Oregon Administrative Code

125-020-0030 Access to Public Records The Director or designee, in carrying out responsibilities of ORS 192.430, as custodian of public records: (1) Shall allow access to and disclosure of the public records subject to ORS 192.410 to 192.505. (2) Shall make restrictions and take …

125-020-0040 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record of the Department shall be made in writing to the Director, and shall include: (a) The name, address and telephone number of the requestor; (b) Identif…

125-020-0050 Fees for Public Records and Other Services (1) The Department will establish fees and miscellaneous charges, for providing access to or copies of public records in paper, electronic, or other format, based on the Department's actual costs of preparing and providing t…

125-030-0006 Annual Charitable Fund Drive Program (1) The purpose of the Annual Charitable Fund Drive Program is to: (a) Provide a wide range of choices for state employees and retirees from state service who wish to give to charitable organizations and support Oregon communities…

125-030-0016 Definitions As used in OAR 125-030-0000 through 125-030-0090: (1) "Charitable Organization" means either: (a) A nonprofit organization that is recognized as a 501(c)(3) organization under the Internal Revenue Code and is registered as a charitable organization with t…

125-030-0021 Charitable Fund Drive Committee (1) The Charitable Fund Drive Committee shall be composed of seven members, all of whom must be employees of the State of Oregon. (2) The Director shall appoint members who: (a) Reflect the diversity of employees including, but not lim…

125-030-0031 Quorum A majority of the members of the Charitable Fund Drive Committee constitutes a quorum for the transaction of business. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. e…

125-030-0041 Participation Requirements for Charitable Organizations (1) To participate in the Annual Charitable Fund Drive, each organization claiming to be a charitable organization must participate as a member of an eligible fund or federation and must satisfy each of the foll…

125-030-0051 Participation Requirements for Funds and Federations (1) To participate in the Annual Charitable Fund Drive, each fund or federation must satisfy each of the following requirements: (a) The organization must meet the definition of “charitable organization” in OAR 125…

125-030-0061 Charitable Fund Drive Management Organization (1) The Charitable Fund Drive Committee will select a person or organization as the Charitable Fund Drive Management Organization through an open competitive process. (2) The selection process will consider cost, experien…

125-030-0071 Charitable Fund Drive Costs (1) It is the responsibility of the Charitable Fund Drive Committee to allocate the costs of the fund drive to each participating fund and federation. The Charitable Fund Drive Committee will consider such factors as the contributions rece…

125-030-0083 Appeals (1) Funds and federations may appeal: (a) Denial of participation; (b) Removal from participation; and (c) Actions of the Charitable Fund Drive Committee with respect to the Committee's policies and procedures. (2) Any appeal by a fund or federation must be i…

125-030-0090 Designation of Direct Recipients Funds and federations shall allow state employees and retirees to designate any affiliated charitable organization eligible to participate in the Annual Charitable Fund Drive as the direct recipient of an employee’s or retiree’s contr…

125-035-0005 Authority The Department of Administrative Services, State of Oregon, is authorized by ORS 279.820 to acquire, warehouse and distribute federal surplus property from the Government of the United States or any surplus property disposal agency thereof (all such propert…

125-035-0010 Designation of the State Agency The plan, as required in FPMR 101-44.202 shall be administered by the Transportation, Purchasing and Print Services Division, Department of Administrative Services, Surplus Property Section, hereafter referred to as the State Agency fo…

125-035-0015 Inventory Controls and Accounting Systems The following shall be the responsibility of the SASP when acquiring Federal surplus property for the distribution center inventory and reallocating it to donees: (1) Inventory Controls: (a)(A) Immediately upon receipt, Feder…

125-035-0020 Return of Donated Property by Donee (1) When a determination has been made that federal surplus property has not been put to use by a donee within one year from the date of receipt of the property or the donee has not used the property for one year thereafter under t…

125-035-0025 Financing and Service Charges (1) ORS 279.822 authorizes the use of the Department of Administrative Services Operating Fund (the Fund) to finance the acquisition and distribution of Federal surplus property. The Fund is maintained by the collection of service and ha…

125-035-0030 Terms and Conditions on Donated Property (1)(a) The SASP shall require each donee, as a condition of eligibility for receiving allocation(s) of Federal surplus property, to file with the SASP an application, certification and agreement form establishing the terms, co…

125-035-0035 Non-Utilized Donated Property (1) All Federal surplus property in the possession of the SASP for 18 months, which cannot be utilized by eligible donees, shall be reported to the General Services Administration for disposal authorization in accordance with FPMR 101-44…

125-035-0040 Fair and Equitable Distribution The SASP shall make Federal surplus property available to eligible donees in the state on a fair and equitable basis. (1)(a) The distribution of Federal surplus property shall be based on the SASP’s determination of relative needs, res…

125-035-0045 Eligibility (1)(a) The SASP shall contact and instruct all known potential donees in the state on the procedures to follow in establishing their eligibility to participate in the Federal surplus property program; (b) In establishing a list of the potential donees, th…

125-035-0050 Compliance and Utilization (1) Separate warehouse property issue and invoice documents shall be prepared for each item of Federal surplus property with an acquisition cost of $5,000 or more and for all passenger motor vehicles. An additional statement, establishing p…

125-035-0055 Consultation with Advisory Bodies and Private Groups The State Agency for Surplus Property shall establish an Advisory Board that represents both public and non-profit donee agencies, institutions, and organizations and that is comprised of donee representatives from…

