Oregon Administrative Code

125-045-0255 Procedure for Submitting Property Transactions and Inventory Information for PLAC Review (1) Agencies must provide all information for PLAC review to the Division three weeks before the scheduled PLAC meeting. The Division will review the information provided for com…

125-045-0260 Procedure for PLAC Review (1) The Division will forward written material for PLAC review to the PLAC members at least two weeks in advance of a scheduled PLAC meeting. (2) The Transacting Agency or the Division, as appropriate, will present the transaction or report …

125-045-0265 State Land Inventory and Property Management (1) The Division or hosting Agency, will keep current a State Land Inventory System of all State Real Property Interests that identifies property as In Reserve, In Use, or Surplus to Agency need. This database will catalog…

125-045-0270 State Land Inventory System Costs (1) The Division will be reimbursed for the costs incurred in carrying out the Clearinghouse Process, which gathers data for the State Land Inventory System, through continuous appropriation from State Agencies owning real property. …

125-050-0100 State Surplus Property Definitions In addition to the definitions contained in ORS 279A.250 and OAR 125-246-0110, the following definitions apply to these Rules on State Surplus Property: (1) "Bid" means a competitive Offer to purchase advertised Surplus Property at …

125-050-0200 Disposition and Accounting of State Owned Property State Agencies shall follow Oregon Accounting Manual Policy 15.55.00.PO or other state policy when removing, transferring, recycling, scrapping or otherwise disposing of Property in their possession that was purchase…

125-050-0300 Eligibility of State Agencies, Political Subdivisions and Non-Profit Organizations Prior to offering Surplus Property for public sale, the State Surplus Property Program must make Surplus Property available to the following: (1) State Agencies; (2) Political subdivis…

125-050-0310 State Surplus Property Acquisition (1) Recipients of state Surplus Property must have funds available at the time property is acquired, and pay all costs and charges incidental to the acquisition within thirty (30) calendar Days from the date of invoice. Invoices out…

125-050-0400 Public Sales for Disposal of State Surplus Personal Property (1) Conduct. The Department must conduct public sales for the disposal of state Surplus Property. Methods of disposal may include, but not be limited to: internet auctions, oral auctions, sealed bid sales a…

125-055-0005 Definitions As used in OAR 125-055-0005 to 125-055-0045: (1) "Agency" means a public agency, as defined in ORS 279.835(5). (2) “Community Rehabilitation Program” (CRP) means a nonprofit organization for Individuals with Disabilities providing or facilitating one or m…

125-055-0010 Policy (1) As required by ORS 279.850(1), Agencies that intend to procure a product or service that is listed on the Procurement List must procure that product or service, at the Price determined by the Department, from an OFC if the product or service is of specific…

125-055-0015 Application for Oregon Forward Qualified Nonprofit Agency Participation (1) A CRP that seeks to participate in the Oregon Forward Program must submit a complete application to the Department on a Department-prescribed form. Exhibits submitted with the application mus…

125-055-0016 OFC Status and Annual Reporting (1) An OFC is required, during the OFC's fiscal year, to adhere to the direct labor requirement as described in OAR 125-055-0005(9)(c). (2) All participating OFCs must submit, on a Department-prescribed form, information from their pre…

125-055-0017 Record Keeping (1) All participating OFCs must maintain current records for each Individual with a Disability employed by the organization. The records must contain the disability documentation source and when required, a Competitive Employment statement. A Competiti…

125-055-0020 Determination of Suitability of Product or Service (1) The Department will publish and maintain a Procurement List that identifies the products and services of OFCs suitable for procurement by Agencies. No Agency or OFC may enter into or renew a contract under the Or…

125-055-0025 Review of Suitability Determinations (1) The Department reserves the right to review suitability determinations as changes in rules, laws, market conditions and OFC contractor performance occur. Information that was not available to the Department during the initial …

125-055-0030 Determination of Price (1) Under ORS 279.845(1)(a), the Department will determine the Price of Oregon Forward products and services placed on the Procurement List. (2) The Price determined by the Department will be a reasonable and adequate Price that will recover fo…

