reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0010 - Basic Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OACC may contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission's own work force; when it will be less expensive to contract for the work; when an independent and impartial evaluation of a situation by recognized professional is required; or when the Commission is directed by statute to contract for services. Contracts will be let only after approval of the Commission.
(2) Agreements for the services of a contractor who is a member of the Public Employes' Retirement System and who is employed in another public agency usually will be by interagency agreement.
(3) In selecting between two or more equally qualified proposals when awarding contracts, preference may be given to individuals and businesses which have prior successful experience with commodity commissions.
Stat. Auth.: ORS 183.335(5)
Stats. Implemented:
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Competitive Negotiation" (formal process) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized.
(2) "Non-Competitive Negotiation" (sole source) is procurement through solicitation of a proposal from only one source.
(3) "Small Purchase Procedures" (informal process) are those relatively simple and informal procurement methods whereby price or rate quotations are obtained from a number of sources and selection made on the basis of cost and other applicable criteria.
Stat. Auth.: ORS 183.335(5)
Stats. Implemented:
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0030 - Procurement Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small purchase procedures may be used for the procurement of services costing not more than $10,000. Price or rate quotations shall be obtained from at least three qualified sources.
(2) Competitive negotiation shall be used for personal service contracts in excess of $10,000 per agreement per fiscal year and may be used for contracts of less than $10,000. Exceptions may be granted to accommodate one or more of the conditions described in section (3) of this rule with the approval of the Commission.
(3) Non-competitive negotiation may be used for contracts if:
(a) The item or service is available only from a single source, or the sole source has special skills that are only available based upon his/her expertise or situation;
(b) Public need or emergency advises against a delay incident to competitive solicitation;
(c) After solicitation of a number of sources, competition is determined inadequate;
(d) The contract is a renewal of an existing contract, subject to approval by all required parties.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0040 - Maintenance of RFP Mailing List

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are available. An OACC Business form will be used to place persons on the list.
Stat. Auth.: ORS 183.335(5)
Stats. Implemented:
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0050 - Competitive Negotiation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information:
(a) Date and hour by which proposals must be received;
(b) Description of work;
(c) Evaluation specific to contract criteria.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 60 - ALLOTMENT REDUCTIONS RESULTING FROM MORE ECONOMIC AND EFFICIENT MANAGEMENT › Section 122-060-0000 - Process for Reducing Allotments

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 122-060-0010  describes the procedure for reducing allotments according to amounts unscheduled under this rule, as it effects reductions in allotments. To reflect savings accomplished by management planning and actions through December 31, 1992, the following amounts are unscheduled effective January 4, 1993, resulting in reduced allotments for the remaining two quarters of the 1991-93 biennium:
General Fund Other Funds Federal Funds
(1) Consumer and Business Services $127,011 $955,112
(a) Building Codes Agency 393,958
(b) Construction Contractors Board 67,090
(c) Employment Relations Board 47,011 9,792
(d) Barbers and Hairdressers, Board of 13,008
(e) Insurance and Finance, Department of 295,148
(f) Labor and Industries, Bureau of 80,000
(g) Medical Examiners, Board of 20,502
(h) Nursing, Board of 106,186
(i) Real Estate Agency 49,428
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 60 - ALLOTMENT REDUCTIONS RESULTING FROM MORE ECONOMIC AND EFFICIENT MANAGEMENT › Section 122-060-0010 - Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
The allotment reductions shall be determined and approved as follows:
(1) The Executive Director, Budget and Management Division shall submit a listing of the proposed allotment reductions to the Governor by December 28, 1992 for review and approval.
(2) The Governor may approve, modify, or disapprove the proposed allotment reductions.
(3) The Budget and Management Division shall notify each agency by Advice of Budget Authorization of its approved allotment reductions by January 11, 1993.
(4) Each agency shall submit a revised plan for obligation for each remaining allotment period on a Biennial Allotment Plan by January 31, 1993. Other Funds and Federal Funds savings may be authorized for allotment (rescheduled and reinvested) in the current biennium as long as the savings are used for program expenditures and not for administration.
(5) The Budget and Management Division shall approve, modify, or disapprove the allotment plan for each agency.
