Oregon Administrative Code

603-074-0030 Multiple Violations; Consolidation of Enforcement Proceedings Notwithstanding that each and every violation is a separate and distinct offense, and in cases of continuing violations, that each day’s continuance is a separate and distinct violation unless otherwise de…

603-074-0040 Enforcement Actions Enforcement options include the following: (1) A Notice of Noncompliance, which: (a) Informs the person of the violation, including a reference to a particular statute, administrative rules or order involved, the location of the violation when app…

603-074-0070 Notice of Civil Penalty Assessment (1) A Notice of Civil Penalty Assessment: (a) Is issued by the director or the director’s designee; and (b) Is issued in a manner consistent with the provisions of ORS 183.415, 468B.230 and OAR chapter 137. (c) In addition to any ot…

603-074-0080 Civil Penalty Determination Procedure In determining the amount of a civil penalty to be assessed for any violation, the Department shall apply the following procedure: (1) Determine the magnitude of the violation as specified in OAR 603-074-0070(6). (2) Determine th…

603-075-0005 Purpose These rules implement the agricultural mediation programs provided in ORS 36.252 – 268 (agricultural mediation services) and ORS 36.280 – 283 (mediation of disputes related to farming practices) and describe the process for the mediation programs offered by t…

603-075-0010 Definitions As used in these regulations, unless the context requires otherwise: (1) “Agricultural Producer” means a person engaged in the production of livestock, poultry, field crops, fruit, dairy, furbearing animals, Christmas trees, vermiculture products, food fi…

603-075-0016 Eligibility for Mediation Programs The program coordinator will determine the eligibility of an applicant for the mediation programs consistent with ORS 36.256 (agricultural mediation services) or ORS 36.280 (disputes related to interference with farming practices), …

603-075-0020 Process for Selection of Mediation Service (1) The coordinator shall select such mediation service provider(s) for the mediation programs based upon the following criteria: (a) The number of formally mediated cases and hours of formal mediation completed; (b) The num…

603-075-0025 Method of Advertising Mediation Services (1) The coordinator shall prepare and publish informational material describing the mediation programs, including but not limited to description of the mediation services, costs to participants, hourly fees charged by mediator…

603-075-0030 Application for Mediation (1) A person involved in a dispute may request mediation services by submitting a request to the Department on a form provided by the Department. (2) The Department shall, within ten business days of the receipt of a request for mediation se…

603-075-0035 Confidentiality of Mediation and Materials used in Mediation (1) All mediations conducted are subject to the confidentiality requirements set forth in ORS 36.262 or ORS 36.283. In addition, except as provided in subsection (3), all memoranda, work products, and other…

603-075-0040 Reporting Procedures (1) The coordinator will prepare for the Director of Agriculture an annual evaluation report. (2) The coordinator will prepare the evaluation report to reflect the mediation activities for the fiscal year. (3) The coordinator shall keep documents…

603-075-0045 FARMING PRACTICES MEDIATION (1) This program is intended for farmer to farmer disputes wherein a person engaged in a farming practice has a reasonable belief that the planting, growing, or harvesting of an agricultural or horticultural commodity on nearby land might …

603-075-0050 AGRICULTURE MEDIATION (1) This program is intended for disputes directly related to activities of the Department and agricultural issues under the jurisdiction of the Department; that do not fall under the Farming Practices Mediation program. (a) The Department may c…

603-076-0005 Definitions Unless the context clearly requires otherwise, the following definitions apply to OAR 603-076-0005 through 603-076-0021: (1) “Active supervision” means the department’s regulatory oversight and actions related to grass seed price negotiations intended to …

603-076-0016 Purpose and Scope of Active State Supervision of Grass Seed Price Negotiations (1) It is the intent of the grass seed price negotiations to displace competition in the annual ryegrass seed, perennial ryegrass seed, and tall fescue seed industries to a limited degree …

