Oregon Administrative Code

617-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) 2 unexcused absences, or other neglect of duty …

617-030-0040 Chair and Other Officers Annually, at the first regular meeting of the Commission at the beginning of the new fiscal year, the Commission will elect from its members a Chair, Vice Chair, and a Secretary/Treasurer who will serve until their successors are elected and …

617-040-0090 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Applicability These division 40 rules apply to any activities by members of the Oregon Dairy Products Commission occurring on or after March 23, 2022. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Imple…

617-040-0101 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out o…

617-040-0111 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Qualified Members (1) In accordance with the procedures set forth in OAR 617-040-0130 and OAR 617-040-0140, the Oregon Dairy Products Commission shall provide to a qualified member of the Oregon Dairy Products Commission: (a…

617-040-0121 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Non-Qualified Members (1) In accordance with the procedures set forth in OAR 617-04-0130, and only if there are funds available in the budget for such compensation, the Oregon Dairy Products Commission shall provide to a non…

617-040-0131 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Dairy Products Commission no later than the 15th day of the calendar month following the month for which the…

617-040-0141 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Dairy Products Commission no later than the 15th day of…

617-050-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonabl…

617-050-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), busine…

617-050-0030 Commission Procedure for Responses to Public Records Requests (1) The commission may request additional information or clarification from a requester of public records for the purpose of expediting the commission’s response to the request. (2) Within five business da…

617-050-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response t…

617-050-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public record…

617-050-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 617-050-0020. (2) The commission ma…

619-001-0010 Notice of Proposed Rule Prior to adoption, amendment or repeal of any permanent rule, the Oregon Wine Board will give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State’s Oregon Bulletin referred to in ORS 183.360, at least 21 days pr…

619-001-0020 Model Rules of Procedure The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2005, are adopted as the rules of procedure for the Oregon Wine Board and shall be followed in all matters except where a differe…

619-001-0030 Definitions For purposes of these rules, the following definitions apply. (1) “Board” means the Oregon Wine Board established pursuant to ORS 576.753. (2) “Director” means the director of the Oregon Economic and Community Development Department. Statutory/Other Autho…

619-001-0040 Development of Draft Annual Plans (1) Each fiscal year, the Oregon Wine Board will prepare draft annual plans for promotion and research during the next fiscal year. (2) The draft annual plan for promotion will include, but are not limited to, the following elements:…

619-001-0050 Development of a Draft Annual Budget (1) Each fiscal year, the Oregon Wine Board will prepare a draft annual budget for the next fiscal year. (2) The draft annual budget will itemize the anticipated expenditures for each element of the corresponding draft annual plan…

619-001-0060 Adoption of Annual Plans and Budget (1) By February 1 of each year, the Board will make the draft annual budget and annual plans for promotion and research, developed pursuant to 619-001-0040 and 0050 above, available for public review by: (a) Mailing copies to perso…

623-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Hazelnut Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 28 days befor…

623-010-0005 Casual Sale "Casual sale" means any sale or sales of hazelnuts made by the producer direct to the consumer where the total accumulated sales during a fiscal year is not more than two hundred and fifty (250) pounds, in-shell basis. Statutory/Other Authority: ORS 576 H…

623-010-0010 Assessment (1) Except as provided in section (2) of this rule, for all transactions occurring on or after October 1, 2022, involving hazelnuts grown in Oregon, the first purchaser shall deduct and withhold an assessment of $.0085 per pound or $17 per ton on merchanta…

623-010-0011 Payment of Assessments on Hazelnut Purchases First purchasers and handlers must submit completed and signed assessment reports on commission approved forms along with supporting documents requested by the Oregon Hazelnut Commission. Assessment reports shall include a…

623-020-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonabl…

623-020-0020 Request to Inspect of Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), busine…

623-020-0030 Commission Procedure for Responses to Public Records Requests (1) The commission may request additional information or clarification from a requester of public records for the purpose of expediting the commission’s response to the request. (2) Within five business da…

623-020-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response t…

623-020-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public record…

623-020-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form to the commission at the address provided in 623-020-0020. (2) The commission may furnish copies without charg…

623-030-0010 Number of Commissioners, Terms The Oregon Hazelnut Commission will consist of eight members appointed by the Director of the Oregon Department of Agriculture for a term of three years or; if for a term following a prior term for that person, ending three years from t…

623-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, …

623-030-0030 Removal of Commissioners The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two unexcused absences, or other neglect of duty in office; (2) Use of the co…

623-040-0005 Per Diem Compensation (1) Subject to the availability of funds in the budget of the commission, the Oregon Hazelnut Commission must pay any member of the commission, other than a member who is employed in full-time public service, compensation for each day or portion…

623-040-0010 Reimbursement of Travel and Other Expenses (1) Subject to sections (2)–(6) of this rule, a member of the Oregon Hazelnut Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred …

623-040-0015 Reimbursement for Hiring a Substitute (1) As used in OAR 623-049-0010, “other expenses” includes expenses incurred by a member of the Oregon Hazelnut Commission in employing a substitute to perform duties, including personal duties, normally performed by the member, …

623-040-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any indi…

623-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 623-040-0130 and OAR 623-040-0140, the Oregon Hazelnut Commission shall provide to a qualified member of the Oregon Hazelnut Commission: (a) Per diem compensation equal to the per diem paid to m…

623-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 623-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Hazelnut Commission shall provide to a non-qualified member of the Oregon Hazelnut Commiss…

623-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Hazelnut Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim …

623-040-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Hazelnut Commission no later than the 15th day of the calendar month following the month in which …

628-001-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the Oregon Forest Resources Institute (OFRI) Board of Directors shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referr…

628-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2006, are hereby adopted as rules of procedure of the Oregon Forest Resources Institute. Statutory/Other Authority:…

628-010-0005 Definitions The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires: (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out off…

628-010-0010 Harvest Tax Rate for OFRI (1) The OFRI Board of Directors shall establish prior to November of each year the rate of privilege tax levied through the harvest tax, pursuant to ORS 321.017. (2) The privilege tax rate established annually by the OFRI Board of Directors …

628-010-0020 Refund of Tax Used for Publications Preamble: These rules implement legislation adopted in 2003 in response to recent federal court decisions involving mandatory assessments by agricultural commodity commissions. In some of these cases the courts have held that commo…

628-010-0030 Compensation for OFRI Board Members, Officers, and Employees (1) In accordance with the procedures set forth in subsections (5) and (6) of this rule, as applicable, OFRI shall provide to a Qualified member of the Board that is not employed in full-time public service…

628-010-0220 Public Records Requests and Fees for Public Records (1) A request to inspect or receive a copy of a public record must: (a) Be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of persons i…

628-010-0230 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Oregon Forest Resources Institute hereby adopts OAR 137-005-0052 as promulgated by the Attorney General on Oct. 27, 2015. Statutory/Other Authority: ORS 36.224(4) Statutes/Oth…

628-020-0000 Definitions The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires: (1) “Board” means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and nonvoting members…