(6) The Budget and Management Division shall notify each agency of the action taken under section (5) of this rule through an Advice of Budget Authorization and certify the allotment reduction to the Executive Department Accounting Division.
Stat. Auth.: ORS 291.232 - ORS 291.260
Stats. Implemented:
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0100 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Only the Director of the Department of Administrative Services is authorized by ORS 283.085 to 283.092 to enter into Financing Agreements to acquire real property or personal property for State Agencies. ORS 184.340authorizes the Department of Administrative Services, with the approval of the Governor, to make reasonable rules and regulations that are necessary or proper for the administration of the law that the Department is charged with administering.
Stat. Auth.: ORS 184.340
Stats. Implemented: ORS 283.085 - 283.092
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, capitalized terms used in this Chapter 122, Division 70 of the Oregon Administrative Rules shall have the following meanings:
(1) Benefiting Agency refers to a State Agency or a Division of Department of Administrative Services that has direct control of, or responsibility for, an asset that is paid for through a Financing Agreement.
(2) Capital Lease means a lease that:
(a) Meets the criteria for recording as a capital lease as set forth in generally accepted accounting principles or the State Accounting Manual; or
(b) Is for a real property asset being built on state owned land, unless the Director of the Department of Administrative Services exempts the transaction from such classification.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0120 - Budget Requests for Financing Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Benefiting Agency intending to acquire real property or personal property, including software, using a Financing Agreement that exceeds $100,000 and that will create a payment obligation that covers multiple biennia must notify the Finance Manager as a part of the budget preparation process in accordance with the Department's Budget & Legislative Concepts Instructions.
(2) Benefiting Agencies that have identified the need for Financing Agreements during their budget preparation process may receive priority for the Director's approval in the event demand exceeds the available biennial authority or limitation for Financing Agreements.
(3) Benefiting Agencies requesting approval for Financing Agreements will make such request in the form prescribed by the Department.
(4) For State Agencies subject to ORS 276.429, when requesting approval of Financing Agreements to acquire office quarters, such Agencies will provide:
(a) Evidence that the action has received approval from the Legislative Assembly; or
(b) Such information as is requested by the Director so that the planned action can be reported to the legislative review agency established in ORS 291.371 prior to the Director's approval.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0130 - Approval and Execution of Financing Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The acquisition of any capital asset by a State Agency that is paid through a Financing Agreement must be done in accordance with the procedures established in ORS 283.087 to 283.092 if the principal portion of the agreement exceeds $100,000.
(2) The acquisition of any software or capital asset may not be divided into parts with each part being less than $100,000, to avoid the Financing Agreement approval process. The Department will combine each component of a "single project" to determine if the principal amount of the financing for the project exceeds $100,000. If the principal amount exceeds $100,000 the financing is subject to ORS 283.087 to 283.092.
(3) A "single project" will be determined to exist if:
(a) A State Agency is acquiring two or more items using separate Financing Agreements when the total principal sum of the Financing Agreements exceeds $100,000;
(b) The items perform or contribute to the same general function at a particular location or as part of an interdependent system; and
(c) Are proposed to be acquired under a continuing appropriation or within the same biennium.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0140 - Records Creation and Maintenance, and Ongoing Use of Financed Assets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In conjunction with the execution of a Financing Agreement, the Benefiting Agency must enter into a written agreement with the Director outlining the Benefiting Agency's responsibilities related to asset maintenance, recordkeeping and debt repayment. The agreement must include, without limitation, the following terms:
(a) Identification of the source of funds the Benefiting Agency intends to use to repay the Financing Agreement;
(b) A commitment by the Benefiting Agency:
(A) To use its best efforts to seek funds and budget authority each biennium to repay the Financing Agreement so long as it is outstanding;
(B) To inform the Finance Manager in the event available funds expected to be used to repay any Financing Agreement are not appropriated;
(C) That the financed property will be used only by state government and only for authorized government purposes, unless the Benefiting Agency first obtains written consent from the Finance Manager; and
(D) To not to lease, sublease, sell or otherwise encumber any financed property without prior written consent from the Finance Manager.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0150 - Management of Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All proceeds from Financing Agreements must be separately accounted for and held in separately designated accounts in the Oregon State Treasury or with an independent trustee. The Benefiting Agency and the Department shall exchange information to ensure that the proceeds are spent only on lawfully authorized expenditures and, if funded with a Tax-advantaged Financing Agreement, are in compliance with any provision of the Internal Revenue Code and applicable regulations. The Benefiting Agency shall consult with the Department and follow its directives with respect to appropriate accounting and record keeping for such expenditures.