603-076-0017 Standards for Annual Ryegrass, Perennial Ryegrass, and Tall Fescue Seed Eligible for Price Negotiations (1) The Bargaining Council may engage in price negotiations for the minimum price for production contracted seed of annual ryegrass, perennial ryegrass, and tall f…

603-076-0018 Price Negotiation Planning Committee Membership and Responsibilities (1) The department shall appoint a Planning Committee that includes at least three persons representing cooperative bargaining associations, at least three persons representing grass seed dealers, a…

603-076-0019 Bargaining Council Eligibility and Responsibilities All members of the Bargaining Council shall: (1) Affirm to the department that they meet the requirements for participation in the Bargaining Council and in price negotiations and commit to participating in price ne…

603-076-0021 Grass seed price negotiation process and timeline (1) The Planning Committee shall convene on or about February 1 each year. (2) By May 1, a cooperative bargaining association intending to participate in negotiations for the current crop year shall provide a current …

603-076-0022 Fees for Grass Seed Price Negotiations The department is authorized under ORS 646.738 to collect fees from the parties to cover the costs associated with supervising and administering the regulatory program. The Department shall provide the parties with an itemized l…

603-076-0051 Definitions As used in these regulations, unless the context requires otherwise: (1) “Dealer” has the same meaning provided under ORS 646.515(3), and who has bought product in the prior year respective to the specific seafood species under price negotiations. (2) “Pa…

603-076-0052 Active State Supervision of Season Starting Price Negotiations for Seafood Commodities To ensure that the Director is actively supervising the conduct of the seafood harvester association representatives and the seafood dealers under the regulatory program in accorda…

603-076-0101 Definitions As used in these regulations, unless the context requires otherwise: (1) "Blackberry dealer" and "blackberry packer" means dealer as defined in ORS 646.515(3)(a), or a licensed food processor that is a cooperative. (2) "Grower Bargaining Association" refe…

603-076-0106 Active State Supervision of Blackberry Price Negotiations (1) Where more than one blackberry dealer is agreeable to meet with a grower bargaining association, it is the intent of the department that the process of state supervised price negotiations for blackberries …

603-077-0101 Introduction (1) This Division applies to the open field burning, propane flaming, and stack burning of all perennial and annual grass seed and cereal grain crops, and associated residue within Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and…

603-077-0103 Policy In the interest of public health and welfare, it is the declared public policy of the State of Oregon to reduce the practice of open field burning while developing and providing alternative methods of field sanitation and alternative methods of utilizing and m…

603-077-0105 Definitions As used in this Division: (1) "Actively Extinguish" means the direct application of water or other fire retardant to an open field fire. (2) “Permit or “Burn Permit” or “Burning Permit” means a permit issued by the Department pursuant to ORS 468A.575. (3)…

603-077-0110 General Requirements (1) No person shall cause or allow open field burning or propane flaming on any acreage unless said acreage has first been registered and mapped pursuant to OAR 603-077-0112(1), the registration fee has been paid, and the registration (permit app…

603-077-0112 Registration, Permits, Fees, Records In administering a field burning smoke management program, the Department may contract with counties or fire districts or any other responsible individual to administer registration of acreage, issuance of permits, collection of f…

603-077-0113 Acreage Limitations, Allocations (1) Limitation of Acreage: (a) Except for acreage and residue open field burned pursuant to OAR 603-077-0135, 603-077-0139, 603-077-0140, 603-077-0145, and 603-077-0155, the maximum acreage to be open field burned annually in the Will…

603-077-0115 Daily Burning Authorization Criteria As part of the Smoke Management Program provided for in ORS 468A.590, the Department shall set forth the types and extent of open field burning, propane flaming, and stack burning to be allowed each day according to the provisions…

603-077-0119 Burning Restrictions and Prohibitions The following identifies smoke management requirements for Priority Areas, Critical Non-Burn Areas, Fire Marshal Buffer Zones, and Problem Fields, where burning is either restricted or prohibited, in order to further protect publ…

