reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0111 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with the procedures set
			 forth in OAR 617-040-0130 and OAR 617-040-0140, the Oregon Dairy Products
			 Commission shall provide to a qualified member of the Oregon Dairy Products
			 Commission:
(a) Per diem compensation equal to
			 the per diem paid to members of the Legislative Assembly under ORS 171.072, for
			 each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0121 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with the procedures set
			 forth in OAR 617-04-0130, and only if there are funds available in the budget
			 for such compensation, the Oregon Dairy Products Commission shall provide to a
			 non-qualified member of the Oregon Dairy Products Commission who is not
			 employed in full-time public service per diem compensation equal to the per
			 diem paid to members of the Legislative Assembly under ORS 171.072, for each
			 day or portion thereof during which the non-qualified member is actually
			 engaged in the performance of official duties.
(2) In accordance with the procedures set
			 forth in OAR 617-040-0140, the Oregon Dairy Products Commission shall provide
			 to a non-qualified member of the Oregon Dairy Products Commission reimbursement
			 of actual and necessary travel or other expenses actually incurred in the
			 performance of a non-qualified member's official duties within the limits
			 provided in Oregon Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Dairy Products Commission may decline to accept compensation or reimbursement
			 of expenses related to the non-qualified member's service on the Oregon Dairy
			 Products Commission.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0131 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Dairy Products Commission no later than the 15th day of the calendar
				month following the month for which the member seeks compensation. For example,
				a claim for compensation for May 1 and May 10 must be submitted by June 15. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS 576.265 & ORS
				  576.304
Statutes/Other Implemented: ORS 576.265 & ORS
				  292.495
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 40 - PER DIEM COMPENSATION, REIMBURSEMENT OFTRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE › Section 617-040-0141 - COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member must
			 submit a written, itemized claim for reimbursement of actual and necessary
			 travel or other expenses to the Oregon Dairy Products Commission no later than
			 the 15th day of the calendar month following the month in which the member
			 incurred the expense. For example, a claim for compensation for May 1 and May
			 10 must be submitted by June 15. The claim for reimbursement must include the
			 following information for each expense:
(a)
			 Date on which the member incurred the expense;
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0010 - Purpose of Public Records Request Processing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To implement the provisions of ORS
			 192.324(7) that require each public body to publish its methods for the public
			 to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Dairy
			 Products Commission records and to prevent interference with the regular
			 discharge of the commission duties, the commission adopts the procedures set
			 forth in this division. Procedures for review of any denial of public records
			 requests, or fee waiver or reduction, shall be in accordance with the
			 provisions of ORS 192.311 to 192.478.
(2) Capitalized terms in this division not
			 specifically defined are as defined in ORS 192.311.
(3) Commodity Commission is as defined in ORS
			 576, ORS 577 and ORS 578.
Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS 192.324, ORS
				  192.329
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0020 - Request to Inspect or Make Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy a
			 public record must be made in writing and must identify as specifically as
			 possible the type of record(s), subject matter, approximate date(s), names of
			 person(s), business or organization involved, and the number of copies
			 requested; and the name, address, email, and phone number of the person
			 requesting the public record(s).
(2) Requests must be sent to the
			 "Administrator/Public Records Information Officer" at the office of the
			 commission at 10505 SW Barbur Blvd., Portland, OR 97219. If the written request
			 is submitted in person to the commission at this address, the requester must
			 deliver it during the commission's business hours.
Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14),
				  ORS 183
Statutes/Other Implemented: ORS 192.324, ORS
				  192.329
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0030 - Commission Procedure for Responses to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission may request additional
			 information or clarification from a requester of public records for the purpose
			 of expediting the commission's response to the request.
(2) Within five business days after receiving
			 the request, the commission shall acknowledge receipt of the request or
			 complete the response to the request. An acknowledgment under this subsection
			 must:
(a) Confirm that the commission is the
			 custodian of the requested record; or
(b) Inform the requester that the commission
			 is not the custodian of the requested record; or
(c) Notify the requester that the commission
			 is uncertain whether the commission is the custodian of the requested
			 record.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0040 - Exceptions to Established Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The commission is not required to comply with the time periods set forth in
			 this division if the commission finds that compliance would be impracticable
			 because:
(a) The staff or volunteers necessary
			 to complete a response to the public records request are unavailable, on leave,
			 or are not scheduled to work; or
(b) Compliance would demonstrably impede the
			 commission's ability to perform other necessary services; or
(c) Of the volume of public records requests
			 being simultaneously processed by the commission.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0050 - Fee for Cost of Making Public Records Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following fees are reasonably
			 calculated to reimburse the commission for the commission's actual cost of
			 making public records available, including costs for summarizing, compiling or
			 tailoring the public records, either in organization or media, to meet the
			 request.
