
			 as an AmeriCorps program, an allowance or stipend, or a combination of an
			 allowance or stipend and postsecondary education and training monetary award,
			 such that the total monetary value of the allowance or stipend and the total
			 monetary value of any other postsecondary education monetary award or
			 institutional credit hour award received by the participant or on behalf of the
			 participant, when totaled and divided by the total hours served in the program,
			 is equal to or exceeds the monetary value of minimum wage as described in
			 section (1) of this rule.
Statutory/Other Authority: ORS
				  660.353
Statutes/Other Implemented: ORS
				  660.353
Oregon Administrative Rules › Chapter 715 - HIGHER EDUCATION COORDINATING COMMISSION › Division 102 - Oregon Youth Employment Program › Section 715-102-0025 - Allocation of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 total amount of funds allocated from the Oregon Youth Employment Fund each
			 biennium for grants under the Oregon Youth Corps and Oregon Youth Employment
			 Program shall be distributed as follows:
(a)
			 Thirty percent (30%) shall be allocated to the Oregon Youth Corps (described in
			 ORS
			 418.653).
(b) Thirty-five percent (35%) shall be
			 allocated to local workforce development boards through formula grants
			 according to the formula established the Workforce Innovation and Opportunity
			 Act Youth Programs.
(c) Thirty-five
			 percent (35%) shall be awarded to local workforce development boards through
			 competitive grants to promote equity and innovation.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0000 - Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				183.341, to provide a reasonable
				opportunity for interested persons to be notified of proposed actions, prior to
				the adoption, amendment or repeal of a permanent rule, the Oregon Department of
				Transportation shall give notice of the proposed adoption, amendment or repeal:
(1) In the Secretary of State's
			 Bulletin referred to in ORS
			 183.360 and in accordance with
			 ORS 183.335.
(2) By electronically mailing or mailing
			 notice to persons on the Oregon Department of Transportation mailing lists for
			 specific interest areas established pursuant to ORS
			 183.335(8).
(3) By electronically mailing
			 notice to legislators as provided in ORS
			 183.335(15).
Stat. Auth.: ORS
				  183.341,
				  184.616,
				  184.619
Stats. Implemented: ORS
				  183.335,
				  183.341
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 183.341, the Oregon
			 Transportation Commission adopts the following portions of Oregon
			 Administrative Rules chapter 137, effective January 31, 2012 as the general
			 administrative procedural rules for the Oregon Transportation Commission and
			 the Oregon Department of Transportation: division 1, division 2, division 3,
			 division 4 and division 5, excluding OAR 137-003-0001  through 137-003-0092, and
			 137-003-0566(1)(e)  as described in section (2) of this rule.
(2) Written interrogatories described under
			 OAR 737-003-0566(1)(e) do not apply to contested cases for: Motor Carrier
			 Transportation Division; Driver and Motor Vehicle Services Division; and
			 Highway Division for Access Management and Right-of-Way Relocation
			 Benefits.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  Department of Transportation.
Stat. Auth.: ORS
				  183.341,
				  184.616 &
				  184.619
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0007 - Definitions Which Apply to OAR 731-001-0009

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of 731-001-0009, the following definitions
				apply:
(1) "Appointee" means a person
			 who has been appointed to the commission by the Governor and has not yet been
			 confirmed by a vote of the Senate pursuant to Oregon Constitution, Article III,
			 Section 4.
(2) "Commission" means
			 the Oregon Transportation Commission established under ORS
			 184.612.
(3) "Commissioner" means a person who has
			 been appointed to the commission by the Governor and confirmed by the Senate
			 pursuant to Oregon Constitution, Article III, Section 4.
(4) "Conflict" means an actual conflict of
			 interest as defined in ORS
			 244.020(1)
			 or any action, decision, or recommendation by a commissioner acting in their
			 official capacity on a matter under consideration by the commission the effect
			 of which would be to the benefit or detriment of a beneficiary to whom the
			 commissioner owes a legally imposed duty to act in the best interests of and to
			 whom the commissioner owes the highest degree of loyalty.
(5) "Direct or Indirect Financial Interest"
			 as used in ORS
			 184.612 means an identifiable, personal pecuniary interest of an appointee that is
			 directly or conditionally affected by the commission's performance of its
			 duties. It does not include a hypothetical, remote, or attenuated connection to
			 commission projects, contracts, or funding.
