Oregon Administrative Code

137-025-0300 Raffle Prize Limits (1) The total cash prize(s) offered or awarded in a raffle shall not exceed $5,000. Gift cards and gift certificates may exceed $5,000 as long as the holder cannot redeem the face value for cash. (2) No prize shall be offered or awarded with a ret…

137-025-0310 Raffle Tickets The following information must be printed upon each ticket sold or shall be otherwise provided to each purchaser at the time of the sale: (1) The date and time of the drawing; (2) The location of the drawing; (3) The name of the organization conducting…

137-025-0400 Monte Carlo Events in General (1) All personnel conducting a Monte Carlo event shall be: (a) Volunteers or employees of a non-profit tax exempt organization licensed to conduct Monte Carlo events pursuant to OAR 137-025-0420; (b) Volunteers or employees of a non-prof…

137-025-0405 Classes of Monte Carlo Charitable Games Licenses (1) A “Class A” Monte Carlo license shall authorize a licensee to conduct Monte Carlo events with a gross handle of more than $10,000 per event throughout the license year, but shall not exceed 7 events per license yea…

137-025-0410 Application for Monte Carlo Event License (1) An application for a Monte Carlo license or license renewal shall be made on a form prescribed by the Department, shall be signed by a responsible official of the organization, and must be accompanied by the license appli…

137-025-0415 Application for Monte Carlo Supplier/Event Contractor License (1) An application for a Monte Carlo equipment supplier and a Monte Carlo event contractor license or license renewal shall be made on a form prescribed by the Department, shall be signed by a responsible …

137-025-0420 Issuance of License to Conduct Monte Carlo Events or Supply Equipment and Services (1)(a) Within 60 days after the filing of a completed application for a license or license renewal pursuant to OAR 137-025-0410 or 137-025-0415, the Department shall either issue a lic…

137-025-0425 Monte Carlo License Renewal and Amendment (1) Within 60 days prior to the expiration of an existing Monte Carlo event license or a Monte Carlo equipment supplier or event contractor license, the licensee may apply to the Department to renew the license. The applicati…

137-025-0430 Conduct of Monte Carlo Events in General (1) Any person, corporation, or organization desiring to conduct Monte Carlo events shall: (a) Comply with and meet all applicable provisions of ORS 128.610 et seq., 167.117 et seq., 464.250 et seq., OAR 137-025 et seq. and th…

137-025-0435 Notice of Monte Carlo Event (1) At least 10 days prior to conducting a Monte Carlo event, each Monte Carlo licensee shall submit to the Department a completed Monte Carlo event notice for all Monte Carlo events where sales of imitation money are intended to exceed $5…

137-025-0440 Monte Carlo Equipment Supplier/Event Contractor Contracts (1) A Monte Carlo event contract with a licensed Monte Carlo equipment supplier and/or a Monte Carlo event contractor shall include, but not be limited to the following: (a) Name and license number of the non-…

137-025-0450 Purchase/Sale of Monte Carlo Imitation Money (1) Imitation money shall be sold only by bona fide members or employees of the licensee organization. No imitation money shall be sold, or cash handled, by a Monte Carlo event contractor, their agents, or employees regard…

137-025-0455 Monte Carlo Event Prizes (1) No cash prize shall be offered or awarded. Once purchased, imitation money cannot be redeemed for cash or cash equivalent. (2) No prize shall be offered or awarded with a retail market value in excess of $50,000 and the retail market valu…

137-025-0460 Authorized Games (1) During a Monte Carlo event, an organization may conduct only the following authorized games of chance without prior written approval from the Department: (a) Blackjack; (b) Roulette; (c) Craps; (d) Caribbean stud poker; (e) Let it ride; (f) Wheel…

137-025-0470 Monte Carlo Event Reports (1) A Monte Carlo event licensee shall file an annual report with the Department of Justice no later than 60 days after the end of the license year. The report shall be on a form prescribed by the Department. The report shall include the fol…

137-025-0475 Monte Carlo Event Records A Monte Carlo event licensee shall maintain the following records or information on forms prescribed by the department, with regard to individual Monte Carlo events and retain the information for a period of three years: (1) In the case of a…