(a) Records search by clerical staff
			 @ $25.00 per hour;
(b) Records
			 search by managerial staff @ $40.00 per hour;
(c) Records search by professional or legal
			 staff @ $75.00 per hour;
(d) Copies
			 @ current state printing & distribution price list;
(e) Media @ statewide price
			 agreement;
(f) Postage @ current
			 postal rates;
(g) If the request
			 appears to require commission services for which no fee has been established
			 (computer time, travel, shipping cost, communication costs, etc.) the actual
			 cost shall be determined or estimated by the commission.
Oregon Administrative Rules › Chapter 617 - DEPARTMENT OF AGRICULTURE, OREGON DAIRY PRODUCTS COMMISSION › Division 50 - PUBLIC RECORDS REQUEST › Section 617-050-0060 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 requesting a fee waiver or reduction from the commission must submit a
			 completed Fee Waiver or Reduction Request Form available from the commission to
			 the commission at the address provided in 617-050-0020.
(2) The commission may furnish copies without
			 charge or at a substantially reduced fee if the commission determines that a
			 fee waiver or reduction of fees is in the public interest because making the
			 record available primarily benefits the general public.
(3) To determine whether to waive or reduce
			 fees, the commission shall utilize the Public Interest Evaluation Form as
			 provided in DAS policy 107-001-030.
(4) The reduced fee schedule is that listed
			 in Department of Administrative Services policy 107-001-030:
(a) Clerical: $20 per hour;
(b) Managerial: $32 per hour;
(c) Professional: $60 per hour;
(d) Department of Justice, special attorney
			 or ot her applicable legal fees;
(e) Copies, media, and postage fees will be
			 based on current rates.
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0010 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule, the Oregon Wine Board will give notice of the proposed adoption, amendment or repeal:
(1) In the Secretary of State's Oregon Bulletin referred to in ORS 183.360, at least 21 days prior to the effective date of the rule;
(2) By mailing a copy of the notice, at least 28 days prior to the effective date of the rule, to persons on the Oregon Wine Board's Oregon winery and vineyard mailing list and to persons who have requested such notice in accordance with ORS 183.335(8);
(3) By posting notice on the Oregon Wine Board website at least 28 days prior to the effective date of the rule; and
(4) By mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule.
Stat. Auth.: ORS 576.766(1)
Stats. Implemented: ORS576.768(2)(b)
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0020 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2005, are adopted as the rules of procedure for the Oregon Wine Board and shall be followed in all matters except where a different procedure is prescribed by statute or in OAR chapter 619.
Stat. Auth.: ORS 576.766(1)
Stats. Implemented: ORS576.768(2)(b)
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules, the following definitions apply.
(1) "Board" means the Oregon Wine Board established pursuant to ORS 576.753.
(2) "Director" means the director of the Oregon Economic and Community Development Department.
Stat. Auth.: ORS 576.766(1)
Stats. Implemented: ORS576.768(2)(b)
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0040 - Development of Draft Annual Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each fiscal year, the Oregon Wine Board will prepare draft annual plans for promotion and research during the next fiscal year.
(2) The draft annual plan for promotion will include, but are not limited to, the following elements:
(a) A description of how the Board will support the promotion of Oregon's wine grape growing and winemaking industries; and
(b) Any other elements the Board considers appropriate to include in the draft plan for promotion.
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0050 - Development of a Draft Annual Budget

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each fiscal year, the Oregon Wine Board will prepare a draft annual budget for the next fiscal year.
(2) The draft annual budget will itemize the anticipated expenditures for each element of the corresponding draft annual plans, as described above in 619-001-0040, and will use classifications of expenditures and revenues required by ORS 291.206(1).
