reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0081 - Reinstatement of Expired Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State, Business Services Division Chief
				Procurement Officer may approve reinstatement of an expired Contract if the
				following conditions are met:
(1)
			 Failure to renew or extend the Contract would prevent the Secretary from
			 carrying out the duties of the Secretary;
(2) Written request for reinstatement is
			 submitted to the Business Services Division Chief Procurement Officer for
			 approval within a reasonable time after the expiration of the original
			 contract;
(3) A written statement
			 justifying the Contractor's completion of the work after expiration of the
			 contract, there is no change in the Statement of Work, and either;
(a) The reinstatement is exclusively for the
			 purpose of permitting completion of the work or services for no additional
			 compensation; or
(b) When services
			 are of a continuing or repetitive nature which are compensated at an hourly,
			 daily or similar periodic rate, the reinstatement either:
(A) Does not increase the rate of
			 compensation; or
(B) Does not
			 increase the rate of compensation so as to exceed the rate of the increase
			 determined by comparing the Portland, Oregon Metropolitan Area Consumer Price
			 Index (all items) published immediately prior to the date the original contract
			 was established with the same Index published immediately prior to the date of
			 the reinstatement and extension.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0300 - Electronic Public Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary may publish the advertisement (notice) for Offers
				on the Department of Administrative Services ORPIN Electronic Procurement
				System, or subsequent system, instead of publishing notice in a newspaper of
				general circulation as required by ORS
				279B.055(4)(b).
				In addition, the Secretary may publish the advertisement on the Secretary's
				web-page.
Stat. Auth.: ORS
				  279A.065 &
				  279A.070
Stats. Implemented: ORS
				  279A.065,
				  279A.070 &
				  279B.055
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0310 - Pre-Closing Withdrawal of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 137-047-0440(2)(a)  and prior to Closing,
				Offeror may modify or withdraw its Offer via OregonBuys, or subsequent system,
				using the system functionality.
Statutory/Other Authority: Oregon Constitution, Article VI,
				  Sections 2 and 5; ORS
				  279A.065
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0360 - Purchases Through Federal Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary may purchase supplies and
			 services under the Federal Programs identified in ORS
			 279A.180, without competitive
			 sealed bidding, competitive sealed proposals or other competition required
			 under ORS 279B.050 to
			 279B.085, provided that the
			 Secretary has federal authorization to purchase through the program.
(2) To purchase through a Federal Program,
			 the Secretary must document in its contract file that:
(a) The acquisition meets the Secretary's
			 requirements;
(b) The price and
			 other terms of the acquisition are advantageous to the Secretary;
(c) No other DAS price agreement for the
			 supply or services exists, based upon the Secretary's review of the contracts
			 on ORPIN;
(d) Preference programs,
			 including but not limited to the Inmate Work Program of ORS
			 279A.025(2)(i);
(e) The Secretary may add to its
			 contract such contract terms and conditions as are required by State statute or
			 rules, if such additions do not conflict with the Federal Program's contract
			 terms and conditions, including but not limited to prompt payment requirements,
			 additional commercial terms, and conflict resolution.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0600 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 supplement and do not replace ORS
			 244.010 through ORS
			 244.400, for the purpose of
			 applying the policy of ORS
			 244.010 to Oregon Secretary of
			 State (Secretary) public contracting under the Public Contracting Code and
			 related rules. The Secretary's public contracting is a public trust. The
			 Secretary and contractors involved in public contracting must safeguard this
			 public trust.
(2) The Secretary
			 will conduct business with competence, integrity, and dignity. The Secretary
			 will pursue the maximum value of each public dollar spent while complying with
			 all public contracting statues, rules, and regulations. The Secretary will
			 grant all competitive bidders fair consideration, to regard each transaction on
			 its own merits; to foster and promote fair, ethical, and legal trade practices.
