Oregon Administrative Code

125-150-0005 Selection of Insurance Agent of Record (1) The Department of Administrative Services may appoint an Agent of Record to assist in the procurement of commercial insurance and risk management consultative and/or professional services. (2) Selection of an Agent(s) of Rec…

125-150-0010 Purchase of Professional Services (1) The Department is authorized under ORS 278.405(4) to purchase necessary professional services. (2) Services will acquired following guidelines established by the Public Contracting code based on; ORS 279A and 279B et. seq. as cod…

125-155-0000 Purpose These rules are written under the authority of ORS 283.305 through ORS 283.395 and ORS 278.200 through ORS 278.215. These rules set standards for use, operation and access to state vehicles, including private vehicles in use for state business. Statutory/Othe…

125-155-0010 Definitions As used in this chapter, unless the context requires otherwise, the following words, phrases, and abbreviations have the meanings listed: (1) "DAS" means Department of Administrative Services. (2) “DAS Fleet” means DAS’s Enterprise Asset Management’s prog…

125-155-0020 Policy Statement and Authorization (1) All agencies and drivers must comply with these rules and all additional state, federal and other applicable laws. (2) It is state policy that all state vehicles and vehicles used for official state business must be used legally…

125-155-0100 Agency Responsibilities and Permissions (1) It is the responsibility of all agencies and their drivers to follow the requirements of the law, regardless of jurisdiction or authority, and these rules in all situations. (2) Agencies must use the DAS RM Vehicle Use and …

125-155-0200 Authorized Drivers (1) Only the following persons are authorized to drive motor vehicles on official state business. These drivers are authorized only if they drive in conformance with these rules and meet the following conditions: (a) Are specifically authorized by …

125-155-0300 Verifying Driver Qualifications (1) Agencies and drivers are responsible to ensure the requirements of the law and these rules are followed in all situations. (2) Agency responsibilities for ensuring driver qualifications include: (a) Not knowingly allowing anyone wh…

125-155-0400 Other Permitted Drivers (1) Other permitted drivers must comply with state law including the Oregon Vehicle Code. (2) Other permitted drivers must provide their own automobile insurance coverages to the limits required and defined in contract, intergovernmental agree…

125-155-0420 Passengers (1) Agencies may permit authorized drivers to transport people, animals, or things to the extent needed to accomplish official state business. Agencies may impose conditions. (2) No authorized driver may give a ride in a state-owned vehicle to anyone excep…

125-155-0500 Use of State Vehicles (1) The law requires that "official state business" be narrowly construed. However, necessary official state business use may coincide with a personal use. When these uses do coincide, certain allowable activities of a personal nature may occur.…

125-155-0510 Other Vehicle Uses (1) Authorized drivers of state vehicles and private vehicles solely on official state business must comply with the following: (a) Drivers transporting explosive, flammable, radioactive, or other hazardous material must be aware of and comply with…

125-155-0600 Insurance Coverage (1) The state's self-insured coverage has been accepted by jurisdictions in the United States, its possessions and territories, and Canada. Drivers must contact DAS RM to arrange coverage for any state vehicles to be driven in other locales. Lack o…

125-155-0700 Collision and Damage Reporting (1) Coverages for the state's vehicles, drivers and loss reporting requirements are found in DAS RM self-insurance policies, ORS chapter 30.260-30.300, and ORS chapter 278. (2) Drivers are responsible to provide their own proof of legal…

125-155-0800 Variance (1) DAS Administration may approve an agency’s written request for a variance from any of these rules. (2) The agency, not the affected driver or passenger, must submit a written request to DAS RM. DAS RM will review the request and submit a written response…

125-155-0900 Management of State Vehicles (1) The following sections apply only to state agencies as defined in and subject to ORS 283.305 through 283.395. (2) DAS must establish and enforce a minimum mileage standard for light fleet vehicles. (See Statewide Vehicle Management Po…