Stat. Auth.: ORS 576.766(1)
Stats. Implemented: ORS576.768(2)(b)
Oregon Administrative Rules › Chapter 619 - OREGON WINE BOARD › Division 1 - PROCEDURAL RULES › Section 619-001-0060 - Adoption of Annual Plans and Budget

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By February 1 of each year, the Board will make the draft annual budget and annual plans for promotion and research, developed pursuant to 619-001-0040  and 0050 above, available for public review by:
(a) Mailing copies to persons requesting copies; and
(b) Posting the draft annual budget and annual plans on the Oregon Wine Board's website.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 1 - PROCEDURAL RULES › Section 623-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Hazelnut Commission will give notice of the intended action:
(1) In the Secretary of State's Bulletin,
			 referred to in ORS 183.360, at least 28 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Hazelnut Commission's
			 mailing list, established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in
			 Commission's rulemaking and publications whose readers have an interest in
			 Commission activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 10 - SALE AND ASSESSMENT › Section 623-010-0005 - Casual Sale

Current through Register Vol. 63, No. 7, July 1, 2024
"Casual sale" means any sale or sales of hazelnuts made by the
				producer direct to the consumer where the total accumulated sales during a
				fiscal year is not more than two hundred and fifty (250) pounds, in-shell
				basis.
Stat. Auth.: ORS 576
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 10 - SALE AND ASSESSMENT › Section 623-010-0010 - Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, for all transactions occurring on or after October 1, 2022, involving
			 hazelnuts grown in Oregon, the first purchaser shall deduct and withhold an
			 assessment of $.0085 per pound or $17 per ton on merchantable weight in-shell
			 hazelnuts and $.01934 per pound or $38.68 per ton on all shelled hazelnuts from
			 the price paid the producer.
(2)
			 All casual sales of hazelnuts shall be exempt from said assessment.
(3) ORS 576.345: When a first purchaser lives
			 or has his office in another state or is a federal or other governmental
			 agency, the producer shall report all sales made to such purchaser on forms
			 provided by and pay the tax assessment directly to the Commission, unless such
			 first purchaser voluntarily makes the proper deduction and remits the proceeds
			 to the Commission.
(4) Any producer
			 who performs the handling or processing functions on all or a part of the
			 production of hazelnuts, which normally would be performed by another person as
			 the first purchaser thereof, shall report the sales on such self-produced
			 hazelnuts on forms provided by and pay the assessment moneys directly to the
			 Commission, unless the purchaser from such producer voluntarily makes the
			 proper deduction and remits the proceeds to the Commission.
Statutory/Other Authority: ORS 576.304(2), 576.304(14) &
				  576.325
Statutes/Other Implemented: ORS 576.304(2), 576.304(14) &
				  576.325
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 10 - SALE AND ASSESSMENT › Section 623-010-0011 - Payment of Assessments on Filbert Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
First purchasers and handlers must submit completed and signed
				assessment reports on commission approved forms. Assessment reports shall include
				all purchases by or deliveries to a first purchaser or handler of hazelnuts.
				Assessment collections that total $100 or more per month must be reported monthly.
				Assessments of less than $100 per month must be reported quarterly. Monthly
				assessment reports are due in the commission office by 5:00 p.m. on the 20th day of
				the month following the calendar month in which the reported hazelnuts were sold.
				Quarterly assessment reports are due in the commission office by 5:00 p.m. on the
				20th day of the reporting month specified below.
(1) January, February, March assessments of less
			 than $100 reported in April;
(2) April,
			 May, June assessments of less than $100 reported in July;
(3) July, August, September assessments of less
			 than $100 reported in October;
(4)
			 October, November, December assessment of less than $100 reported.
Statutory/Other Authority: ORS
				  576
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 623-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Hazelnut Commission will consist of eight members
				appointed by the Director of the Oregon Department of Agriculture for a term of
				three years or; if for a term following a prior term for that person, ending
				three years from the date of expiration of any prior term.
Stat. Auth.: 2003 OL Ch. 604, ORS 576.
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 623-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment on the commodity in each of
			 the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 623-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may remove a commissioner from
			 office, and declare the position vacant for cause, including the following
			 reasons:
(a) Two unexcused absences, or other
			 neglect of duty in office;
(b) Use
			 of the commission appointment for financial gain or to avoid financial
			 detriment;
(c) Unauthorized use or
			 disclosure of confidential information;
(d) Conduct in violation of Oregon government
			 standards and practices laws;
(e)
			 Misappropriation or misuse of commission funds;
(f) Failure to satisfy one or more
			 qualifications for appointment.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0005 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the availability of funds in the budget of the commission, the
			 Oregon Hazelnut Commission must pay any member of the commission, other than a
			 member who is employed in full-time public service, compensation for each day
			 or portion thereof during which the member is actually engaged in the
			 performance of official commission duties.