			 The Secretary will prompt courteous reception to all who want to conduct
			 legitimate business with the State of Oregon.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0605 - Selection and Award of Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Secretary officers, employees or agents
			 involved in the process of the selection and award of public contracts must
			 carefully review the provisions of ORS
			 244.040.
(2) Secretary officers, employees and agents
			 are prohibited from soliciting or receiving gifts, which means something of
			 economic value given to a public official or the public official's relative or
			 member of the household of the public official without an exchange of valuable
			 consideration of equivalent value, including the full or partial forgiveness of
			 indebtedness, and which is not extended to others who are not public officials
			 or the relatives of public officials or members of the household of the public
			 official on the same terms and conditions; and something of economic value
			 given to a public official or the public official's relative or member or the
			 household of the public official for valuable consideration less than that
			 required from others who are not public officials.
(3) Secretary officers, employees and agents
			 are prohibited from using their official position for personal or financial
			 gain.
(4) Secretary officers,
			 employees and agents are prohibited from using confidential information gained
			 in the course of the screening and selection procedures for personal or
			 financial gain.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0620 - Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
Secretary staff and providers may not develop specifications
				that primarily benefit only one provider, directly or indirectly.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0630 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
A procurement may not be artificially divided or fragmented so
				as to constitute a small procurement, pursuant to ORS
				279B.065, or an intermediate
				procurement, pursuant to ORS
				279B.070, in order to avoid
				competition.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279B.065
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 1 - PROCEDURAL RULES › Section 167-001-0635 - Agency and Provider Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Secretary staff are encouraged to freely
			 conduct market research in support of a procurement. This research includes but
			 is not limited to: meetings, industry presentations, and demonstrations with
			 any providers that may be able to meet a need for an approved procurement.
			 Secretary staff are encouraged to meet with providers whose products or
			 services can meet the Secretary's needs and to document the items discussed
			 during the market research phase of Solicitation development. The research
			 phase shall end prior to a release of a solicitation or a request for quote,
			 unless the solicitation provides for a different process that permits on-going
			 research.
(2) Any communication
			 between Secretary and providers after the solicitation release or request for a
			 quote must only be facilitated by the purchasing staff and within the context
			 of the solicitation document requirements, which may allow for discussions,
			 negotiations, and addenda. Secretary purchasing staff are encouraged to respond
			 to written inquiries by addenda or letter in a timely manner.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. These rules control the Secretary of State's
				acquisition of information about a subject individual's criminal history
				through criminal records checks and its use of that information to determine
				whether the subject individual is fit to provide services to the Secretary of
				State as an employee or contractor in a position covered by OAR
				167-050-0120(2)(a)-(e). The fact that the Secretary of State approves a subject
				individual as fit does not guarantee the individual a position as a Secretary
				of State employee or contractor.
Stat. Auth.: ORS
				  181.534 & ORS
				  177.075
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 167, division 050, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) "Approved" means that a criminal records
			 check and any required fitness determination has been completed on a subject
			 individual and the subject individual is eligible to be an employee or
			 contractor in a position covered by OAR 167-050-0120(2)(a)-(e).
(2) "Conviction" means that a court of law
			 has entered a final judgment on a verdict or finding of guilt on a plea of
			 guilty, or a plea of nolo contendere (no contest), or any determination of
			 guilt, against a subject individual, unless that judgment has been reversed or
			 dismissed by a subsequent court decision.