(2) Any reserve account equal to the maximum allowable reserve authorized in the Internal Revenue Code at the time Certifications of Participation are issued will be held by an independent trustee. Interest earnings on the reserve will be used to pay debt service on the certificates, after the payment of any arbitrage earnings payable under the Internal Revenue Code, when due.
(3) The Department will not disburse to a local government or other public body the proceeds of any Financing Agreement(s) entered into for the purposes of infrastructure described in ORS 283.085(4)(a)(B) or (C) until the recipient of the proceeds has entered into an agreement with the State of Oregon that is in form and substance satisfactory to the Director regarding the deposit and expenditure of the proceeds, nature and use of the project(s) to be financed with the proceeds and, if applicable, compliance with provisions of the Internal Revenue Code and procedures necessary to maintain the Tax-advantaged status of the Financing Agreement from which the proceeds were derived.
Stat. Auth.: ORS 184.340
Stats. Implemented: ORS 283.085 - 283.092
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 70 - STATE OF OREGON FINANCING AGREEMENTS › Section 122-070-0160 - Charges for Administering Financing Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative Costs:
(a) All costs incurred by the Department and the State Treasurer to administer outstanding Financing Agreements will be charged to the appropriate Benefiting Agency.
(b) Actual charges for fiscal agent services and trustee services for any Financing Agreements will be passed through to the Benefiting Agency.
(c) All other costs incurred by the Department, including bond counsel or other legal fees, to administer outstanding Financing Agreements will be charged to the appropriate Benefiting Agency.
(d) The Capital Investment Section shall charge fees in connection with the services, duties and activities related to issuance and approval of Financing Agreements to the appropriate Benefiting Agency on behalf of the Department.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 75 - STATE BORROWING ADMINISTERED BY THE DEPARTMENT › Section 122-075-0100 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Administrative Services is authorized to administer certain state borrowing programs for the benefit of State Agencies including but not limited to the programs described below:
(1) Lottery bond financings authorized by ORS 286A.560 to 286A.585 and 327.700 to 327.711, issued by the State Treasurer with the concurrence of the Director of the Department of Administrative Services.
(2) Credit agreements, notes, warrants, short-term promissory notes, commercial paper or other obligations in anticipation of taxes, grants or other revenues issued by the Oregon State Treasurer and authorized by ORS 286A.045 to 286A.050.
(3) General obligation bonds issued by the State Treasurer for the Oregon Opportunity Program under ORS 353.550 to 353.563 and chapter 921 of Oregon Laws 2001.
(4) Oregon Appropriation Bonds authorized under 2003 Oregon Laws Chapter 11 or subsequent legislation, issued by the State Treasurer with the concurrence of the Director of the Department of Administrative Services.
(5) General obligation bonds for water power, pension liabilities, and seismic rehabilitation projects authorized by ORS 286A.710 to 286A.792.
Stat. Auth.: ORS 184.340.
Stats. Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921, 2003 OL ch. 11
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 75 - STATE BORROWING ADMINISTERED BY THE DEPARTMENT › Section 122-075-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, capitalized terms used in this Chapter 122, Division 75 of the Oregon Administrative Rules shall have the following meanings:
(1) Benefiting Agency refers to a State Agency or Division of the Department of Administrative Services whose borrowing program is administered by the Department of Administrative Services.
(2) Bonds mean any contractual undertaking or instrument of the State of Oregon to repay borrowed moneys that are administered for another State Agency by the Department of Administrative Services or for which the Department of Administrative Services provides administrative assistance, including but not limited to the borrowings described in OAR 122-075-0100. A Bond does not include financing agreements entered into under ORS 283.085 to 283.092 and division 70 of this chapter.
(3) Department means the Department of Administrative Services, Budget and Management Division.
(4) Director means the Director of the Department of Administrative Services.