(2) The rate of compensation is limited to
			 $30 per day, pursuant to ORS
			 292.495(1).
(3) In order to receive compensation, a
			 member must submit to the Oregon Hazelnut Commission a written claim for
			 compensation by the 10th day of the calendar month following the month for
			 which the member seeks compensation. The member must specify the amount of time
			 the member spent on official commission duties as well as the nature of the
			 duties performed for any day or portion thereof for which the member claims
			 compensation.
Stat. Auth.: ORS
				  292.495,
				  576.206 &
				  576.416.
Stats. Implemented: ORS
				  292.495,
				  576.206(7),
				  576.265
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0010 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to sections (2)--(6) of this
			 rule, a member of the Oregon Hazelnut Commission, including a member employed
			 in full-time public service, may receive actual and necessary travel and other
			 expenses actually incurred in the performance of the member's official
			 duties.
(2) In order to receive
			 reimbursement of actual and necessary travel and other expenses, a member must
			 submit to the Oregon Hazelnut Commission a written itemized claim for
			 reimbursement supported by receipts, invoices or other appropriate
			 documentation for travel and other expenses by the 10th day of the calendar
			 month following the month in which the member incurred the expense. The claim
			 for reimbursement must include the following information for each expense:
(a) Date on which the member incurred the
			 expense; and
(b) Nature of the
			 expense; and
(c) Amount of
			 expense.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0015 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 623-049-0010, "other
			 expenses" includes expenses incurred by a member of the Oregon Hazelnut
			 Commission in employing a substitute to perform duties, including personal
			 duties, normally performed by the member, which the member is unable to perform
			 because of the performance of official duties and which, by the nature of such
			 duties, cannot be delayed without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day, pursuant to ORS
			 292.495(3).
Stat. Auth.: ORS
				  292.495
Stats. Implemented: ORS
				  292.495,
				  576.206(7)
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and
			 necessary" means that a travel or other expense:
(a) Is an actual expense incurred by a member
			 in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 623-040-0130  and OAR 623-040-0140, the
			 Oregon Hazelnut Commission shall provide to a qualified member of the Oregon
			 Hazelnut Commission:
(a) Per diem compensation
			 equal to the per diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 623-040-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Hazelnut Commission
			 shall provide to a non-qualified member of the Oregon Hazelnut Commission who
			 is not employed in full-time public service per diem compensation equal to the
			 per diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the non-qualified member is
			 actually engaged in the performance of official duties.
(2) In accordance with the procedures set
			 forth in OAR 623-040-0140, the Oregon Hazelnut Commission shall provide to a
			 non-qualified member of the Oregon Hazelnut Commission reimbursement of actual
			 and necessary travel or other expenses actually incurred in the performance of
			 a non-qualified member's official duties within the limits provided in Oregon
			 Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Hazelnut Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Hazelnut
			 Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Hazelnut Commission no later than the 15th day of the calendar month
				following the month for which the member seeks compensation. For example, a
				claim for compensation for May 1 and May 10 must be submitted by June 15. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENTS › Section 623-040-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member
			 must submit a written, itemized claim for reimbursement of actual and necessary
			 travel or other expenses to the Oregon Hazelnut Commission no later than the
			 15th day of the calendar month following the month in which the member incurred
			 the expense. For example, a claim for compensation for May 1 and May 10 must be
			 submitted by June 15. The claim for reimbursement must include the following
			 information for each expense:
(a) Date on
			 which the member incurred the expense;
(b) Nature of the expense; and
(c) Amount of the expense.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 1 - PROCEDURAL RULES › Section 624-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
So as to provide a reasonable opportunity for interested
				persons to be notified of the Commission's proposed administrative actions, the
				Commission shall give notice of its proposed adoption, amendment or repeal of
				any administrative rule in the following manner:
(1) By causing the notice to be published in
			 the Secretary of State's Bulletin, referred to in ORS
			 183.360, at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Alfalfa Seed
			 Commission's mailing list established pursuant to ORS
			 183.335(7), at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Association with an interest in the
			 Commission's rulemaking and publications whose readers have an interest in the
			 Commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Person" means
			 any individual, corporation, association, partnership or joint stock
			 company.