(3) "Criminal Offender Information" includes
			 records and related data as to physical description and vital statistics,
			 fingerprints received and compiled by the Oregon Department of State Police
			 Bureau of Criminal Identification for purposes of identifying criminal
			 offenders and alleged offenders, records of arrests and the nature and
			 disposition of criminal charges, including sentencing, confinement, parole and
			 release
(4) "Criminal Records
			 Check" or "CRC" means one of two processes undertaken to check the criminal
			 history of a subject individual:
(a) "Oregon
			 Criminal Records Check" means obtaining and reviewing information from the
			 Oregon State Police's Law Enforcement Data System (LEDS); or
(b) "National Criminal Records Check" means a
			 national check of criminal offender information conducted by the Oregon
			 Department of State Police through the Federal Bureau of Investigation at the
			 Secretary of State's request.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0120 - Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
"Subject Individual" means a person who is required to complete
				a criminal records check pursuant to these rules and from whom the Secretary of
				State may require fingerprints for the purpose of conducting a criminal history
				check because the person:
(1) Is
			 employed by or applying for employment with the Secretary of State, or provides
			 services or seeks to provide services to the Secretary of State as a
			 contractor; and
(2) Is, or will be,
			 working or providing services in a position:
(a) In which the person is providing
			 information technology services and has control over, or access to, information
			 technology systems that would allow the person to harm the information
			 technology systems or the information contained in the systems;
(b) In which the person has access to
			 information, the disclosure of which is prohibited by state or federal laws,
			 rules or regulations or information that is defined as confidential under state
			 or federal laws, rules or regulations;
(c) That has fiscal, payroll, or purchasing
			 responsibilities as one of the position's primary responsibilities;
(d) In which the person has responsibility
			 for conducting audits; or
(e) In
			 which the person has access to personal information about employees or members
			 of the public including Social Security numbers, dates of birth, driver license
			 numbers, personal financial information or criminal background
			 information.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0130 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a criminal
			 records check, the Secretary of State may require a subject individual to
			 complete and sign the Secretary of State's Criminal Records Request form and,
			 if requested by the Secretary of State, a fingerprint card. The Criminal
			 Records Request form shall require the following information: name, birth date,
			 Social Security Number, physical characteristics, driver's license or
			 identification card number, current address, and prior residences. The
			 Secretary of State Criminal Records Request form may also require details
			 concerning any circumstance listed in OAR 167-050-0170(2).
(b) A subject individual shall complete and
			 submit to the Secretary of State the Criminal Records Request form and, if
			 requested, a fingerprint card, within five (5) business days of receiving the
			 forms.
(c) The Secretary of State
			 shall not request a fingerprint card from a subject individual under the age of
			 18 years unless the subject individual is emancipated pursuant to ORS
			 419B.550 et seq., or unless the
			 Secretary of State also requests the written consent of a parent or guardian.
			 In such case, such parent or guardian and youth must be informed that they are
			 not required to consent. Notwithstanding, failure to consent may be construed
			 as a refusal to consent under OAR 167-050-0170(3)(d)(B).
(d) A subject individual shall disclose
			 additional information as requested by the Secretary of State in order to
			 resolve any issue(s) hindering the completion of a criminal records check
			 within five (5) business days of the request.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0140 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Crimes Relevant to a Fitness
			 Determination.
(a) All felonies;
(b) All Class A misdemeanors;
(c) Any United States Military or
			 international crime that is equivalent to any crime listed in this
			 section;
(d) Any crime of attempt,
			 solicitation, or conspiracy to commit a crime listed in this section (1)
			 pursuant to ORS 161.405,
			 161.435, or
			 161.450;
(e) Any crime based on criminal liability for
			 conduct of another pursuant to ORS
			 161.555, when the underlying
			 crime is listed in this subsection (1).
(f) Any crime which, if convicted, would
			 require the individual to register as a sex offender.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0150 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary of State may conduct a
			 preliminary fitness determination if the Secretary of State is interested in
			 hiring or appointing a subject individual on a preliminary basis, pending a
			 final fitness determination.
(2) If
			 the Secretary of State elects to make a preliminary fitness determination about
			 a subject individual, pending a final fitness determination, the Secretary of
			 State shall make that determination of the basis of any information disclosed
			 by the subject individual and on an Oregon Criminal Records Check.