(a) "Direct Financial Interest" is an
			 identifiable, personal pecuniary interest of an appointee that would
			 necessarily and inevitably be affected by action on a matter under
			 consideration by the commission at the time of the appointment by the
			 Governor.
(b) "Indirect Financial
			 Interest" is an identifiable, personal pecuniary interest of an appointee that
			 would be conditionally affected by an action on a matter under consideration by
			 the commission at the time of the appointment by the Governor, subject to the
			 occurrence of a reasonably likely and foreseeable intervening event.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0009 - Administrative Rules to Implement ORS 184.612(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No appointee may have a direct or
			 indirect financial or fiduciary interest at the time of appointmentbythe
			 Governor. A direct or indirect fiduciary interest may be eliminated prior to
			 the Governor's appointment by the potential appointee resigning the fiduciary
			 role which creates the direct or indirect fiduciary interest, by modifying the
			 scope of the fiduciary role so that it no longer creates a direct or indirect
			 fiduciary interest, or by other action by the appointee.
(2) When a commissioner is met with a
			 conflict, the commissioner shall declare the conflict on the record at a public
			 meeting of the commission and abstain from participating in the commission's
			 deliberations or voting on the matter giving rise to the conflict.
(3) A commissioner is not required to
			 announce a conflict more than once on the occasion giving rise to the
			 conflict.
(4) The commission may
			 divide an agenda item into separate matters in order to enable a commissioner
			 with a declared conflict to deliberate and vote on those matters for which the
			 commissioner does not have a conflict.
(5) Commission public meeting minutes must
			 record all declarations of conflict made by members of the
			 commission.
(6) The obligations
			 imposed by this rule are in addition to, not in lieu of, obligations that apply
			 to commissioners under the Oregon Government Ethics Law, ORS
			 244.010 to
			 244.400.
Statutory/Other Authority: ORS
				  184.612(3)
				  & 184.619
Statutes/Other Implemented: ORS
				  184.612(3)
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0025 - Public Records Request Requirements and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Transportation
			 will disclose all information in its custody unless such information is exempt
			 from disclosure under Chapter 192 of the Oregon Revised Statutes.
(2) As used in this rule, the term "public
			 record" is defined in ORS
			 192.410(5).
(3) Persons requesting public records from
			 the Department shall make the request in writing using the Department's request
			 form found online at
http://www.oregon.gov/ODOT/Get-Involved/Pages/Public-Records.aspx
and shall submit the request using the email link embedded in the form
			 (ODOTPublicRecordRequests@odot.state.or.us) or deliver to PRR Coordinator MS
			 51, 355 Capitol Street NE, Salem OR 97301. At a minimum the request must:
(a) Include name and address of the person
			 requesting the public record;
(b)
			 Include the requester's email address and telephone number; and
(c) Adequately describe the record(s)
			 requested, including subject matter.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0720 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 36.224, the Department of Transportation adopts
				by reference OAR 137-005-0052, as adopted by the Attorney General of the State
				of Oregon, effective October 3, 2023.
Statutory/Other Authority: ORS 36.224 & 184.619
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 &
				  36.232
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 1 - PROCEDURAL RULES › Section 731-001-0730 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials. This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190(OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 3 - INTERAGENCY SERVICES › Section 731-003-0005 - Provision of Business Services to Department of Aviation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon Laws 2011, chapter 630, requires
			 the Department of Transportation to provide the following services to the
			 Department of Aviation, and requires the Department of Aviation to abide by all
			 rules adopted by the Department of Transportation related to the following
			 services:
(a) Budget preparation
			 services;
(b) Daily processing for
			 accounts payable, accounts receivable, payroll, receipts and
			 disbursements;
(c) Records and
			 inventory maintenance accounting services;
(d) Financial management reports and revenue
			 and expenditure projections;
(e)
			 Purchasing, leasing and contracting services;
(f) Internal audit services;
(g) Computer and information system services;
			 and
(h) Human resource
			 services.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050 &
				  279A.065
Stats. Implemented: ORS
				  279C.300 & Sec. 334 &
				  336, Ch. 794, OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0410

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS
				  279A.005 & Sec.