(5) Finance Manager means the Capital Finance Manager of the Capital Investment Section of the Department of Administrative Services, Budget and Management Division.
(6) State Agency or Agency means any statewide elected officer, board, commission, department, division, authority or other entity that is within state government as defined in ORS 174.111.
(7) Tax-advantaged refers to a benefit provided by a governmental authority to the issuer or a holder of a bond or other evidence of indebtedness in the form of exemption from taxation, a tax-deferral or a tax credit to the holder of the indebtedness, an interest rate subsidy payment to the issuer, or any other type of financial benefit. Qualification for such treatment generally requires ongoing compliance with various laws and regulations by the issuer.
Stat. Auth.: ORS 184.340.
Stats. Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921, 2003 OL ch. 11
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 75 - STATE BORROWING ADMINISTERED BY THE DEPARTMENT › Section 122-075-0120 - Budgeting for Department of Administrative Services Administered Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Benefiting Agency intending to issue Bonds in the upcoming biennium must notify the Finance Manager as a part of the State Agency budget preparation process in accordance with the Department's Budget & Legislative Concepts Instructions.
(2) The Department will:
(a) Assist any Benefiting Agency in developing debt service budgets for its outstanding Bonds;
(b) As applicable, bill and collect from all Benefiting Agencies their respective portion of debt service relative to each agency's outstanding Bonds;
(c) Send moneys that are collected from Benefiting Agencies to the trustee or the appropriate paying agent for all payments due under the Bonds related to such Benefiting Agency;
(d) At the direction of the State Treasurer, manage the investments of Bond sale proceeds or debt service funds, if any, that are held by a trustee. The interest earnings from any investment of moneys by a trustee may be credited to the appropriate Benefiting Agency, or against the next installment of principal and interest due on outstanding Bonds of the Benefiting Agency at the next payment date, at the discretion of the Department. When allocating such interest earnings, the department may take any actions necessary to achieve cost-effective administration, provided such actions do not have a materially adverse impact any Bonds or the funds or accounts used to pay them; and
(e) After any Bonds are completely paid and no longer outstanding, provide to the appropriate Benefiting Agency any remaining moneys, together with interest earnings to be recorded under generally accepted accounting principles.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 75 - STATE BORROWING ADMINISTERED BY THE DEPARTMENT › Section 122-075-0150 - Management of Bond Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Bond sale proceeds intended for program purposes will be held in the appropriate funds or accounts designated by ORS chapter 286A at the Oregon State Treasury, or as may be otherwise designated by a trust indenture or other law. The Benefiting Agency and the Department shall exchange information to ensure that Bond sale proceeds are spent only for lawfully authorized purposes and, if derived from Tax-advantaged Bonds, are used in compliance with any provision of the Internal Revenue Code and applicable regulations. The Benefiting Agency shall consult with the Department and follow its directives with respect to appropriate accounting and record keeping for such expenditures.
(2) Any reserve account equal to the maximum allowable reserve authorized in the Internal Revenue Code at the time the Bonds are issued shall be held by an independent trustee or in the appropriate fund or account designated by ORS chapter 286A or other statutes in the Oregon State Treasury. Interest earnings on the reserve shall be used to pay debt service on the related Bonds after the payment of any arbitrage earnings payable under Internal Revenue Code, when due.
Stat. Auth.: ORS 184.340.
Stats. Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921, 2003 OL ch. 11
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 75 - STATE BORROWING ADMINISTERED BY THE DEPARTMENT › Section 122-075-0160 - Charges for Bond Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative Costs:
(a) All costs incurred by the Department and the State Treasurer to administer outstanding Bonds will be charged to the appropriate Benefiting Agency.
(b) Actual charges for fiscal agent services and trustee services for any Bonds will be passed through to the Benefiting Agency.
(c) All other costs incurred by the Department, including bond counsel or other legal fees, to administer outstanding Bonds will be charged to the appropriate Benefiting Agency.
(d) The Capital Investment Section shall charge fees in connection with the services, duties and activities related to issuance and approval of Bonds to the appropriate Benefiting Agency on behalf of the Department.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0100 - Statement of purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide criteria to determine
						when Mandatory Collection Agency Transfer (MCAT) accounts are subject to
						assignment or exempt from assignment to DOR-OAA under Oregon Revised Statute
						(ORS) 293.231. This rule also provides information on how a state agency may
						request an exemption from the statutory assignment timeframe referenced in ORS
						293.231.