125-156-0000 Sale of Compressed Natural Gas to Private Entities (1) The Department of Administrative Services (DAS) may sell Compressed Natural Gas (CNG) for vehicle fueling purposes to members of the public or private entities until a CNG fueling vendor is established within fif…

125-160-0000 Purpose, Applicability, and Effective Date (1) Section 41, Article 1 of the Oregon Constitution provides that injury or disease from inmate work shall be covered by a corrections system inmate injury fund rather than workers compensation law. These rules set procedur…

125-160-0010 Definitions As used in chapter 125, division 160, unless the context requires otherwise: (1) "Awards" or "benefits" include one or more of the following types: (a) "Death benefit" means the monthly amount of disability award the person deceased from a covered death w…

125-160-0020 Calculation of Permanent Disability Awards A permanent disability award is calculated as two-thirds of the Inmate Hourly Wage Rate multiplied by the disability rating. The weekly amount is calculated in this manner. The Inmate Hourly Wage Rate, in effect on the date …

125-160-0100 Medical Services Limits The Department shall calculate and limit medical services as follows: (1) While still in confinement, benefits shall be limited to medical services provided by or at the direction of Corrections medical staff. (2) After the release date, any m…

125-160-0110 Benefit Limits During Permanent Disability (1) For purposes of initial estimates and final awards, the Department shall calculate and limit benefits for permanent disability as described in this rule: (2) While still in confinement, all permanent disability and train…

125-160-0120 Death Benefit Limits (1) Upon a covered death, the death benefit to the claimant’s estate shall be limited to $3,000 for actual and reasonable costs of transport and burial. (2) The death benefit to beneficiaries shall be limited to the deceased’s disability award. I…

125-160-0200 Claiming Benefits (1) Only a person to whom a payment or benefit is directly due under these rules may claim the benefit. A potential beneficiary may not join or intervene in an inmate’s claim. Only the claimant’s attorney may represent a claimant. No one may interve…

125-160-0300 Evaluating Claims (1) No benefit shall be awarded or paid except through request and proof of eligibility as required by these rules and related law. A claim shall be approved if the claimant proves to the Department that the claim, injury, disability, and all relate…

125-160-0310 Evidence and Construction The following rules of evidence and construction shall apply to all issues bearing on a claim: (1) It shall be the claimant’s burden to prove, by a preponderance of the evidence, all facts necessary to sustain a claim. Should a claimant make…

125-160-0400 Claims Denials (1) The Department shall deny benefits for any claim upon substantial evidence that the injury was caused by or arose, in whole or in any part, out of any of the following: (a) The claimant’s intentionally self-inflicted injury, whether or not the full…

125-160-0500 Delivery of Claims, Notices, Responses (1) The Department shall send any and all notices, letters, responses, and benefits payments by regular mail or other reasonable means to the claimant’s last known residential address or to claimant’s parole or probation officer…

125-160-0600 Delivery of Benefits (1) Except as these rules specify otherwise, benefits shall be paid as follows: (a) No one may claim or place a voluntary or involuntary lien on any claimant’s benefits or payments due under these rules. The Department shall not accept or pay any…

125-160-0700 Suspension and Forfeiture of Benefits (1) Claimants shall keep the Department informed of their current status and circumstances in all respects as they may bear on the requirements of these rules. Status, as used here, may include employment, medical condition, mail…

125-160-0710 Termination of Benefits (1) Any and all benefits payable or potentially payable to a claimant shall be terminated fully and finally, without prior notice, upon the occurrence of any of the following: (a) Claimant gives Department of Corrections any kind of false repo…

125-160-0720 Abandonment of Benefits (1) If benefits are abandoned, claimant forfeits all rights under these rules, except the right to give Department clear and convincing evidence that abandonment did not occur. Claimant shall provide such evidence in writing to Department with…

125-160-0800 Subrogation Applying for and accepting benefits under these rules shall transfer to the Department all the acceptors' rights, claims, and causes of action against any third party for the covered injury or death to the extent of benefits paid or payable hereunder. Dep…