125-035-0060 Audit (1) A Secretary of State’s Audit Division review shall be performed in accordance with the external audit requirements of the Office of Management and Budget Circular No. A-128 “Audits of State and Local Governments.” Two copies of this audit report made pursua…

125-035-0065 Cooperative Agreements (1) The Oregon Department of Administrative Services is authorized, pursuant to statute, to enter into cooperative agreements with the Administrator of General Services Administration for the use of property, facilities, personnel and services.…

125-035-0070 Liquidation Should a determination be made to abolish or liquidate the SASP, advance notice shall be given to General Services Administration, in accordance with the specific requirements of FPMR 101-44.202(c)(14), with the reason for abolition or liquidation; schedu…

125-035-0075 Records Copies of SF-123 allocations, warehouse property issue and invoice documents, log books, and all other official records of the SASP shall be maintained for not less than three years. Documents concerning items of Federal surplus property subject to restrictio…

125-040-0001 Definitions As used in this chapter unless the context requires otherwise: (1) “Department” means the Oregon Department of Administrative Services. (2) “Interagency Mail” means: (a) Mail that is not legally required to bear United States Postage; and (b) Originates f…

125-040-0005 Mail Services (1) Customers. The Department of Administrative Services provides pick up and delivery of U.S. mail, and interagency mail and parcels for state agencies, as defined in ORS 291.002(8). These services may be extended to local governments by intergovernmen…

125-040-0010 Delivery Disclaimer The department is not responsible for timely delivery of time critical mail. Mail senders assume all risk of delay, loss or destruction of mail submitted to the state mail system. Statutory/Other Authority: ORS 283 History: GS 6-1988, f. 12-1-88, …

125-045-0200 Purpose These rules establish the process for agencies to acquire and to sell, transfer, exchange or otherwise dispose of interests in real property. These rules also establish procedures for the operation of the Public Lands Advisory Committee (PLAC). Statutory/Othe…

125-045-0205 Definitions In addition to the definitions in ORS 270.005 the following definitions apply to the rules in this Division 045: (1) "Acquisition" means obtaining rights of ownership in a Real Property Interest by an Agency through purchase, exchange, conveyance or other…

125-045-0210 Alternative Rules for Acquisition and Terminal Disposition by State Agencies (1) These rules apply to all Agencies seeking the Acquisition or Terminal Disposition of a Real Property Interest, with the exception of: (a) The Department of Veterans' Affairs in any trans…

125-045-0211 Exempt Agencies and Transactions (1) Exempt Acquiring Agencies do not have to report certain Acquisitions to the Department. The Exempt Acquiring Agencies are: (a) The Department of Transportation, if acquiring highway right of way; (b) The Oregon Parks and Recreatio…

125-045-0212 Directed Transactions Directed Transactions may be exempted from the Clearinghouse Process and PLAC review at the discretion of the Administrator. Statutory/Other Authority: ORS 184.634, 270.015, 270.100, 270.105 & 270.110 Statutes/Other Implemented: ORS 184.634, 270…

125-045-0213 Planning for State Real Property Interests (1) Agencies, excepting the Department of State Lands and Department of Transportation, are required by ORS 270.110 (1) to offer for sale properties which are: (a) Within the Urban growth boundary of any city, within an Urba…

125-045-0214 Transaction Process (1) Before entering a binding contract for any Subject Transaction, the Transacting Agency will first determine the value of the Real Property Interest as described in 125-045-0215, Appraisal and Determination of Value of Real Property Interests. …

125-045-0215 Appraisal and Determination of Value of Real Property Interests (1) Except when the transaction is an Interagency Transaction, or a transaction with the United States Government, the Transacting Agency must determine the value of a Real Property Interest via Appraisa…

125-045-0216 Department Approval (1) Agencies that require approval of the Terminal Disposition of a State Real Property Interest under ORS 270.100(6) but are not required to seek review by the Public Lands Advisory Committee must submit a memo describing the transaction to the D…

125-045-0221 Clearinghouse Process and Futile Act Determination (1) When engaging in any Subject Transaction, the Transacting Agency must notify the Department in writing. The written declaration must include the following: (a) A completed notice form provided by the Division; (b…

125-045-0222 Responses to Clearinghouse Notices (1) If Transacting Agency is unable to agree to terms with any Agency, the Transacting Agency may seek to acquire a Real Property Interest from other private individuals or entities via any commercially accepted practice. (2) If no …

125-045-0223 Clearinghouse Process for Terminal Disposition (1) When engaging in a transaction subject to ORS 270.100(2), the Transacting Agency must notify the Department by completing the form provided by the Department. (2) The Transacting Agency must determine fair market val…

125-045-0224 Clearinghouse Process for Acquisition (1) When engaging in a transaction subject to ORS 270.100(5), the Transacting Agency must notify the Department by completing the form provided by the Department. (2) In addition to Agencies, the Department may provide Clearingho…

125-045-0226 Futile Act Determination The Department may dispense with Clearinghouse notice to Agencies and other entities under ORS 270.100(2) or ORS 270.100(5) if the Department adopts written findings that notice to Agencies and other entities would be a futile act. Reasons in…

125-045-0230 Right of First Refusal (1) Prior to proceeding with the Transaction Process described in 125-045-0214, the Disposing Agency will determine, with the advice of the Division, whether any party is entitled to a Right of First Refusal. (2) If no contractual Right of Firs…

125-045-0235 Public Notices and Requests for Proposal for Terminal Disposition of State Real Property Interests to private individuals or entities (1) This rule applies to Terminal Disposition of State Real Property Interests after the Clearinghouse Process has concluded and no a…