603-077-0131 Burning by Public Agencies (Training Fires) In order to promote public safety through the training of firefighting personnel, open field burning on grass seed or cereal grain acreage by a fire department or rural fire protection district is subject to the following c…

603-077-0133 Prepatory Burning The Department encourages the preparatory burning of portions of selected fields to reduce or eliminate potential fire hazards and safety problems and to expedite the subsequent burning of the field. Such burning shall be consistent with smoke manag…

603-077-0135 Experimental Burning The Department in conjunction with the Department of Environmental Quality may allow open field burning for demonstration or experimental purposes pursuant to the provisions of ORS 468A.620, consistent with smoke management considerations and sub…

603-077-0137 Burning Fees Outside Willamette Valley In accordance with ORS 468A.615(1)(b) each person open field burning perennial or annual grass seed crops in counties outside the Willamette Valley, shall pay the Department $8.00 for each acre burned. Statutory/Other Authority:…

603-077-0139 Emergency Open Burning The OARs regarding Emergency Opening Burning are defined by the Oregon Department of Environmental Quality in OAR 340-266-0065. If approved, the open field burning of the emergency burn will be conducted by the Department in accordance with the…

603-077-0140 Emergency Burning Cessation Pursuant to ORS 468A.610 and upon finding of danger to public health or safety, the Commission or the Department of Environmental Quality may order temporary emergency cessation of all open field burning in any area of the Willamette Valle…

603-077-0145 Propane Flaming (1) The use of propane flamers, mobile field sanitizing devices, and other field sanitation methods specifically approved by the Department are subject to the following conditions: (a) The field shall first be prepared as follows: (A) Either the field…

603-077-0155 Stack Burning The open burning of piled or stacked residue from perennial or annual grass seed or cereal grain crops used for seed production is allowed subject to the following conditions: (1) No person shall cause or allow to be initiated or maintained any stack bu…

603-077-0165 Definitions for Enforcement Procedures and Civil Penalties Unless otherwise required by context, as used in OAR 603-077-0170–603-077-0195: (1) "Class One Equivalent" or "Equivalent," which is used only for the purposes of determining the value of the "P" factor in th…

603-077-0170 Consolidation of Proceedings Notwithstanding that each and every violation is a separate and distinct offense, and in cases of continuing violations, that each day’s continuance is a separate and distinct violation, proceedings for the assessment of multiple civil pe…

603-077-0175 Enforcement Actions (1) Notice of Noncompliance (NON): (a) Informs a person of a violation, and the consequences of the violation or continued noncompliance. The notice may state the actions required to resolve the violation and may specify a time by which compliance…

603-077-0177 Civil Penalty Schedule Matrices In addition to any liability, duty, or other penalty provided by law, the Director may assess a civil penalty for any violation relating to field burning pertaining to statutes, rules, permits or orders by service of a written notice o…

603-077-0180 Civil Penalty Determination Procedure (1) When determining the amount of civil penalty to be assessed for any violation, the Director or authorized representative shall apply the following procedures: (a) Determine the class and the magnitude of each violation: (A) T…

603-077-0185 Written Notice of Assessment of Civil Penalty; When Penalty Payable (1) A civil penalty shall be due and payable ten days after the order assessing the civil penalty becomes final and the civil penalty is thereby imposed by operation of law or on appeal. A person aga…

603-077-0187 Compromise or Settlement of Civil Penalty by Director (1) Any time after service of the written notice of assessment of civil penalty, the Director may compromise or settle any unpaid civil penalty at any amount that the Director deems appropriate. Any compromise or …

603-077-0188 Stipulated Penalties Nothing in OAR chapter 603, division 077 shall affect the ability of the Director to include stipulated penalties in a Stipulation and Final Order, Consent Order, Consent Decree or any other agreement issued under ORS Chapters 183, 468, or 468A. …

603-077-0190 Additional Civil Penalties In addition to any other penalty provided by law, the following violations are subject to the civil penalties specified below: (1) Any person planting contrary to the restriction of subsection (1) of ORS 468A.580 pertaining to the open fiel…