Statutory/Other Authority: ORS 293.231 & 293.233
Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c),
							293.233(1) & 293.233(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Account" means a debt relationship
					between a state agency and an individual or an entity, which may include
					multiple obligations and time periods.
(2) "Consensual Security Interest" means an
					enforceable interest in real or personal property voluntarily created by a
					debtor to secure an obligation to pay a debt (e.g. a mortgage, trust deed,
					security agreement, or pledged securities).
(3) "Delinquent (account)" means a receivable
					for which payment was not received by the initial due date. (The establishment
					of a payment agreement does not change the status of the
					delinquency.)
(4) "DOR-OAA" refers
					to the Department of Revenue Other Agency Account unit.
(5) "Hardship" refers to adverse
					circumstances, which significantly reduce a debtor's ability to pay. Examples
					include, but are not limited to, interruptions of income due to family or
					medical emergencies, job layoff or job skill retraining, long-term/permanent
					disability, social security, or terminal illness.
(6) "Imprisoned" refers to an individual who
					is currently incarcerated.
(7)
					"Litigation" refers to a dispute when the account:
(a) Has been referred to the Department of
					Justice;
(b) Is in the
					administrative appeal or hearing process; or
(c) Is in arbitration, mediation, or in the
					state or federal court system, including bankruptcy.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0120 - Mandatory Collection Agency Transfer Assignment Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a state agency does not receive any
					payments on an MCAT account during any 90-day period following the MCAT
					eligibility date for that account, the state agency must review the account for
					assignment to DOR-OAA for full collections.
(2) The state agency must assign accounts to
					DOR-OAA unless the account is subject to an exemption under OAR 122-085-0130  or
					OAR 122-085-0150.
(3) MCAT accounts
					assigned to DOR-OAA will be transferred to a PCF if no payment is received on
					the account within six months from the date of assignment. DOR-OAA may transfer
					the assigned MCAT accounts to a PCF prior to six months.
(4) MCAT accounts returned to DOR-OAA by a
					PCF may be retained by DOR-OAA indefinitely or returned to the state agency
					upon request.
(5) OAR 122-085-0120 does not apply to accounts that originate in the Department of Revenue or the
					Oregon Employment Department; those accounts are required to be assigned one
					year from the MCAT eligibility date or the date of last payment, whichever is
					later.
(6) OAR 122-085-0120  does
					not apply to state agencies that the Department of Administrative Services
					Chief Financial Office (DAS CFO) has granted a time period exemption, as per
					122-085-0140.
(7) Before a state
					agency may write-off an account, DOR-OAA must notify the state agency that the
					account is recommended for write-off, unless the law prohibits the account from
					assignment or the state agency has exempted the account from assignment as
					provided in 122-085-0130  or 122-085-0150.
(8) A state agency may not make an offer for
					assignment contrary to applicable state or federal laws or regulations
					governing offers for assignment.