				  335 & 337, Ch. 794 & OL 2003
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0420 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 731-005-0410  through 731-005-0770  apply to Highway Construction Contracts, unless an exemption to use an
			 Alternative Contracting Delivery and Selection Method has been granted in
			 accordance with 279C.335. Highway Construction Contracts delivered through an
			 Alternative Contracting Delivery and Selection Method are subject to (2)
			 below.
(2) Alternative Contracting
			 Delivery and Selection Methods: OAR 137-049-0610  through 137-049-0690  related
			 to Alternative Contracting Methods for Public Improvement Contracts are adopted
			 to apply to Highway Construction Contracts subject to an Alternative
			 Contracting Delivery and Selection Method exemption. Per ORS 279C.337,
			 construction manager/general contractor services shall be procured in
			 accordance with the model rules the Attorney General adopts under ORS 279A.065 (3) as may be updated from time to time (see OAR 137-049-0690  et al);
			 therefore, OAR 137-049-0610  through 137-049-0690  applicable to procurements of
			 construction manager/general contractor services adopted pursuant to ORS
			 279A.065(3) and ORS 279C.337(1), are directly applicable to the Oregon
			 Department of Transportation and are not separately adopted herein.
(3) All other ODOT Public Improvement
			 Contracts not included in (1) or (2) above are governed by OAR chapter 731,
			 division 149, and are exempt from these OAR chapter 731, division 5 and
			 division 7 rules.
(4) The Oregon
			 Department of Transportation adopts DOJ Model Rule 137-049-0360  First-Tier
			 Subcontractors; Disclosure and Substitution.
Statutory/Other Authority: ORS 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS 279A &
				  279C
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0430 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Addendum or Addenda: An addition or
			 deletion to, a material change in, or general interest explanation of the
			 Solicitation Document. Addenda shall be labeled as such and distributed to all
			 interested entities in accordance with these rules.
(2) Alternative Contracting Delivery and
			 Selection Method: A delivery method other than the conventional method of
			 design-bid-build, such as variations of Design/Build, CM/GC, ID/IQ and similar
			 and forms of contracting. The use of an Alternative Contracting Method is an
			 exception to ORS 279C.300 and is subject to the exemption process as set forth
			 in ORS 279C.335 and OAR 137-049-0620  and related rules.
(3) Bid: A competitive Offer, binding on the
			 Bidder and submitted in response to an Invitation to Bid (ITB):
(a) Lump Sum Bid: A Bid that is the total
			 completed project price;
(b) Unit
			 Price Bid: A Bid that provides unit prices based upon estimated
			 quantities.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0440 - Competitive Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
			 In accordance with ORS 279C.300, ODOT shall procure its Public Improvements by
			 an ITB except as otherwise allowed or required in ORS 279A.025, 279A.100,
			 279A.105, 279A.120(2), 279A.125, 279C.335, or 282.210. It is the policy of the
			 State of Oregon to encourage open and impartial competition in public
			 contracting. ODOT must make every effort to construct Public Improvements at
			 the least cost to ODOT.
(2)
			 Exempted Selection Method. ORS Chapter 279C requires a competitive bidding
			 process for Highway Construction Contracts unless a statutory exception
			 applies, a class of Contracts has been exempted or an individual Contract has
			 been exempted in accordance with ORS 279C.335 and any applicable DAS rules. If
			 Agency has received an Exemption from competitive bidding in accordance with
			 ORS 279C.335, Agency shall procure that Public Improvement in accordance with
			 the approved Exempted Selection Method as set forth in the Exemption Order and
			 its Findings in lieu of the requirements set forth in OAR 731-005-0650  OAR
			 731-005-0659. The Exempted Selection Method requirements set forth in this
			 Division 5 is not applicable to selection and delivery of Alternative
			 Contracting projects, which is governed by 731-005-0420(2).
(a) OAR Chapter 731, Division 7
			 Prequalification requirements and any associated OAR Chapter 731, Division 5
			 rules implementing Prequalification requirements do not apply to projects
			 procured pursuant to an Exempted Selection Method.
