Oregon Administrative Code

661-010-0050 Intervention (1) Standing to Intervene: The applicant and any person who appeared before the local government, special district or state agency may intervene in a review proceeding before the Board. Status as an intervenor is recognized when a motion to intervene is …

661-010-0052 Amicus Participation (1) A person or organization may appear as amicus only by permission of the Board on written motion. The motion shall set forth the interest of the movant and state reasons why a review of relevant issues would be significantly aided by participa…

661-010-0055 Consolidation The Board, at the request of any party or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s) or limited land use decision(s). A request for consolidation m…

661-010-0065 Motions (1) When Motion is Appropriate: Unless these rules or applicable statutes provide another form of application, a request for an order or relief shall be made by filing a motion in writing for such order or relief. A motion shall show proof of service on all p…

661-010-0067 Extensions of Time (1) In no event shall the time limit for the filing of the notice of intent to appeal be extended. (2) Except as provided in this section, in no event shall the time limit for the filing of the petition for review be extended without the written co…

661-010-0068 Stays (1) A motion for a stay of a land use decision or limited land use decision shall include: (a) A statement setting forth movant’s right to standing to appeal the decision; (b) A statement explaining why the challenged decision is subject to the Board’s jurisdic…

661-010-0069 Transfers (1) Motion to Transfer to Circuit Court: (a) Any party may request, pursuant to ORS 34.102, that an appeal be transferred to the circuit court of the county in which the appealed decision was made, in the event the Board determines the appealed decision is …

661-010-0070 Final Order of Board (1) An Order of the Board is final when the cover page of the order containing the caption of the appeal: (a) States “Final Opinion and Order”; (b) Indicates whether the decision being reviewed is affirmed, reversed, remanded, transferred, invali…

661-010-0071 Reversal or Remand of Land Use Decisions (1) The Board shall reverse a land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is prohibited as a ma…

661-010-0073 Reversal or Remand of Limited Land Use Decisions (1) The Board shall reverse a limited land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is pr…

661-010-0075 Attorney Fees (1) Attorney Fees: (a) Time for Filing: The prevailing party may file a motion for attorney fees no later than 14 days after the final order is issued. The prevailing party shall serve a copy of any such motion for attorney fees on all parties. (b) Atto…

664-001-0000 Notice of Intended Rulemaking To provide a reasonable opportunity for interested persons to be notified of the Commission’s proposed administrative rulemaking actions, the Commission shall give notice of its proposed adoption, amendment or repeal of any administrativ…

664-010-0000 Definitions (1) “Person” means any individual, corporation, association, partnership or joint stock company. (2) “Commission” means the Oregon Clover Seed Commission. (3) “Casual Sale” means any casual sale or sales of Clover made by the producer direct to the consum…

664-010-0005 Assessments Any first purchaser shall deduct and withhold an assessment of 1/2 percent total gross sale prior to any deducted value of product paid to the producer thereof, for seed produced in the 2001 crop year and following, for all clover seed produced in Oregon …

664-010-0010 Reports and Payment of Assessment Monies (1) Except as otherwise exempt or provided by regulation, a first purchaser or handler shall forward to the Commission on or before July 30th, October 30th, January 30th and April 30th (30 days after the end of the quarter on …

664-010-0020 Penalties Penalty for delaying transmittal of assessment moneys (ORS 576.355) "In addition to the penalties prescribed in 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and s…

664-010-0030 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 664-010-0005 or the reports required by him or seed purchased and paid for on or after July 1, 1991 of a clover seed produced …

664-015-0010 Number of Commissioners, Terms The Oregon Clover Commission will consist of ten commissioners 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…

664-015-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) "Producer" means 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,…

664-015-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including, but not limited to, the following reasons: (a) Two unexcused absences, or other neglect of duty in …

664-020-0100 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…

664-020-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 664-020-0130 and OAR 664-020-0140, the Oregon Clover Seed Commission shall provide to a qualified member of the Oregon Clover Seed Commission: (a) Per diem compensation equal to the per diem pai…

664-020-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 664-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Clover Seed Commission may provide to a non-qualified member of the Oregon Clover Seed Com…

664-020-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Clover Seed Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a cla…

664-020-0140 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 Clover Seed Commission no later than the last day of the fiscal year in which the member incurred …

664-030-0010 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…

664-030-0020 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…

664-030-0030 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…

664-030-0040 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…

664-030-0050 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…

664-030-0060 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 Oregon Clover Seed Commission to the commission at the address provided in 664-030-0020. (2…

668-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending, or repealing any permanent rule, the Oregon Strawberry Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days be…

668-010-0005 Definitions (1) "Person" means any individual, corporation, association, partnership, or joint stock company. (2) "Commission" means the Oregon Strawberry Commission. (3) "First Purchaser" means any person who buys strawberries from the producer in the first instance…

668-010-0010 Assessments (1) As authorized or required by ORS 576.325 and 576.335, any person who is a first purchaser (or otherwise is required to pay an assessment to the Oregon Strawberry Commission) for all purchases of strawberries grown in Oregon, including conventinal and …

668-010-0015 Reports and Payment of Assessment Moneys (1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of strawberrie…

668-010-0020 Penalties Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states: “In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commissio…

668-010-0025 Effective Dates of Assessment The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 668-010-0010(1), or the reports required under OAR 668-010-0015, applies to and covers any purchase by him or delivery on or a…

668-020-0010 Purpose of Public Records Requests Processing Rules 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 reasonable r…

668-020-0020 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…

668-020-0030 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…

668-020-0040 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…

668-020-0050 Fees 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 recor…

668-020-0060 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 668-020-0020. (2) The commission may furnish copies without charg…

668-030-0010 Number of Commissioners and Terms The Oregon Strawberry Commission will consist of seven commissioners appointed by the Director of the Oregon Department of Agriculture for a term or three years or, if for a term following a prior term for that person, ending three y…

668-030-0020 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, …

668-030-0030 Removal of Commissioners The Commission may make a recommendation to the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) Two consecutive unexcused absences, o…

668-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Oregon Strawberry Commission will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are …

668-040-0010 Per Diem Compensation (1) Subject to the availability of funds in the budget, the 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 thereof during which the member i…

668-040-0020 Reimbursement of Travel and Other Expenses (1) Subject to subsections (2) through (6) of this rule, a member of the Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in th…

668-040-0030 Reimbursement for Hiring a Substitute (1) As used in OAR 668-040-0020, "other expenses" includes expenses incurred by a member of the Commission in employing a substitute to perform duties, including personal duties, normally performed by the member, which the member…