(3) The Secretary of State shall approve a
			 subject individual as fit on a preliminary basis if the Secretary of State has
			 no reason to believe that the subject individual has made a false statement and
			 the information available to the Secretary of State does not disclose that the
			 subject individual:
(a) Has pled nolo
			 contendere (or no contest) to, been convicted of, found guilty except for
			 insanity (or comparable disposition) of, or has a pending indictment for a
			 crime listed under OAR 167-050-0140;
(b) Has been arrested for or charged with a
			 crime listed under OAR 167-050-0140;
(c) Is being investigated for, or has an
			 outstanding warrant for a crime listed under OAR 167-050-0140;
(d) Is currently on probation, parole, or any
			 form of post-prison supervision for a crime listed under OAR
			 167-050-0140;
(e) Has a deferred
			 sentence or conditional discharge in connection with a crime listed under OAR
			 167-050-0140;
(f) Has been
			 adjudicated in a juvenile court and found to be within the court's jurisdiction
			 for an offense that would have constituted a crime listed in OAR 167-050-0140  if committed by an adult; or
(g)
			 Has made a false statement.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0160 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary of State may hire or
			 appoint a subject individual on a preliminary basis if the Secretary of State
			 has approved the subject individual on the basis of a preliminary fitness
			 determination under OAR 167-050-0150.
(2) A subject individual hired or appointed
			 on a preliminary basis under this rule may participate in training,
			 orientation, or work activities as assigned by the Secretary of
			 State.
(3) A subject individual
			 hired or appointed on a preliminary basis is deemed to be on trial service and,
			 if terminated before completion of a final fitness determination under OAR
			 167-050-0170, may not appeal the termination under the processes provided under
			 167-050-0190.
(4) If a subject
			 individual hired or appointed on a preliminary basis is denied upon completion
			 of a final fitness determination, as provided under OAR 167-050-0170, then the
			 Secretary of State shall immediately terminate the subject individual's
			 employment or appointment.
Stat. Auth.: ORS
				  181.534 &
				  177.075
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0180 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary of State will close a
			 preliminary or final fitness determination as incomplete when:
(a) Circumstances change so that a person no
			 longer meets the definition of a subject individual;
(b) The subject individual does not respond
			 within a stated period of time to a request from the Secretary of State for
			 corrections to the application, fingerprints, any other information necessary
			 to conduct a criminal records check under these rules, or any information
			 described in OAR 167-050-0175;
(c)
			 The subject individual withdraws the application, leaves the position prior to
			 completion of the check or cannot be located or contacted by the authorized
			 designee;
(d) The subject
			 individual is determined to be ineligible for the position or is not chosen for
			 the position for reasons other than the criminal records check;
(e) The position is no longer open.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0190 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Model Rules of Procedure. In addition to
			 the Model Rules of Procedure adopted by the Attorney General, OAR 137-003-0001  through 137-003-0092, the procedures set forth in this rule shall
			 apply.
(2) Process.
(a) A subject individual may appeal a final
			 fitness determination by submitting a request in writing to the Secretary of
			 State Human Resources Division. Any such request for a hearing must be received
			 by the Secretary of State within 10 calendar days of the date of the
			 notice.
(b) When a timely request
			 is received by the Secretary of State under subsection (a), a contested case
			 hearing shall be conducted by a hearing officer appointed by the Secretary of
			 State.
(c) The Secretary of State
			 may extend the time to appeal if the Secretary of State determines the delay
			 was caused by factors beyond the reasonable control of the subject
			 individual.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0200 - Representation at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Secretary of State Representation. Subject to the approval of the Attorney
			 General, an officer or employee of the Secretary of State is authorized to
			 appear on behalf of the Secretary of State in contested case hearings involving
			 criminal background checks conducted pursuant to these rules. The Secretary of
			 State retains the right to be represented by the Attorney General.