(b) Post-Project Evaluation. In accordance
			 with ORS 279C355, ODOT shall complete the required post-project evaluation of
			 public improvement projects not contracted by competitive bidding.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0450

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430 &
				  279C.435
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0460 - Eligibility to Bid on Construction or Landscape Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Construction Contracts. ODOT shall not
			 consider an Entity's Offer to do Work as a Contractor, as defined in ORS
			 701.005(2), unless the Entity has a current, valid certificate of registration
			 issued by the Construction Contractors Board. Registration is not a requirement
			 of bidding on federal funded projects.
(2) Landscape Contracts. ODOT shall not
			 consider an Entity's Offer to do Work as a landscape Contractor as defined in
			 ORS 671.520(2), unless the Entity has a current, valid landscape Contractor's
			 license issued pursuant to ORS 671.560 by the State Landscape Contractors
			 Board. Registration is not a requirement of bidding on federal funded
			 projects.
(3) Noncomplying
			 Entities. ODOT shall deem an Offer received from an Entity that fails to comply
			 with this rule nonresponsive and shall reject the Offer, unless contrary to
			 federal law.
Statutory/Other Authority: ORS 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS 279C.365, 671.530 &
				  701.055
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0470 - Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
The Solicitation Documents shall include the following:
(1) General Information:
(a) Notice of any pre-Bid conference as
			 follows:
(A) The time, date and location of
			 any pre-Bid conference;
(B) Whether
			 attendance at the conference will be mandatory or voluntary; and
(C) That statements made by ODOT's
			 representatives at the conference are not binding upon ODOT unless confirmed by
			 Written Addendum.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0480 - Brand Name Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. ODOT's Solicitation Document shall not expressly or implicitly
			 require any product by brand name or mark, nor shall it require the product of
			 any particular manufacturer or seller, except pursuant to an exemption granted
			 under ORS 279C.345.
(2) Equivalents. ODOT may identify products
			 by brand names as long as the following language: "approved equal," "or equal,"
			 "approved equivalent," "or equivalent" or similar language is included in the
			 Solicitation Document. ODOT shall determine, at its sole discretion, whether an
			 Offeror's alternate product is "equal" or "equivalent."
Statutory/Other Authority: ORS
				  184.619,
				  279A.050 & 279A.065
Statutes/Other Implemented: ORS
				  279C.345
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0490 - Bids Are Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Offer and
			 Acceptance. The Bid is the Bidder's Offer to enter into a Contract. The Offer
			 is a "Firm Offer," i.e., the Offer shall be held open by the Offeror for ODOT's
			 acceptance for the period specified in OAR 731-005-0630. ODOT's award of the
			 Contract constitutes acceptance of the Offer and binds the Offeror to the
			 Contract.
(2) Responsive Offer.
			 ODOT may award a Contract only to a Responsible Offeror with a Responsive
			 Offer.
(3) Contingent Offers.
			 Except to the extent the Offeror is authorized to propose certain terms and
			 conditions pursuant to OAR 731-005-0470  and 731-005-0650, an Offeror shall not
			 make its Offer contingent upon ODOT's acceptance of any terms or conditions
			 (including Specifications) other than those contained in the Solicitation
			 Document.
(4) Offeror's
			 Acknowledgement. By signing and returning the Offer, the Offeror acknowledges
			 it has read and understands the terms and conditions contained in the
			 Solicitation Document and that it accepts and agrees to be bound by the terms
			 and conditions of the Solicitation Document.
Statutory/Other Authority: ORS 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS 279C.375, 279C.395 &
				  279C.440
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0500

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050 &
				  279A.065
Stats. Implemented: ORS
				  279C.365
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0505 - Electronic Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
			 ODOT may use Electronic Advertisement of Highway Construction Contracts in
			 accordance with ORS 279C.360, provided that advertisements of such Contracts
			 with an estimated Contract Price in excess of $125,000 are also published in a
			 trade newspaper of general statewide circulation. ODOT may post notices of
			 intent to award electronically as provided by ORS 279C.410.
(2) Alternative Procedures. In the event that
			 ODOT desires to direct or permit the submission and receipt of Offers for a
			 Public Improvement Contract by electronic means, as allowed under ORS 279C.365,
			 it shall first promulgate supporting procedures substantially in conformance
			 with OAR chapter 731 division 5, taking into account ORS Chapter 279C
			 requirements for Written Bids, opening Bids publicly, Bid security, first-tier
			 subcontractor disclosure and inclusion of prevailing wage rates.