125-160-0900 Appealing Claims Decisions and Actions (1) These shall be the rules of procedure for appeals and contested case hearings for actions under these rules. Except as noted, the administrative procedures act shall not apply. (2) When these rules permit an action of the De…

125-160-0910 Hearings Process (1) The Department shall designate as hearings officer any person trained in the hearings process. The hearings officer shall not have been a witness or had personal knowledge of any material, disputed fact of the case. He or she shall not have had a…

125-160-0920 Conduct of Hearings (1) The findings of the hearings officer must be on the merits. Technical or clerical errors in the writing or processing of a contested decision shall not be grounds for modification or rescission unless there is substantial prejudice to the clai…

125-160-0930 Testimony of Witnesses (1) The hearings officer shall direct all scheduling and taking of testimony of witnesses at the hearing. Witnesses shall be limited to people with direct personal knowledge of the essential elements of the matters on appeal. Witnesses and test…

125-160-0940 Documents and Physical Evidence (1) The claimant may present any documents or physical evidence permitted by these rules before or during the hearing. (2) Only the attending physician may make medical findings and submit medical reports to the hearing. Any other medi…

125-160-0950 Hearings Conclusions and Record (1) The hearing shall be held, and the hearings officer shall seek, to determine whether the Department had substantial evidence for its decision and whether its decision substantially complied with these rules. The hearings officer sh…

125-170-0010 Process for Allocating Available Moneys in the Administrative Services Economic Development Fund (1) The Department of Administrative Services will distribute lottery proceeds to recipients on a quarterly basis. This allocation will be based on a plan approved by the…

125-180-1010 Purpose These rules implement procedures for transferring moneys from the Shared Services Fund pursuant to ORS 285C.635 and 285C.639. Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4) Statutes/Other Implemented: ORS 285C.600 - 285C.626 & 285C.635 Hist…

125-180-1020 Definitions (1) “Average Eligible Worker” means the average worker reported by Business Oregon as a new hire or retained employee on a Strategic Investment Program (SIP) project. (2) “Eligible Project” is a project described in ORS 285C.600(2) for which the Oregon Bu…

125-180-1030 Employment Verification (1) The Department of Administrative Services may perform a verification of employment associated with Strategic Investment Projects compiled by Business Oregon under ORS 285C.615. (2) The Department verification process may include determinat…

125-180-1040 Personal Income Tax Estimate (1) The personal income tax estimate is derived from: (a) Reported number of workers hired or retained as a result of investment in an eligible project under the Strategic Investment Program ORS 285C.615; and (b) The Department of Revenue…

125-180-1050 Funds Transfer Request Form Counties with an approved Strategic Investment Project must submit a request for fund transfer, in an Agency approved format, to the Department of Administrative Services not later than July 1 following the completion of the relevant prope…

125-180-1060 Funds Distribution (1) The department shall distribute moneys from the Shared Services Fund to the eligible county annually. (2) Counties shall transfer funds to local taxing districts according to the percentages derived from the personal income tax estimate provide…

125-246-0100 Application; Commentary; Federal Law Prevails (1) These Rules of the Department of Administrative Services (Department) are policy and procedure that apply to public contracting by: (a) Agencies subject to these Rules; (b) All contracting agencies, as defined in ORS …

125-246-0110 Definitions The following terms are a compilation of definitions, including those found in the Public Contracting Code, in other statutes referenced by the Public Contracting Code, and elsewhere in these Rules. Partial definitions of the Public Contracting Code are f…

125-246-0120 Policies (1) These Rules simplify, clarify and modernize Public Contracting pursuant to ORS 279A.015(1). (2) These Rules provide a foundation for ethical and fair dealing in Public Contracting, designed to instill public confidence pursuant to ORS 279A.015(2). (3) Th…

125-246-0130 Application of the Code and Rules; Exceptions (1) Code, Rules and Policies. Except as set forth in this Section and ORS 279A.025, an Agency must exercise all rights, powers and Authority related to Public Contracting in accordance with the Public Contracting Code, Ru…