Statutory/Other Authority: ORS 293.231, 293.233,
							293.240
Statutes/Other Implemented: ORS 293.231(1), 293.231(5),
							293.231(6)(c), 293.233(1) & 293.233(2),
							293.240(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0130 - Mandatory Collection Agency Transfer Accounts Exempt from Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A state agency may, at its discretion,
					choose not to offer for assignment to DOR-OAA any MCAT account that:
(a) Is secured by a consensual security
					interest in real or personal property;
(b) Is a court judgment that includes
					restitution or a payment to the Department of Justice Crime Victims Assistance
					Section;
(c) Is in litigation,
					including bankruptcy, arbitration or mediation;
(d) Is a student loan owed by a student who
					is attending school;
(e) Is owed to
					a state agency by a local or state government or by the federal
					government;
(f) Is owed by a debtor
					who is hospitalized in a state hospital as defined in ORS 162.135, or who is on
					public assistance as defined in ORS 411.010, or who receives medical assistance
					as defined in ORS 414.025;
(g) Is
					owed by a debtor who is imprisoned;
(h) Is less than $100 including
					penalties;
(i) Would, if assigned,
					result in a loss of federal funding or a loss of funding under a federal
					program;
(j) Is owed by an estate
					and the state agency has received notice that the estate has closed;
(k) Is eligible for suspension of collections
					as provided in ORS 305.155;
(l)
					Would constitute a hardship if assigned, and assignment would be inconsistent
					with a state agency goal;
(m) Is
					secured by a non-consensual lien against specific real or personal property
					identified by the state agency;
(n)
					Is secured by a bond;
(o) Is one of
					multiple accounts owed to the state agency by the same debtor, any one of which
					has received a payment within the preceding 90-day period, including accounts
					created and paid at the same time;
(p) Is within the scope of a state agency
					specific exemption approved as per OAR 122-085-0150;
(q) Would result in the referral of a
					monetary penalty, fee, or tax under ORS Chapters 825 or 826 related to a motor
					carrier operating authority unless the closing audit of the motor carrier
					operating authority is final;
(r)
					Is an account for which a wage garnishment has been served on the debtor's
					employer and no funds are available to the state agency because a wage
					garnishment or order to withhold earnings of higher priority currently prevents
					any funds from being applied to the state agency debt;
(s) Arises from an administrative or judicial
					support order, judgment, or decree; or
(t) Is owed by a corporation that is not and,
					for the foreseeable future, will not be engaged in any income-producing
					activity, and there are no assets from which the debt could be
					collected.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0140 - Mandatory Collection Agency Transfer Account Request for Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request an exemption from the 90-day
					assignment provision referenced in OAR 122-085-0120, a state agency must
					complete the applicable form provided in the OAM. If approved, the exemption
					request will permit either a 180-day turnover period or a 365-day turnover
					period.
(2) State agencies must
					submit requests for the exemption from the 90-day turnover timeframe to the DAS
					CFO no later than March 31. Each approved request will begin the following July
					1 and will be valid until June 30 of the subsequent fiscal year. For example,
					an approved request submitted in March 2018 will become effective from July 1,
					2018 through June 30, 2020.
(3) A
					state agency may not use such exemption until approved by the DAS CFO and may
					only apply the exemption to accounts with an MCAT eligibility date within the
					approved exemption period.
(4) The
					state agency's right to use the exemption terminates upon expiration of the
					approved period. If the exemption expires and the state agency has not received
					approval from DAS CFO for another exemption for the subsequent two year period,
					all accounts must be assigned as required in OAR 122-085-0120.
Statutory/Other Authority: ORS 293.231 & 293.233
Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c),
							293.233(1) & 293.233(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0150 - State Agency Specific Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A state
					agency may request that the DAS CFO approve one or more state agency specific
					exemptions under ORS 293.233 for classifications of accounts that are not
					exempt as per OAR 122-085-0130. A state agency must submit a request for a
					state agency specific exemption from assignment using the applicable form
					provided in the OAM.
(2) A state
					agency may not use such exemption until approved by the DAS CFO and the
					exemption only applies to accounts with an MCAT eligibility date within the
					approved exemption period. In its written approval of the request, the DAS CFO
					may specify that the exemption is for a limited duration (not to exceed two
					fiscal years).
(3) The state
					agency's right to use the exemption terminates upon expiration of the limited
					duration period.
Statutory/Other Authority: ORS 293.231 & 293.233
Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c),
							293.233(1) & 293.233(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0160 - State Agency MCAT Assignments to PCFs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
					State agency MCAT accounts assigned to a PCF prior to July 1, 2018 are not
					subject to OAR 122-085-0120. These accounts may continue through the collection
					cycle as per the purchase order agreement between the state agency and the PCF.
					Once the account is returned to the assigning state agency from the PCF, the
					state agency may evaluate the account for write-off or assign the account to
					DOR-OAA for additional collection services.
(2) State agency MCAT accounts subject to
					assignment after July 1, 2018 are subject to OAR 122-085-0120.
Statutory/Other Authority: ORS 293.231 & 293.233
Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c),
							293.233(1) & 293.233(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 85 - ACCOUNTS RECEIVABLE MANAGEMENT › Section 122-085-0200 - Voluntary collection of Social Security numbers for use in collecting debts owed to the state

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
					of this rule "state agency" is defined as any state officer, board, commission
					corporation, institution, department or other state organization except for
					state courts and commissions, departments and divisions of the Judicial branch
					of state government, the Secretary of State or the State Treasurer.