(3) Interpretation. Nothing in this rule
			 shall be construed as prohibiting ODOT from making procurement documents for
			 Highway Construction Contracts available in electronic format as well as in
			 hard copy when Bids are to be submitted only in hard copy.
(4) Electronic Procurement Authorized:
(a) ODOT may conduct all phases of a
			 Procurement, including without limitation the posting of Electronic
			 Advertisements and the receipt of Electronic Offers, by electronic methods if
			 and to the extent ODOT specifies in a Solicitation Document, or any other
			 Written instructions on how to participate in the Procurement;
(b) ODOT shall open an Electronic Offer in
			 accordance with electronic security measures in effect at ODOT at the time of
			 its receipt of the Electronic Offer. Unless ODOT provides procedures for the
			 secure receipt of Electronic Offers, the Person submitting the Electronic Offer
			 assumes the risk of premature disclosure due to submission in unsealed
			 form;
(c) ODOT's use of electronic
			 or digital Signatures shall be consistent with applicable statutes and rules.
			 ODOT may limit the use of electronic methods of conducting a procurement as
			 advantageous to the contracting agency;
(d) If ODOT determines that Bid security is
			 or will be required, ODOT shall not authorize Electronic Offers unless it has
			 established methods for receipt of such security.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0510 - Use of Electronic Data Interchange

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Agency Authorization. ODOT may authorize Offerors to submit EDI Offers. If ODOT
			 determines that Bid security is or will be required, ODOT should not authorize
			 EDI Offers unless ODOT has a method for receipt of such security. Prior to
			 authorizing EDI Offers, ODOT must:
(a)
			 Establish administrative procedures and controls for receiving, identifying,
			 recording, and safeguarding EDI Offers, to ensure timely delivery of the Offers
			 to the Opening location and to preserve the sealed requirement of competitive
			 procurement;
(b) Determine whether
			 ODOT's procedures, controls, equipment and personnel are capable of receiving
			 the size and volume of anticipated EDI Offers within a short period of time;
			 and
(c) Make available to
			 interested vendors an EDI trading partner or operating agreement.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0520 - Notice and Advertising Requirements; Posting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notice. ODOT shall furnish notice as set forth in subsections (a) through (c)
			 of this section, to a number of Persons sufficient for the purpose of fostering
			 and promoting competition. The notice shall indicate where, when, how, and for
			 how long the Solicitation Document may be obtained and generally describe the
			 Work. The notice may contain any other appropriate information. ODOT may
			 furnish notice using any method determined to foster and promote competition,
			 including:
(a) Mailing notice of the
			 availability of Solicitation documents to Persons that have expressed an
			 interest in ODOT's procurements;
(b) Placing notice on ODOT's Electronic
			 Procurement System; or
(c) Placing
			 notice on ODOT's internet website.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0530 - Offer Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Instructions. An Offeror shall submit and Sign its Offer in accordance with the
			 Solicitation Document. An Offeror shall initial and submit any correction or
			 erasure to its Offer prior to the Opening in accordance with the requirements
			 for submitting an Offer under the Solicitation Document.
(2) Forms. An Offeror shall submit its Offer
			 on the form(s) provided in the Solicitation Document, unless an Offeror is
			 otherwise instructed in the Solicitation Document.
(3) Documents. An Offeror shall provide ODOT
			 with all documents and Descriptive Literature required under the Solicitation
			 Document.
(4) EDI or Electronic
			 Submissions. If the Solicitation Document permitted EDI or Electronic Offers
			 under OAR 731-005-0470(3)(a)(D), an Offeror may submit its Offer by EDI or
			 Electronic submissions. ODOT shall not consider EDI or Electronic Offers unless
			 authorized by the Solicitation Document.
Statutory/Other Authority: ORS 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS
				  279C.365
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0540 - Offeror Submissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Product
			 Samples and Descriptive Literature. ODOT may require Product Samples or
			 Descriptive Literature if it is necessary or desirable to evaluate the quality,
			 features or characteristics of the offered items. ODOT will dispose of Product
			 Samples, or return or make available for return Product Samples to the Offeror
			 in accordance with the Solicitation Document.