(2) The agency representative may not make
			 legal arguments on behalf of the Secretary of State.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the Secretary of
			 State to hear the contested case;
(B) The constitutionality of a statute or
			 rule or the application of a constitutional requirement to the agency;
			 and
(C) The application of court
			 precedent to the facts of the particular contested case proceeding;
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0210 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Records the Secretary of State receives from the Oregon Department of State
			 Police resulting from a criminal records check, including, but not limited to,
			 LEDS reports and state or federal criminal offender information originating
			 with the Oregon Department of State Police or the Federal Bureau of
			 Investigation, are confidential pursuant to ORS
			 181.534(15).
(b) Only those persons, as identified by the
			 Secretary of State, with a demonstrated and legitimate need to know the
			 information, may have access to criminal records check records.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0220 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary
			 of State may charge a fee for acquiring criminal offender information for use
			 in making a fitness determination. In any particular instance, the fee shall
			 not exceed the fee(s) charged the Secretary of State by the Oregon Department
			 of State Police and the Federal Bureau of Investigation to obtain criminal
			 offender information on the subject individual.
(2) The Secretary of State may charge the fee
			 to the subject individual on whom criminal offender information is sought, or,
			 if the subject individual is an employee of a Secretary of State contractor and
			 is undergoing a fitness determination in that capacity, the Secretary of State
			 may charge the fee to the subject individual's employer.
Stat. Auth.: ORS
				  181.534
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 55 - RECRUITMENT RULES › Section 167-055-0100 - Recruitment Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants for a vacant and available position must complete and submit a
			 Secretary of State application form within the designated time period. All
			 documents requested as a part of the application must be attached and submitted
			 with the completed application form. These may include, but are not limited to,
			 resumes, writing samples, and references.
(2) An applicant claiming veteran's
			 preference points must submit a copy of the Certificate of Release or Discharge
			 from Active Duty (DD Form 214 or 215) with the employment application. Disabled
			 Veterans must also submit a copy of their Veteran's disability preference
			 letter from the Department of Veteran Affairs, unless the information is
			 included in the DD Form 214 or 215.
Stat. Auth.: ORS
				  177.050.
Stats. Implemented: ORS
				  177.050.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 60 - PUBLIC RECORDS AND DISCLOSURE RULES › Section 167-060-0100 - Policy on Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Secretary of State that public records
				will be available to all persons, consistent with all laws governing the
				disclosure of such records and consistent with the need to protect such
				records, to prevent interference with the regular discharge of duties and to
				recover fees reasonably calculated to reimburse the Agency for its actual cost
				in making such records available.
Stat. Auth: ORS
				  192.430
Stats. Implemented: ORS
				  192.502
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 60 - PUBLIC RECORDS AND DISCLOSURE RULES › Section 167-060-0110 - Requests for Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person may apply for release of public record information.
(2) The request must be in writing, addressed
			 to the Business Services Division Director, 255 Capitol Street NE, Salem, OR
			 97310 or faxed to (503) 378-4991, and must specify the record(s) from which
			 information is requested, if known. Where applicable, the request must be
			 accompanied by a signed release of information.
(3) The request must include:
(a) The name and address of the person
			 requesting the public record;
(b)
			 The telephone number or other contact information for the person requesting the
			 public record; and
(c) A
			 sufficiently detailed description of the record(s) requested to allow the
			 agency to search for and identify responsive records.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 60 - PUBLIC RECORDS AND DISCLOSURE RULES › Section 167-060-0120 - Costs for Complying with Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The
			 Secretary of State may charge a fee reasonably calculated to reimburse its
			 costs of providing and conveying copies of public records. The agency shall
			 charge 25¢ per page for the first 20 pages and 15¢ per page
			 thereafter to recover the costs of photocopying and normal and reasonable staff
			 time to locate, separate, photocopy and return document(s) to file and to
			 prepare/mail public record(s) to requestors. If, for operational or other
			 reasons, the Secretary of State uses the services of an outside facility or
			 contractor to photocopy requested records, it shall charge the actual costs
			 incurred.