(2) The purpose of this rule is to provide
					standards for state agencies when requesting a person to voluntarily provide
					the person's Social Security number on any document relating to a monetary
					obligation or transaction for use in collecting debts owed to the state of
					Oregon. This rule does not apply to a Social Security number that is required
					to be provided under state or federal law.
(3) Where reasonable and unless otherwise
					prohibited by state or federal law, a state agency may request a person to
					voluntarily provide their Social Security number when there is a real or
					potential monetary obligation or transaction,
(a) When requesting a Social Security number,
					the state agency must notify the person clearly in writing:
(A) that providing their Social Security
					number is voluntary,
(B) the state
					agency is requesting the Social Security number for use in collecting debts
					owed to the state of Oregon,
(C)
					that the Social Security number will be properly secured as required by the
					Oregon Consumer Identity Theft Protection Act (ORS
					646A.600-646A.628).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division of administrative rules, and
				generally throughout this chapter of administrative rules, unless the context
				demands otherwise:
(1) Authority means
			 the Infrastructure Finance Authority within the Oregon Business Development
			 Department.
(2) Board means the
			 Oregon Infrastructure Finance Authority Board.
(3) Brownfield means real property where
			 expansion or redevelopment is complicated by actual or perceived environmental
			 contamination as defined in ORS
			 285A.185(1).
(4) Collateral means property subject to a
			 security interest or agriculture lien, as well as proceeds to which security
			 interests attaches, and those defined in ORS
			 79.1050.
(5) Commission means the State of Oregon
			 Business Development Commission appointed under ORS
			 285A.040.
(6) Department means the State of Oregon
			 Business Development Department as established under ORS
			 285A.070.
(7) Director means the director of the Oregon
			 Business Development Department as appointed under ORS
			 285A.070.
(8) Distressed Area means a geographic area
			 within the state of Oregon that meets the criteria set forth under OAR
			 123-024-0031.
(9) Finance Committee means the financial
			 committee formed by the Oregon Business Development Commission as defined in
			 OAR 123-001-0520.
(10) Financial Institution means a financial
			 institution as defined in ORS
			 706.008.
(11) First Source Hiring Agreements means the
			 hiring agreements as described in OAR 123-070.
(12) Grant means an award of monies to an
			 approved recipient for eligible purposes.
(13) Governor means the sitting Governor of
			 the State of Oregon, pursuant to Article V of the Constitution of
			 Oregon.
(14) Loan means department
			 financing provided to an approved recipient for eligible purposes.
(15) Port means a municipal corporation
			 organized under ORS chapter 777 or 778, which may be known as a "port
			 authority" or "port district."
(16)
			 Rural Area means an area located entirely outside of the acknowledged Portland
			 Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban
			 growth boundaries of the cities with populations of 30,000 or more according to
			 the most recent decennial census data from the U.S. Census Bureau.
(17) Small Business means a business having
			 100 or fewer employees in accordance with ORS
			 285A.010(9)
(18) State Revenue Bonds means bonds issued
			 by the State of Oregon that are payable from specific revenue sources and are
			 not a pledge of the full faith and credit of the State of Oregon.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.075, ORS 77.0102(L), ORS
				  777 & ORS 778
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0100 - Notice of Rulemaking (Proposed Permanent Rulemaking)

Current through Register Vol. 63, No. 7, July 1, 2024
In proposing to amend, repeal or adopt permanent administrative
				rules for this chapter, pursuant to ORS
				183.335(1)(a)
				and 183.341(4):
(1) The Department shall at a minimum do the
			 following with respect to those listed in section (2) of this rule:
(a) Furnish a copy of the notice of proposed
			 rulemaking, as published or to be published in the Oregon Bulletin consistent
			 with ORS 183.335(1)(b);
			 and
(b) Make available a copy of
			 the proposed rule language to be amended or adopted.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0200 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Division 001 and any statutorily mandated element in the other divisions of the
			 State of Oregon Attorney General's Uniform and Model Rules (OAR Chapter 137),
			 pursuant to the
Administrative Procedures Act
(ORS Chapter
			 183), are hereby incorporated into and adopted as part of this division of
			 administrative rules, by reference. These and other relevant documents are
			 published in the Attorney General's "Administrative Law Manual," which may be
			 obtained from the Oregon Department of Justice, Publications Section, Justice
			 Building Room 16, 1162 Court Street NE, Salem, OR 97301-4096.