125-055-0035 Direct Labor Audits (1) If an OFC’s gross revenues generated under the Oregon Forward Program exceed $100,000 annually, the OFC must conduct an independent audit of direct labor to maintain qualifications and listing on the Procurement List. Independent audits must b…

125-055-0037 OFC Contract Termination and Successor Contractor Requirements (1) Definitions applicable to this rule, 125-055-0037: (a) Three categories of Oregon Forward Program services are subject to the requirements of this rule. Other Oregon Forward service categories are not…

125-055-0040 General Provisions (1) Contracting Authority. The Department and other Agencies must contract directly with an OFC for a Contract to qualify for the exception from the competitive procurement requirement in ORS 279A.025 for Contracts under the Oregon Forward Program.…

125-055-0045 Purchases under ORS 279.855 (1) OFCs, residential programs and public benefit corporations recognized by ORS 279.855 may acquire equipment, materials, supplies and services under the same conditions as state agencies that, under ORS 279A.040, are not subject to the r…

125-055-0100 Purpose — HIPAA Privacy and Security Rule Implementation; HITECH Act Implementation. (1) The purpose of these rules is to set forth the requirements that a contractor who is a Business Associate of an Agency must abide by in order to comply with the Business Associat…

125-055-0105 Definitions For purposes of rules 125-055-0100 through 125-055-0130 the following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the same meaning as those terms in the Privacy Rule and the Security Rule and the HITECH A…

125-055-0115 Business Associate Contract Provisions (1) A Contractor that is a Business Associate of an Agency must: (a) Not use or disclose Protected Health Information or Electronic Protected Health Information other than as permitted or required by this Rule and the Contract, …

125-055-0120 Order of Precedence In the event of a conflict between this Rule and the provisions of the Contract, this Rule shall control. In the event of a conflict between this Rule and the Privacy Rule or the Security Rule or the HITECH Act, or the provisions of the Contract a…

125-055-0125 Methods of Compliance In addition to referencing compliance with this Rule in a Contract with a Business Associate, Agency may comply with this Rule in any of the following ways: (1) Memorandum of Understanding. If a Business Associate is a government entity, the par…

125-055-0130 Standards in Individual Contracts (1) Agency and Business Associate may enter into a Contract that contains more stringent standards than those set forth in this Rule as long as such standards do not violate the requirements of the Privacy Rule or the Security Rule o…

125-060-0000 State Agency Housing Provided to State Officers or Employees (1) As required by ORS 182.415 to 182.425, every state agency that provides housing for its officers or employees shall collect a rental for such housing. An exception is allowed in cases where employment c…

125-060-0005 Management of the Capitol Mall Housing Units (1) ORS 276.046 and 276.054, authorizes the Department to purchase or acquire by agreement or donation, for development as a part of the Capitol area, the land lying in the area of the City of Salem bordered by Capitol and…

125-070-0000 Gifts and Donations for the Benefit of the Programs of the Real Property Division (1) As authorized under ORS 276.005(3), the Department may accept on behalf of the State of Oregon any gifts, grants and donations from public and private sources for the purposes set o…

125-075-0000 Restrictions on the Use of Capitol Mall Heliport (1) The Capitol Mall Heliport, located at the open recessed area between the State Library Building and the Public Service Building, is a non-public, restricted use facility registered with the State of Oregon Aeronaut…

125-075-0005 Use of the Capitol Mall Area Parks and Grounds (1) The State Capitol grounds including Willson Park, Capitol Park, and other parks and grounds in the Capitol area as defined in ORS 276.010, save and except that property used for residential purposes located in the no…

125-075-0010 Public Use of Meeting Rooms in State Buildings Under the Department of Administrative Services’ Control (1) Pursuant to ORS 276.440 and other related provisions of ORS Chapter 276, the Department may permit and schedule the occasional use of certain meeting rooms in …

125-075-0015 Possession or Use of Firearms, Alcoholic Beverages and Illegal Substances on the Grounds, Parking Areas (Structures, Facilities, Lots) and Premises of Buildings Under Department Control (1)(a) Possession or use of firearms or other weapons of any kind, including any …