(b) "Normal and
			 reasonable" staff time is 10 minutes or less per request.
Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 60 - PUBLIC RECORDS AND DISCLOSURE RULES › Section 167-060-0130 - Financial Transparency Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the policy of the Secretary of
			 State to maintain full and timely transparency for all spending to ensure
			 accountability and restore public trust in state government.
(2) The Secretary of State's office shall
			 post financial transparency disclosures that are updated monthly. All
			 disclosure reports shall be posted prominently online, publicly accessible,
			 fully searchable, and include both payroll and non-payroll
			 expenditures.
(3) Financial
			 transparency disclosures for each non-payroll expenditure shall list each
			 expenditure along with the associated budget category, budget sub-category,
			 vendor name, vendor city, vendor state, expenditure amount, payment date,
			 invoice description, agency division, reference document number, and any other
			 appropriate associated information, each listed separately by
			 category.
(4) Financial
			 transparency disclosures for each payroll expenditure shall include the
			 position number and separate amounts for each of the payments associated with
			 that position in the following categories: monthly salary, overtime, holiday
			 pay, standby duty pay, work out of class and lead pay, Public Employee
			 Retirement System payments, Public Employee Retirement System pension
			 obligation bond payment, health insurance, dental insurance, life insurance,
			 Social Security and Medicare taxes, Public Employees' Benefit Board fees, the
			 Workers Benefit Fund assessment, the Employee Relations Board assessment, any
			 other appropriate payroll expense, each listed separately by
			 category.
(5) The Secretary of
			 State's office shall maintain online financial transparency disclosures with
			 information from all payroll and non-payroll expenditures for at least as long
			 as the established retention schedule for financial records.
(6) Disclosure reports should be posted in
			 open-source, machine-readable data formats, and data should contain unique
			 identifiers to enable intergration and comparison with other data
			 sets.
Statutory/Other Authority: Statutory/Other Authority: Oregon
				  Constitution, Article VI, Sections 2 and 5; ORS
				  177.050
Statutes/Other Implemented: Statutory/Other Authority: Oregon
				  Constitution, Article VI, Sections 2 and 5; ORS
				  177.050
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 1 - PROCEDURAL RULES › Section 170-001-0000 - Notice of Proposed Rulemaking and Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except when
			 adopting a temporary rule, the State Treasurer will provide public notice of
			 the proposed adoption, amendment, or repeal of any rule by:
(a) Publishing notice of the proposed
			 rulemaking action in the Secretary of State's Oregon Bulletin under ORS
			 183.335(1)(b);
(b) Notifying interested people and
			 organizations who have requested to be notified of rulemaking actions under ORS
			 183.335 and section (2) of this rule;
(c)
			 Providing notice to legislators as required by ORS
			 183.335(15);
			 and
(d) Providing notice to any
			 other person or organization the State Treasurer believes may have an
			 interested in the rulemaking action.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 1 - PROCEDURAL RULES › Section 170-001-0005 - Contested Case Hearings Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Treasurer adopts by reference the
			 Attorney General's Model Rules of Procedure for Contested Case Hearings in OAR
			 137-003-0501  to 137-003-0700  in relation to claims made under ORS
			 98.302 to
			 98.436,
			 98.992 or
			 116.253 or any other claim to escheated or unclaimed property.
(2) An Administrative Law Judge assigned by
			 the Office of Administrative Hearings is not authorized to issue a final order
			 on behalf of the Treasurer.
The full text of the Attorney General's Model Rules of
				  Procedure for Contested Case Hearings is available from the State Treasurer or
				  on the Secretary of State's website.
Statutory/Other Authority: ORS
				  178.050
Statutes/Other Implemented: ORS
				  183.341,
				  183.464  & 183.635 (as amended by section 56, chapter 678, Oregon Laws
				  2019)
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 1 - PROCEDURAL RULES › Section 170-001-0020 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(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) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0000 - Fees for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon State Treasury may charge a fee reasonably calculated to reimburse the
			 Oregon State Treasury for the costs of locating, compiling, editing, redacting,
			 or otherwise processing information and records in response to a request for
			 public records.