(2) "Commission" means the
			 Oregon Alfalfa Seed Commission.
(3)
			 "Casual Sale" means any casual sale or sales of Alfalfa seed made by the
			 producer direct to the consumer where the total accumulated sales during a
			 calendar year is not more than 100 pounds
(4) "First Purchaser" means any person who
			 buys alfalfa seed from the producer in the first instance, or handler who
			 receives alfalfa seed in the first instance from the producer for resale or
			 processing.
(5) "Producer" is a
			 person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or
			 otherwise.
(6) "Handler" is any
			 producer, processor, distributor or other person engaged in handling or
			 marketing of or dealing in the commodity, whether as owner agent, employee,
			 broker or otherwise. A handler must have collected the commission assessment,
			 if any, each of the preceding three calendar years.
(7) Alfalfa Seed consists of the varieties
			 Medicago sativa L., Medicago falcata L., and Medicago variamedia and includes
			 all varieties, both certified and common seed.
(8) "Net Paid for Weight" means all sales or
			 bartered pounds paid for.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.305
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0010 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 first purchaser shall deduct and withhold an assessment of 35 cents ($.35) per
			 cwt or three and one-half hundredths cents ($.0035) per pound from the price
			 paid to the producer thereof, after July 1, 1990, for all alfalfa seed produced
			 in Oregon (See definition of "First Purchaser".)
(2) All casual sales of Alfalfa Seed shall be
			 exempt from the assessment.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.305
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0020 - Reports and Payment of Assessment Monies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers must submit
			 completed and signed assessment reports on commission approved forms.
			 Assessment reports will include all purchases by or deliveries to a first
			 purchaser or handler of alfalfa seed. Assessment reports are due in the
			 commission office by 5:00 p.m. on the 15th day of the month, on a monthly or
			 quarterly period, at the handler's option. If reporting on a quarterly basis,
			 the deadlines are:
(a) January, February,
			 March report by April 15th;
(b)
			 April, May, June report by July 15th;
(c) July, August, September report by October
			 15th;
(d) October, November,
			 December report by January 15th.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0030 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Penalty for
			 delaying transmittal of assessment monies. In addition to the penalties
			 prescribed in ORS 576.991, any first purchaser or
			 other person who delays transmittal of funds beyond the time set by the
			 Commission will pay 10 (ten) percent of the amount due and one and one-half (1
			 1/2%) percent interest per month on the unpaid balance of the
			 assessment.
(2) A commission may
			 waive the penalty and interest described above upon showing of good
			 cause.
Stat. Auth.: ORS 576, 2003 OL, Chapter 604
Stats. Implemented: ORS
				  576.305
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0040 - Effective Date of Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The assessment to be withheld and paid by a first purchaser or
				handler, as required by ORS Chapter 576 and OAR 624-010-0010, the reports
				required by him or delivery on or after July 1, 1990, of an alfalfa seed
				produced in Oregon.
Stat. Auth.: ORS 576
Stats. Implemented: ORS
				  576.305
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0050 - Refund of Parts of Assessment Used for Advertising and Product Promotion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any producer or
			 first purchaser who has paid an assessment pursuant to OAR
			 624-010-0010  may
			 apply to the Commission for a refund of that portion of the assessment that has
			 been used for advertising and product promotion during the preceding fiscal
			 year. Notwithstanding the foregoing, applications will only be accepted for
			 refunds for assessment paid after January 16, 2004, the effective date of the
			 administrative rule authorizing refunds. An application for refund under this
			 rule must be submitted within 30 days after the close of the preceding fiscal
			 year.
(2) Refund applications under
			 this rule shall be made on forms provided by the Commission. Refund
			 applications must include proof of payment of the assessment, together with any
			 interest and penalties. Proof of payment may include any of the following:
			 settlement sheets, copies of checks, credit card statements, or receipts for
			 cash payments.
(3) Refund
			 applications under this rule, together with proof of payment, must bear the
			 notarized signature of the person seeking the refund, certifying the truth of
			 the information contained in the application. If the refund is sought by a
			 business entity (such as a corporation or partnership), the application must
			 bear the notarized signature of a person authorized to make the application on
			 the business entity's behalf. If the refund is sought by a person or entity for
			 an assessment that they paid on behalf of a producer, the application shall
			 include a signed, notarized statement from the producer assenting to the
			 application.