(2) Identification of Offers:
(a) To ensure proper identification and
			 handling, Offers shall be submitted in a sealed envelope appropriately marked.
			 If ODOT permits Electronic Offers in the Solicitation Document, the Offeror may
			 submit and identify Electronic Offers in accordance with the Solicitation
			 Document;
(b) ODOT is not
			 responsible for Offers submitted in any manner, format or to any delivery point
			 other than as required in the Solicitation Document.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0550 - Bid Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Security
			 Amount. If ODOT requires Bid security, it shall be 10% of the Offeror's Bid.
			 ODOT shall not use Bid security to discourage competition. ODOT shall clearly
			 state any Bid security requirements in its Solicitation Document. The Offeror
			 shall forfeit Bid security after Award if the Offeror fails to execute the
			 Contract and promptly return it with any required performance bond, payment
			 bond and any required proof of insurance. See ORS 279C.365(5) and
			 279C.385.
(2) Requirement for Bid
			 Security. Unless ODOT has otherwise exempted a solicitation or class of
			 solicitations from Bid security pursuant to ORS 279C.390, ODOT shall require
			 Bid security for its solicitation of Bids for Public Improvements. This
			 requirement applies only to Highway Construction Contracts with a value,
			 estimated by ODOT, of more than $50,000. See ORS 279C.365(6). ODOT may require
			 Bid security even if it has exempted a class of solicitations from Bid
			 security.
(3) Form of Bid Security.
			 ODOT may accept only the following forms of Bid Security:
(a) A surety bond from a surety company
			 authorized to do business in the State of Oregon. If a surety bond is
			 submitted, ODOT's standard Bid bond form must be used, which is included with
			 the Bid booklet. The original bond must be submitted with the surety company's
			 seal affixed, or in the case of an Electronic Offer, an electronic version of
			 the bid bond may be submitted.
(b)
			 An irrevocable letter of credit issued by an insured institution as defined in
			 ORS 706.008; or
(c) A cashier's
			 check or Offeror's certified check made out to the Oregon Department of
			 Transportation.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0560 - Pre-Bid Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
			 ODOT may hold pre-Bid conferences with prospective Offerors prior to Closing,
			 to explain the procurement requirements, obtain information, or to conduct site
			 inspections.
(2) Required
			 Attendance. ODOT may require attendance at the pre-Bid conference as a
			 condition for making an Offer.
(3)
			 Scheduled Time. If ODOT holds a pre-Bid conference, it shall be held within a
			 reasonable time after the Solicitation Document has been issued, but
			 sufficiently before the Closing to allow Offerors to consider information
			 provided at that conference.
(4)
			 Statements Not Binding. Statements made by ODOT's representative at the pre-Bid
			 conference do not change the Solicitation Document unless ODOT confirms such
			 statements with a Written Addendum to the Solicitation Document.
(5) Agency Announcement. ODOT must set forth
			 notice of any pre-Bid conference in the Solicitation Document in accordance
			 with OAR 731-005-0470(3)(a)(A).
Statutory/Other Authority: ORS 184.619, 279A.050 &
				  279A.065
Statutes/Other Implemented: ORS
				  279C.365
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 5 - PUBLIC CONTRACT RULES; HIGHWAY AND BRIDGE PROJECTS › Section 731-005-0570 - Solicitation Protest; Request for Change; Request for Clarification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Protest.
(a) Delivery. An Offeror may protest
			 Specifications or Contract terms and conditions. Unless otherwise specified in
			 the Solicitation Document, an Offeror must deliver a Written protest to ODOT
			 not less than 10 Days prior to Closing.
(b) Content of Protest.
(A) An Offeror's Written protest shall
			 include:
(i) A detailed statement of the legal
			 and factual grounds for the protest;
(ii) A description of the resulting prejudice
			 to the Offeror; and
(iii) A
			 statement of the desired changes to the Contract terms and conditions,
			 including Specifications.
(B) An Offeror shall mark its protest as
			 follows:
(i) Solicitation Specification or
			 Contract Provision Protest; and
(ii) Solicitation Document Number (or Other
			 Identification as specified in the Solicitation
			 Document).