137-025-0480 Monte Carlo Event Fees (1) All annual Monte Carlo reports filed with the Department shall be accompanied by a fee, made payable to the Department of Justice, of 1 percent of the Monte Carlo handle listed in the report. A delinquency fee of $20 or one percent of the f…

137-025-0500 Suspension, Revocation and Civil Penalties (1) After notice and opportunity for hearing, as provided in ORS 183.310 to 183.550, the Department may assess a civil penalty not to exceed $10,000 and may deny, revoke, suspend or refuse to renew any license or permit, for…

137-025-0520 Model APA Rules The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, effective September 15, 1997, are by this reference adopted as the rules and procedures for carrying out ORS 167.117, 167.118 and ORS Chapter 464, except as other…

137-025-0530 Effective Dates (1) OAR 137-025-0010 is repealed, effective January 1, 1988. (2) OAR 137-025-0020 to 137-025-0030, 137-025-0050 to 137-025-0110, 137-025-0190 to 137-025-0230 and 137-025-0330 shall take effect on November 1, 1987. (3) OAR 137-025-0040, 137-025-0120 to…

137-045-0010 Definitions The following definitions apply to OAR chapter 137, division 045: (1) "Agency" means " State agency" as defined in ORS 291.045. (2) "Agency Contract Administration" means an action undertaken by an Agency in accordance with the terms of a Public Contract …

137-045-0015 Legal Sufficiency Approval (1) Legal sufficiency review and approval pursuant to this rule does not affect any other applicable review or approval requirement, except that legal sufficiency approval of a Public Contract that is an Interstate Agreement or an Internati…

137-045-0020 Mixed Contracts A mixed Public Contract requires the contractor to render certain services and provide the Agency with other kinds of services, goods or products. Classification of a mixed Public Contract as a Personal Services Contract, Architectural and Engineering…

137-045-0030 Review of Public Contracts (1) Except as described in section (2), before a Public Contract is binding on the State of Oregon, and before any service may be performed or payment may be made under the Public Contract, the Attorney General must approve for legal suffic…

137-045-0035 Review of Anticipated Public Contracts and Price Agreements (1) Except as provided in this rule, if an Agency expects a Public Contract resulting from a procurement to require legal sufficiency approval, the Agency must submit to the Attorney General for review both …

137-045-0050 Exemptions from Legal Sufficiency Approval Based on Risk Assessment The Attorney General has determined that the degree of risk to Agencies is not materially reduced by legal review and approval of certain Public Contracts. The Attorney General exempts from the legal…

137-045-0052 Exemptions from ORS 190.430 and ORS 190.490 review Contracts that are not subject to the requirement for legal sufficiency review and approval under ORS 291.047 or these chapter 137, division 045 rules are exempt from the Attorney General review requirements under OR…

137-045-0060 Class Exemptions Based on Attorney General's Pre-Approval (1) The Attorney General may exempt Public Contracts falling within a class from the legal sufficiency approval requirement. The Attorney General delegates to the Chief Counsel of the General Counsel Division …

137-045-0070 Emergency Public Contract Exemption (1) A Public Contract entered into in an Emergency is exempt from the legal sufficiency approval requirement. (2) An Agency that enters into a Public Contract that is exempt under section (1) of this rule must prepare and maintain …

137-045-0080 Authorization of Services Prior to Legal Sufficiency Approval At an Agency's request and upon the Agency's compliance with the procedures set forth in this rule, the Attorney General, through the Attorney in Charge of the Business Transactions Section, or other Assis…

137-045-0090 Ratification of Public Contracts Before ratifying a Public Contract under ORS 291.049, an Agency shall do all of the following: (1) Submit to the Attorney in Charge, of the Business Transactions Section or other Assistant Attorney General designated by the Attorney i…

137-046-0100 Content and General Application; Federal Law Supremacy (1) These Model Rules are rules of procedure for Public Contracting as required under ORS 279A.065 and consist of the following four divisions: (a) This division 46, which applies to all Public Contracting; (b) D…