(4) Refund
			 applications under this rule that are incomplete, contain erroneous
			 information, or are otherwise deficient will be returned to the person seeking
			 the refund with an explanation of the deficiency. The Commission may request
			 additional information if necessary to evaluate the refund request.
(5) The Commission will either pay refunds
			 within 60 days of the end of the fiscal year or return the application as
			 incomplete, inaccurate, or otherwise deficient.
(6) Any person aggrieved by a decision to
			 deny refund, or to provide a refund in less than the amount sought, may appeal.
			 Appeals shall be in writing, filed with the Executive Director within 30 days
			 of the date of the decision complained of, and shall specifically state all
			 reasons for the appeal and the relief sought.
(7) When the Commission gives notice of its
			 annual budget hearing, it will include a specific statement of the amount
			 proposed to be budgeted for advertising and product promotion, if
			 any.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch.
				  604
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 624-010-0060 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 624-010-0050,
			 "advertising and product promotion" means any action taken to present a
			 favorable image of Oregon alfalfa seed to the general public or to the food and
			 agriculture industry for the purpose of improving the competitive position of
			 alfalfa seed and stimulating the sale of alfalfa seed.
(a) Without limiting the generality of the
			 foregoing, "advertising and product promotion" includes:
(A) Providing information to consumers that
			 is designed to enhance the image or sale of alfalfa seed;
(B) Consumer Education;
(C) Nutrition Education; and
(D) Providing funding to another person or
			 entity to carry out any of the above.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 624-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Alfalfa Seed Commission will consist of five (5)
				commissioners appointed by the Director of the Oregon Department of Agriculture
				for a term or three years or, if for a term following a prior term for that
				person, ending three years from the date of expiration of any prior
				term.
Stat. Auth.: ORS
				  576.206
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 624-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment, if any,on the commodity in
			 each of the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 624-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may recommend that the Director of the
				Department of Agriculture remove a commissioner from office, and declare the
				position vacant for the following reasons:
(1) Two consecutive unexcused absences, or
			 other neglect of duty in office;
(2) Use of the commission appointment for
			 financial gain or to avoid financial detriment;
(3) Unauthorized use or disclosure of
			 confidential information;
(4)
			 Conduct in violation of Oregon government standards and practices
			 laws;
(5) Misappropriation or
			 misuse of commission funds;
(6)
			 Failure to satisfy one or more qualifications for appointment.
(7) Not working for the positive economic
			 benefit of the commodity.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 30 - COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 624-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the first regular meeting of the Commission at the
				beginning of the new fiscal year, the Commission will elect from its members a
				Chair and a Vice Chair who will serve until their successors are elected and
				qualified.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206 & 576.41
Stats. Implemented:
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  292.495,
				  576.206,
				  576.265,
				  576.311,
				  576.416 &
				  576.440
Stats. Implemented:
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and
			 necessary" means that a travel or other expense:
(a) Is an actual expense incurred by a member
			 in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 624-040-0130  and OAR
			 624-040-0140, the Oregon Alfalfa Seed Commission shall provide to a qualified
			 member of the Oregon Alfalfa Seed Commission:
(a) Per diem compensation equal to the per
			 diem paid to members of the Legislative Assembly under ORS
			 171.072,
			 for each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 624 - DEPARTMENT OF AGRICULTURE, OREGON ALFALFA SEED COMMISSION › Division 40 - COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 624-040-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the procedures set forth in OAR 624-040-0130, and only if there
			 are funds available in the budget for such compensation, the Oregon Alfalfa
			 Seed Commission shall provide to a non-qualified member of the Oregon Alfalfa
			 Seed Commission who is not employed in full-time public service per diem
			 compensation equal to the per diem paid to members of the Legislative Assembly
			 under ORS
			 171.072,
			 for each day or portion thereof during which the non-qualified member is
			 actually engaged in the performance of official duties.
(2) In accordance with the procedures set
			 forth in OAR 624-040-0140, the Oregon Alfalfa Seed Commission shall provide to
			 a non-qualified member of the Oregon Alfalfa Seed Commission reimbursement of
			 actual and necessary travel or other expenses actually incurred in the
			 performance of a non-qualified member's official duties within the limits
			 provided in Oregon Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon
			 Alfalfa Seed Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Alfalfa
			 Seed Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265