125-080-0000 Vending Facilities in State Buildings or Grounds Under the Department of Administrative Services’ Control (1) No person, firm or state agency may place any vending facility in any Department of Administrative Services controlled state office buildings and grounds wit…

125-080-0005 Cafeterias in State Office Buildings Under the Department of Administrative Services’ Control (1) Pursuant to ORS 276.431(2), the Department of Administrative Services may lease any suitable space in state office buildings owned or leased by the Department to restaur…

125-080-0010 Sales or Solicitations in State Office Buildings Under the Department of Administrative Services’ Control (1)(a) In any state office building premises under the jurisdiction of the Department of Administrative Services, any temporary walk-in sales activity or solicit…

125-085-0000 State Recycling Program (1) The Department of Administrative Services shall operate the state agencies recycling program established under ORS 279 .560 by contracting with persons or firms for the collection, processing, and marketing of such recyclable products. Ter…

125-090-0000 Definitions As used in this chapter 125, division 90 (“these rules”), unless the context requires otherwise: (1) “ADA” means the Americans with Disabilities Act. (2) “Applicant” means any person applying to DAS for authorization to use a Parking Facility for Motor Ve…

125-090-0002 Purpose (1) DAS establishes these rules to regulate the use of Parking Facilities for parking of Motor Vehicles and Bicycles and to provide for other transportation uses consistent with the policies stated in ORS 276.591 and Executive Order 17-21. (2) DAS, through th…

125-090-0003 Eligibility (1) Requirements for assignments in Parking Facilities: DAS may limit Parking eligibility to any State Employee based on the State Employee’s Work Location. DAS may limit eligibility at any Parking Facility controlled by DAS to State Employees whose Work …

125-090-0004 Parking Facilities Subject to DAS Management and Control A current list of Parking Facilities subject to these rules are available at the DAS Fleet and Parking Services website. Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100 Stat…

125-090-0015 Rates for Parking Facility Uses; Time of Review; Notice (1) This rule provides for establishing and reviewing and revising rates and charges for the use of Parking Facilities. (2) DAS shall conduct an annual review of the rates and charges to be imposed for parking a…

125-090-0025 Terms Under Which Parking Facilities Are Leased (1) Parking Facilities are for the Parking of Motor Vehicles and Bicycles and other transportation uses as DAS determines are appropriate. In determining the use of Parking Facilities DAS shall first give priority to th…

125-090-0035 Base Rates for Parking; Adjustments; Special Rates for Other Uses (1) Under ORS 276.594, DAS has authority to establish rates and charges for parking Motor Vehicles and for other transportation uses in Parking Facilities. DAS declares that there is a market for Comme…

125-090-0065 Schedule of Base Rates and Charges for Parking Facilities (1) The Schedule of Base Rates and Charges for Parking Facilities is published on the DAS Fleet and Parking Services website. (2) Unless otherwise specified in the Schedule, the rates published in the Schedule…

125-090-0075 Payment for Daily Use of Parking Facilities (1) Unless otherwise permitted by OAR 125-090 or authorized by DAS Parking Services, State Employees are required to personally pay for daily Parking costs within the Capitol Mall Parking Area, at the Portland State Office …

125-090-0085 Payment for Monthly Use of Parking Facilities (1) State Employees who have a Work Location within the Capitol Mall Parking Area, at the Portland State Office Building, or the Eugene State Office Building are required to pay the cost of their own Parking needs. State …

125-090-0095 General Rules; Parking for State Employees with Disabilities and Other Particular Rules (1) Persons operating vehicles in Parking Facilities are subject to the following rules. (a) A person may not stop or Park a Motor Vehicle in a Parking Facility at a time or in an…

125-090-0105 Priority of Assignment; Reassignment; Waiting Lists (1) DAS finds that there is more demand for Motor Vehicle Parking than spaces available in Parking Facilities. DAS shall reasonably attempt to observe the ascending order of Applicant priority in Section (2) for ass…