(2) When the cost
			 to provide public records under section (1) is $25 or more, the Oregon State
			 Treasury may charge a person requesting public records for the following:
(a) An hourly rate, charged in 15-minute
			 increments, based on the work performed and not on the employee performing the
			 work. The rates are:
(A) Investment Officer:
			 $95 per hour;
(B) In-house Counsel:
			 $95 per hour;
(C) Manager: $70 per
			 hour;
(D) Professional: $50 per
			 hour; and
(E) Clerical: $30 per
			 hour.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0002 - Procedure to Request Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may request to inspect or
			 receive copies of public records prepared, owned, used, or retained by the
			 State Treasurer, Oregon Investment Council, 529 Savings Network, Oregon
			 Retirement Savings Board, or other public body staffed by the State Treasurer,
			 through the Oregon State Treasury.
(2) When public records are not exempt from
			 disclosure, the Oregon State Treasury will make public records available for
			 inspection, or will provide copies to a person who requests public records
			 under ORS
			 192.311 to
			 192.478.
			 The Oregon State Treasury will make public records available for inspection or
			 copying during regular business hours, but may condition the time and manner of
			 inspection or copying as necessary to protect the records and to prevent
			 interference with the regular discharge of duties of the State Treasurer,
			 Oregon State Treasury, and its employees.
(3) Any person requesting to inspect or
			 receive public records must:
(a) Provide a
			 written request to the Records Custodian, Oregon State Treasury, 867 Hawthorne
			 Ave SE, Salem, OR 97301-5241 or by electronic mail at
			 Information.Request@ost.state.or.us.
(b) The written request must include the
			 following information:
(A) The name and
			 address of the person requesting the public record;
(B) The telephone number or other contact
			 information of the person requesting the public record;
(C) A sufficiently detailed description of
			 the record(s) requested to inform the Oregon State Treasury to search for and
			 identify responsive records;
(D) If
			 requesting a fee waiver or reduction, a statement explaining how waiving or
			 reducing the fee primarily benefits the general public;
(E) The date the request is submitted;
			 and
(F) The physical signature of
			 the person requesting to inspect or receive copies of public records.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0005 - Copier/Facsimile Use By Oregon State Treasury Employees

Current through Register Vol. 63, No. 7, July 1, 2024
For use of copy or facsimile equipment by employees of the
				Oregon State Treasury when acting in a private capacity, employees shall pay
				the fees set forth in OAR 170-002-0000. Copying or facsimile fees incurred by
				an employee be paid:
(1) By check,
			 payable to the Oregon State Treasury, within the first ten working days of the
			 month immediately following the month in which charges were incurred;
			 or
(2) Prior to receiving their
			 final compensation upon separation or termination from the Oregon State
			 Treasury.
Stat. Auth.: ORS
				  178.050
Stats. Implemented: ORS 183, ORS 192, ORS 293 & ORS
				  295
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0010 - Criminal Records Check And Fitness Determination Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule controls the OST's
			 acquisition of information about a subject individual's criminal history
			 through criminal records checks or other means and its use of that information
			 to determine whether the subject individual is fit to provide services to the
			 OST as an employee, volunteer, board member, contractor or vendor. The fact
			 that the OST approves a subject individual as fit does not guarantee the
			 individual a position as an OST employee, volunteer, board member, contractor
			 or vendor. Criminal Records checks are conducted in accordance with OAR
			 125-007-0200  through 125-007-0310.
(2) Fees.
(a) The OST may charge a fee for acquiring
			 criminal offender information for use in making a fitness determination. In any
			 particular instance, the fee shall not exceed the fee(s) charged to the
			 Department by the Oregon Department of State Police, the Federal Bureau of
			 Investigation, or a contractor conducting a criminal background check to obtain
			 criminal offender information on the subject individual.