(2) No internal guidance materials of the
			 Department for purposes of administrative rules are incorporated into or
			 adopted as part of this division of administrative rules, in any way, and such
			 materials are not binding on the rulemaking procedures of the Department except
			 insofar as they coincide with requirements pursuant to section (1) of this
			 rule.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  183.335,
				  183.341 &
				  183.355, and Chapters 285A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0300 - Waivers of Provisions Provided by Rule in This Chapter

Current through Register Vol. 63, No. 7, July 1, 2024
The Director or the Director's designee may formally waive
				requirements otherwise prescribed by this chapter of administrative rules, if
				such a waiver serves to further the goals and objectives of ORS Chapters 285A,
				285B and 285C and results in sound economic development or job creation in the
				state, such that:
(1) The requirement
			 must be an invention of the administrative rule itself, and not arise from
			 policies established by the Commission or from any state or federal law,
			 including cases where state law might in some way be ambiguous, but the
			 administrative rule is considered to correctly and optimally clarify or
			 interpret that law;
(2) This rule
			 applies whether or not the division of administrative rule similarly provides
			 for waiver by the Director; and
(3)
			 This rule does not interfere with other ways to make exceptions or to provide
			 flexibility, as described elsewhere for certain administrative rules, and it is
			 not meant to substitute for the timely amendment of administrative
			 rules.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS 285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0500 - Commission Committees

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of advisory and technical committees for the
				Commission:
(1) These committees are
			 different from, and this rule does not apply to, statutory boards or
			 commissions affiliated with the Department, but whose appointment, authority,
			 duties and relationship to the Commission, if any, are prescribed (such as the
			 Oregon Arts Commission under ORS
			 359.010 to
			 359.137) by the Legislative
			 Assembly.
(2) The committees under
			 this rule, which are part of the Department and are public bodies as
			 subsidiaries to the Commission, consist of Ad Hoc Committees established solely
			 by authority of the Commission and operating at its discretion under ORS
			 285A.060.
(3) An Ad Hoc Committee ("it" for purposes of
			 this section), as defined in subsection (2) of this rule, is subject to the
			 following parameters:
(a) The Commission must
			 create it by a formal and public action for a certain definite period, or
			 otherwise it may exist and operate until the Commission terminates or suspends
			 it;
(b) The chair of the Commission
			 is primarily responsible for appointing each of its members, which serve at the
			 chair's pleasure (the Director or designee is always an ex officio member), and
			 for determining its makeup and similarly fundamental attributes;
(c) Its membership shall broadly reflect the
			 different geographic regions of this state, and at least one of its members
			 shall reside east of the Cascade Range;
(d) It shall provide advice and
			 recommendations to the Commission or the Department, although it may exercise,
			 on a day-to-day basis, such duties or powers as the Commission delegates to
			 it;
(e) It is subject to the
			 Commission's review and to reporting its decisions, actions and agenda for
			 future meetings, which any member of the Commission may attend;
(f) It may adopt standards and procedures for
			 its activities, with or without direction from the Commission; and
(g) Regardless of anything described in this
			 chapter of administrative rules, the Commission reserves the discretion to
			 change any delegation and directive related to its future functions, at any
			 time.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0520 - Finance Committee for the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
The Finance Committee is an Ad Hoc Committee that has been
				formed and empowered by the Commission in accordance with ORS
				285A.060 such that:
(1) The Commission charges the Finance
			 Committee (pursuant to divisions of this chapter of administrative rules) with
			 the following:
(a) Immediate oversight and
			 the approval of projects and proposals under the following business finance
			 programs:
(A) Economic Development Revenue
			 Bonds (division 011);
(B) Oregon
			 Business Development Fund (division 017); and,
(C) Beginning and Expanding Farmer Loan
			 Program (division 052);