Oregon Administrative Code

137-090-0210 Forms The CIU will only use forms developed, tested, and approved for use by the Criminal Justice Division. Only the forms described below are authorized for use in the CIU file system. (1) Criminal Intelligence Report (IR) (CJD Form 35). (a) The Criminal Intelligenc…

137-090-0220 Statement of Understanding (CJD Form 34) All Criminal Justice Division employees who are assigned to the Criminal Intelligence Unit shall read these rules and sign an understanding of such. All persons authorized to access criminal intelligence information as provide…

137-090-0225 Transition Procedures The handling of “hard-copy” criminal intelligence information submitted to the CIU prior to the effective date of these amended rules shall be governed by the provisions of former OAR 137, division 90, adopted in September 1989. Once the informa…

137-095-0010 Background and Purpose of Guidelines for Prosecution of Environmental Crimes The 1993 legislature adopted Senate Bill 912 (codified as ORS 468.920–468.963), which establishes criminal penalties for certain violations of environmental laws. Section 19 of Senate Bill 9…

137-095-0020 General Principles for Prosecutors to Consider (1)(a) Each of the acts that Senate Bill 912 makes a felony also violates a civil regulatory statute or administrative rule. For most violations, administrative remedies and civil penalties are an appropriate and adequat…

137-095-0030 Specific Factors for Prosecutors to Consider and Apply The following guidelines address each of the factors listed in ORS 468.961(2). Each subsection lists the statutory factor, followed by a suggestion of how the prosecutor might weigh that factor in deciding whethe…

137-100-0005 Definitions For purposes of these rules the following definitions apply: (1) "Applicant" — A criminal defendant or an interested person seeking a Satisfaction of Judgment or a Release of Judgment. (2) "Costs of Sale" — Those costs incurred directly from the sale of a…

137-100-0010 Appointment of Issuer of Satisfactions The Attorney General hereby appoints the following as the Issuer of Satisfactions for purposes of issuing a satisfaction of judgment to an applicant as authorized by ORS 137.452(1)(a)(A): (1) The primary Issuer of Satisfactions …

137-100-0015 Appointment of Issuer of Releases The Attorney General hereby appoints the following as the Issuer of Releases for purposes of issuing a release of judgment to an applicant as authorized by ORS 137.452(1)(a)(B): (1) The primary Issuer of Releases shall be the Distric…

137-100-0020 Request for Satisfaction (1) An applicant who has fully or partially paid a money judgment imposed in a criminal proceeding may obtain a full or partial satisfaction of judgment from the Issuer of Satisfactions upon written request. The request for issuance of a sati…

137-100-0025 Request for Release (1) An applicant may request release of judgment lien from a specific parcel of real property when either the money judgment lien does not attach to any equity in the real property or the amount of equity in the real property to which the judgment…

137-105-0001 Definitions The following definitions shall apply to all Oregon Administrative Rules contained in division 105 unless the context requires otherwise: (1) "Brand Family" has the meaning given that term in ORS 180.405. (2) "Cigarette" has the meaning given that term in…

137-105-0010 Tobacco Product Manufacturers Directory (1) In exercising the discretion granted by ORS 180.425(2), the Attorney General will consider the following: (a) Whether the entity tendering a certification is a tobacco product manufacturer; (b) Timeliness of the certificati…

137-105-0015 Equity Assessment Payment and Certification (1) Beginning in sales year 2024, each tobacco product manufacturer that is required to make equity assessment payments pursuant to Oregon Laws 2023, chapter 401, section 8 shall make the payments in quarterly installments …

137-105-0020 Escrow Deposits (1) Each tobacco product manufacturer shall make the escrow deposits required by ORS 323.806 for the 2023 and earlier sales years in quarterly payments for each of the following periods of the year: January 1 through March 31; April 1 through June 30;…

137-105-0025 Model Escrow Agreement (1) The model escrow agreement set forth in OAR 137-105-0025(2) is provided for use by tobacco product manufacturers who are required to execute a qualified escrow agreement. A tobacco product manufacturer that executes the model escrow agreeme…

137-105-0030 Distributor Reports (1) No later than the 15th day following the end of each month, each distributor shall report to the Attorney General the total number of cigarettes, little cigars, and ounces of roll your own tobacco sold in the reporting month on which the distr…

137-105-0040 Calculation of Time for Purposes of These Rules In computing any period of time prescribed or allowed by these rules, the period shall be calculated as provided in Oregon Rule of Civil Procedure 10A. Statutory/Other Authority: ORS 180.445 History: DOJ 9-2004, f. & ce…

137-105-0050 Monitoring and Enforcing Tobacco Product Manufacturer Compliance (1) ORS 323.862 authorizes the Department of Revenue to disclose to the Attorney General, and such other parties as the Attorney General deems necessary, information submitted to the department relating…

137-105-0065 Little Cigars (1) Every manufacturer of little cigars shall provide the Department of Justice with the following information: (a) A list of brand families of little cigars that were sold in Oregon during the preceding calendar year; (b) A list of brand families of li…

137-106-0001 Definitions The following definitions shall apply to all Oregon Administrative Rules contained in division 106 unless the context requires otherwise: (1) "Distributor" has the meaning given that term in ORS 180.468. (2) " Distributor report" means the information req…

137-106-0010 Tobacco Product Manufacturers Directory (1) In exercising the discretion granted by ORS 180.477(2), the Attorney General will consider the following: (a) Whether the entity tendering a certification is a tobacco product manufacturer; (b) Timeliness of the certificati…

137-106-0030 Distributor Reports (1) No later than the 20th day following the end of each calendar quarter, each distributor shall report to the Attorney General the total number of smokeless tobacco products sold on which the distributor paid the tax due during the reporting mon…