137-046-0110 Definitions for the Model Rules Unless the context of a specifically applicable definition in the Code requires otherwise, capitalized terms used in the Model Rules have the meaning set forth in the division of the Model Rules in which they appear, and if not defined…

137-046-0120 Policy Contracting Agencies subject to the Code shall conduct Public Contracting to further the policies set forth in ORS 279A.015, elsewhere in the Code, and in these Model Rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 Histo…

137-046-0130 Application of the Code and Model Rules; Exceptions (1) Except as set forth in this section, a Contracting Agency shall exercise all procurement authority related to Public Contracting in accordance with the Code and the Model Rules. (2) A Contracting Agency that has…

137-046-0140 Solicitation Document Templates; Contract Forms and Contract Templates; Accountability for Advice (1) The Attorney General and the Director of the Oregon Department of Administrative Services will make available to state agencies Solicitation Document templates, Cont…

137-046-0200 Notice to Governor’s Policy Advisor for Economic and Business Equity In accordance with ORS 200.035, State Contracting Agencies shall provide timely notice of all Procurements and Contract Awards to the Governor’s Policy Advisor for Economic and Business Equity if th…

137-046-0210 Subcontracting to and Contracting with Emerging Small Businesses; Disqualification (1) For purposes of ORS 279A.105, a subcontractor certified under 200.055 as an emerging small business is located in or draws its workforce from economically distressed areas if: (a) …

137-046-0252 Personnel Employment Disclosure and Preference — State Agency Contracts for Goods or Services (1) As authorized by ORS 279B.112, a state contracting agency may state, in its Solicitation Documents for a procurement of goods or services, that the state contracting age…

137-046-0300 Preference for Oregon Goods and Services (1) Tiebreaker Preference and Award When Offers Are Identical. Under ORS 279A.120, when a Contracting Agency receives Offers identical in price, fitness, availability and quality, and chooses to Award a Contract, the Contracti…

137-046-0310 Reciprocal Preferences When evaluating Bids pursuant to OAR 137-047-0255, 137-047-0257 or 137-049-0390 and applying the reciprocal preference provided under ORS 279A.120(2)(b) a Contracting Agency may rely on the list prepared and maintained by the Department pursuan…

137-046-0320 Preference for Recycled Materials (1) In comparing Goods from two or more Offerors, if at least one Offeror offers Goods manufactured from Recycled Materials, and at least one Offeror does not, a Contracting Agency shall select the Offeror offering Goods manufactured…

137-046-0330 Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements (1) A contracting agency, in its Solicitation Documents to award a contract for a transit project that will be funded in whole or in part with funds from the federal governm…

137-046-0400 Authority for Cooperative Procurements (1) Contracting Agencies may participate in, sponsor, conduct or administer Joint Cooperative Procurements, Permissive Cooperative Procurements and Interstate Cooperative Procurements in accordance with ORS 279A.200 through 279A…

137-046-0410 Responsibilities of Administering Contracting Agencies and Purchasing Contracting Agencies (1) If a Contracting Agency is an Administering Contracting Agency of a Cooperative Procurement, the Contracting Agency may establish the conditions under which Persons may par…

137-046-0420 Joint Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer a Joint Cooperative Procurement may do so only in accordance with ORS 279A.210. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS …

137-046-0430 Permissive Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer a Permissive Cooperative Procurement may do so only in accordance with ORS 279A.215. Statutory/Other Authority: ORS 279A.065 Statutes/Other Impleme…

137-046-0440 Advertisements of Intent to Establish Contracts through a Permissive Cooperative Procurement (1) For purposes of determining whether a Purchasing Contracting Agency must give notice of intent to establish a Contract through a Permissive Cooperative Procurement as req…

137-046-0450 Interstate Cooperative Procurements A Contracting Agency that chooses to participate in, sponsor, conduct or administer an Interstate Cooperative Procurement may do so only in accordance with ORS 279A.220. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implem…

137-046-0460 Advertisements of Interstate Cooperative Procurements (1) The Solicitation Document for an Interstate Cooperative Procurement is advertised in Oregon for purposes of ORS 279A.220(2)(a) if it is advertised in Oregon in compliance with 279B.055(4) or 279B.060(4) by: (a…