(b) The OST may not charge the fee to the
			 subject individual on whom criminal offender information is sought if the
			 subject individual is being considered for employment with OST or providing
			 volunteer services to OST.
(c) The
			 OST may charge a fee to the subject individual if he or she is a contractor or
			 vendor and is undergoing a fitness determination in that capacity, or the OST
			 may charge the fee to the subject individual's employer.
(d) The OST may charge a fee to a subject
			 individual that has been appointed or is being considered for appointment to a
			 board or commission by the State Treasurer.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The follow definitions apply to OAR 170-002-0100  through
				170-002-0300:
(1) "Award" means the
			 Treasurer's communication to an Offeror of the Treasurer's intent to enter into
			 a Contract with the Offeror.
(2)
			 "Closing" means the date and time specified in a Contract solicitation as the
			 deadline for submitting Offers.
(3)
			 "Contract" means a legally binding written agreement between the Treasurer and
			 Offeror for the purchase and sale of Goods and Services or for Exempt goods,
			 services or other transactions.
(4)
			 "Contractor" means a person with whom the Treasurer enters into a
			 Contract.
(5) "Days" means calendar
			 days.
(6) "Exempt" means the Public
			 Contracting Code does not apply.
(7) "Goods and Services" has the meaning
			 given in ORS 279B.010 and as clarified by OAR
			 170-002-0100.
(8) "Offer" means a
			 bid, proposal, quote or other writing or submission through which a person
			 offers, Goods and Services, or Exempt goods, services, investments or other
			 transactions, for a price or with certain qualifications to the Treasurer or
			 otherwise responds to a Procurement.
(9) "Offeror" means a person who submits an
			 Offer.
(10) "Procurement" means the
			 process of soliciting Offers with the intention that there is an Award by the
			 Treasurer of one or more Contracts or identification of potentially eligible
			 Contractors at the end of the process.
(11) "Procurement Officer" means any staff of
			 the Treasurer whom the Treasurer has employed, or to whom the State Treasurer
			 has delegated authority, to carry out Procurements, Contract administration and
			 related activities.
(12) "Public
			 Contracting Code" or "Code" means ORS chapters 279A, 279B, and 279C, and rules
			 promulgated by the Department of Administrative Services to carry out the
			 Code.
(13) "Responsible" means the
			 Treasurer reasonably believes that the Offeror would be a reliable, competent,
			 responsible, and an accountable and a legally authorized Contractor.
(14) "Solicitation Document" means a written,
			 including electronically transmitted, inquiry issued to one or more persons
			 soliciting Offers.
(15) "Treasurer"
			 means the Office of the State Treasurer.
Statutory/Other Authority: ORS
				  279A.065
Statutes/Other Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 2 - ADMINISTRATION AND PROCUREMENT › Section 170-002-0105 - Authority and Applicability of the Public Contracting Code

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Procurements
			 and the resulting Contracts are Exempt, except for the Procurement of, and
			 Contracts for, the Goods and Services as described in paragraph 2 of this
			 rule.
(2) Goods and Services that
			 are not Exempt and are subject to the Procurement methods required under ORS
			 chapter 279B generally are:
(a) Services that
			 do not require personalized or specialized skills, knowledge, or expertise
			 related to banking, borrowing or investments;
(b) Goods and services that do not require
			 the exercise of professional judgment or management discretion related to
			 banking, borrowing or investments;
(c) Services that are common to any entity
			 that carries on a business such as janitorial, repair, delivery, mail
			 processing, and information technology services that are not specialized for
			 banking, borrowing, or investing and may be used for any type of
			 business;
(d) Goods that are common
			 to any entity that carries on a business such as furniture, office equipment
			 and supplies, and computers and related equipment that are not specialized for
			 banking, borrowing, or investing and may be used for any type of
			 business.