137-106-0040 Calculation of Time for Purposes of These Rules In computing any period of time prescribed or allowed by these rules, the period shall be calculated as provided in Oregon Rule of Civil Procedure 10A. Statutory/Other Authority: ORS 180.477 & 180.483 Statutes/Other Imp…

137-110-0010 Definitions As used in these division 110 rules: (1) “Foreclosure avoidance facilitator roster” means the roster of qualified facilitators maintained by the service provider. (2) “Oregon Foreclosure Avoidance Program” means the resolution conference program establish…

137-110-0110 Facilitator Qualifications, Training and Experience (1) A facilitator conducting a resolution conference under the Oregon Foreclosure Avoidance Program shall: (a) Have conducted at least 20 mediations or resolution conferences of any type or subject matter as a media…

137-110-0200 Fees Paid by the Grantor, Fee Waiver (1) The grantor shall pay a fee of $175 to the service provider at the time required by Oregon Laws 2013, chapter 304, section 3(2)(a). If there are joint or multiple grantors, only one grantor must pay this fee. (2) The grantor m…

137-110-0210 Fees Paid by Beneficiary (1) If a beneficiary requests a resolution conference, the beneficiary shall pay a $200 processing fee to the service provider at the time of making the request. The beneficiary shall pay an additional $325 to the service provider within 25 d…

137-110-0300 Beneficiary Exemptions Beneficiaries claiming an exemption from the requirement to participate in a resolution conference with a grantor under Or Laws 2013, chapter 304, section 2(1)(b), shall submit an affidavit that substantially complies with the model form provid…

137-110-0410 Beneficiary Request for Resolution Conference (1) A beneficiary may request a resolution conference under Oregon Laws 2013, chapter 304, section 2(2), by submitting the request, applicable fees, and required information to the service provider using the service provi…

137-110-0420 Grantor Request for Resolution Conference A grantor may request a resolution conference either: (1) Through a housing counselor who may request a resolution conference on behalf of the grantor by using the service provider website to certify that the grantor is more …

137-110-0600 Facilitator Authority and Role (1) The facilitator has no authority to impose a settlement on the grantor or the beneficiary or to render any decisions on any substantive issue or to make any legal determinations. (2) The facilitator and the service provider may rely…

137-110-0605 Resolution Conference Scheduling (1) Within 10 days after the date on which the beneficiary or grantor requested a resolution conference as provided in Oregon Laws 2013, chapter 304, section 2, the service provider shall send a Notice of Resolution Conference to the …

137-110-0610 Documents Required of the Grantor (1) The grantor shall provide the following documents to the service provider for provision to the beneficiary within 25 days after the date on which the service provider sends a Notice of Resolution Conference: (a) A completed “Univ…

137-110-0620 Documents Required of the Beneficiary (1) Within 25 days after the service provider makes the information the grantor provided under Oregon Laws 2013, chapter 304, and OAR 137-110-0610 available to the beneficiary, the beneficiary shall provide the following document…

137-110-0630 Rescheduling the Resolution Conference (1) Upon written request from both the grantor and beneficiary, the service provider may reschedule the resolution conference to a mutually agreed-upon date. Written notice shall be provided by facsimile, electronic mail, regula…

137-110-0640 Confidentiality No videotaping, transcription or other recording of resolution conferences is permitted except by written agreement of the parties and the facilitator. Statutory/Other Authority: 2013 OL Ch. 304, Sec. 6(1)(f) & 6(1)(g) Statutes/Other Implemented: 2013…

137-110-0650 Participation in the Resolution Conference (1) Any party wishing to participate in a resolution conference shall do so in accordance with all other provisions of OAR 137-110-0001 to 137-110-0670. (2) If a trust deed includes joint or multiple grantors, and fewer than…

137-110-0670 Certificate of Compliance (1) The service provider shall issue a certificate of compliance if: (a) The grantor fails to timely pay the fee required by Oregon Laws 2013, chapter 304, section 3(2)(a) and OAR 137-110-200; or (b) The service provider receives a report fr…

137-110-0675 Notice That No Certificate of Compliance Will Be Issued (1) If a beneficiary failed to meet a requirement to which the beneficiary was subject under sections 2, 3 or 4 of Oregon Laws 2013, chapter 304, the service provider shall issue a notice explaining why the serv…

137-120-0020 Determination of Grantor Ineligibility for or Noncompliance With Foreclosure Avoidance Measure (1) A beneficiary may comply with the notice requirements of Oregon Laws 2012, chapter 112, section 4a by using the model form provided in the Appendix to these division 12…

137-140-0010 Policy and Purpose (1) The integrity and significance of biological evidence in the detection, apprehension, and prosecution of criminal offenders, as well as the exoneration of persons wrongfully convicted of criminal offenses, is essential. The integrity, admissibi…

137-140-0020 Definitions As used in OAR 137-140-0010 to 137-140--0070, the following definitions apply: (1) “Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. “Bio…

137-140-0030 Safety, Contamination Prevention, and Security of Biological Evidence (1) Custodian personnel who routinely collect, retain, preserve, and catalogue biological evidence are encouraged to submit a DNA elimination standard to the Oregon State Police Forensic Services D…

137-140-0040 Documentation Guidelines for Biological Evidence (1) When a custodian initiates a criminal investigation, custodian personnel should create a written or electronic file specific for that case in order to contain case documentation of biological evidence for the lengt…

137-140-0050 General Collection and Preservation Guidelines for Biological Evidence (1) General collection guidelines. (a) Custodian personnel responsible for the detection and collection of biological evidence should be aware of applicable laws governing searches, seizures, and …

137-140-0060 Storage and Preservation of Biological Evidence (1) Custodians shall use best evidence practices when storing and preserving biological evidence. (2) Custodians should consider such factors as environmental and ambient conditions when storing biological evidence in o…