Oregon Administrative Code

670-040-0060 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 Blueberry Commission to the commission at the address provided in 670-040-0020. (2) …

678-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Wheat 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 before t…

678-005-0005 Purpose The Oregon Wheat Commission (OWC) occasionally requires the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts.…

678-005-0010 Basic Policy (1) The OWC will contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission’s own work force; when it will be less expensive to…

678-005-0015 Definitions (1) “Competitive Negotiation” (formal bidding) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized. (2) “Non-Competitive Negotiation” (sole source) is a procurement through solicitati…

678-005-0020 Procurement Method (1) Small purchase procedures may be used for the procurement of services costing not more than $25,000. Price or rate quotations shall be obtained from at least three qualified sources. (2) Competitive negotiation shall be used for personal servic…

678-005-0025 Maintenance of RFP Mailing List The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are av…

678-005-0030 Competitive Negotiation Procedures (1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information: (a) Date and hour by which proposals must b…

678-010-0010 Applications of Assessment Rate to Wheat or Barley Mixtures Any person who is a first purchaser or lien holder as defined by ORS 578.010, shall deduct and withhold the assessment as required by OAR 678-010-0030 on the gross weight of all grain mixtures that contain w…

678-010-0020 Definitions (1) "Commercial Channels" means the sale of wheat, barley, or both for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any whe…

678-010-0030 Assessments (1) Any first purchaser shall deduct and withhold from the grower an assessment of the following amounts for all wheat grown in Oregon as follows: (a) July 1, 2008 and thereafter — 5 cents per bushel. (b) 1991 through June 30, 2008 — 3 cents per bushel. (…

678-010-0040 Reports and Payment of Assessment Monies (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 wheat, barl…

678-010-0050 Penalties (1) Any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one half percent of the amount due for each month of delay thereaf…

678-020-0010 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…

678-020-0020 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…

678-020-0030 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…

678-020-0040 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…

678-020-0050 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…

678-020-0060 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 OAR 678-020-0020. (2) The commission may furnish copies without c…

678-030-0025 Definitions The following definitions shall apply in OAR 678-030-0025 to 678-030-0030. (1) “Grower member” means a person who has been actually engaged in growing wheat in this state for the five year period immediately prior to being appointed to the commission. (2)…

678-030-0027 Number and Qualifications of Voting Commissioners (1) The Oregon Wheat Commission will include eight voting commissioners appointed by the Director of the Oregon Department of Agriculture. (2) Voting commissioners will have the following qualifications throughout the…

678-030-0030 Term Limits Each grower member and public member of the commission shall be appointed to a four-year term. Should a vacancy occur, the Director of the ODA would appoint a replacement for the remainder of the term. Statutory/Other Authority: ORS 578 Statutes/Other Imp…

678-040-0100 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…

678-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 678-040-0130 and OAR 678-040-0140, the Oregon Wheat Commission shall provide to a qualified member of the Oregon Wheat Commission: (a) Per diem compensation equal to the per diem paid to members…

678-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 678-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Wheat Commission shall provide to a non-qualified member of the Oregon Wheat Commission wh…

678-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Wheat Commission no later than the 15th day of the calendar month following the end of the quarter for which the member seeks compensation. For example…

678-040-0140 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 Wheat Commission by the 15th day of the calendar month following the end of the quarter for which …

690-001-0000 Notice Prior to the adoption, amendment, or repeal of any permanent rule by the Water Resources Commission or the Water Resources Department, the Department must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin refe…

690-001-0005 Uniform and Model Rules of Procedure, Adoption The Water Resources Commission adopted the January 1, 2008 edition of the Attorney General's Uniform and Model Rules for Rulemaking. The Water Resources Department and the Water Resources Commission must follow the Unifo…

690-002-0000 Scope and Purpose Contested case hearings for the Water Resources Department are heard by administrative law judges from the Office of Administrative Hearings. The procedural rules for these hearings are provided in OAR 137-003-0501 to 137-003-0700 (the Model Rules o…

690-002-0005 Applicability (1) OAR 690-002-0000 through 690-002-0023 and 690-002-0080 through 690-002-0190 apply to all contested case hearings for the Water Resources Department, except for contested case hearings held pursuant to ORS chapter 539. (2) OAR 690-002-0200 through 69…

690-002-0010 Definitions The following definitions apply to OAR chapter 690, division 002: (1) "Applicant" means a person filing an application or request for a water use permit, certificate, extension, transfer, or any other right, authorization or review provided by the Departm…

690-002-0020 Authorized Non-Attorney Representation A party or limited party participating in a contested case hearing may be represented by an authorized representative in the manner and to the extent provided for in OAR 137-003-0555 of the Attorney General's Model Rules. Statut…

690-002-0023 Agency Representation by Officer or Employee As authorized by the Attorney General pursuant to ORS 183.452, Department officers and employees may represent the Department and Commission in the following types of contested case hearings: (1) Civil penalty hearings und…

690-002-0025 Time for Filing Protests for Protests Not Governed by OAR 690-002-0005(2) (1) Pursuant to the Model Rules of Procedure, a protest is timely filed only if: (a) The protest is filed by the applicable deadline; and (b) The protest includes any statutorily required fees.…

690-002-0030 Form and Content of Protest for Protests Not Governed by OAR 690-002-0005(2) (1) Except for protests specified in OAR 690-002-0005(2), or as otherwise provided in ORS chapters 543 and 543A and OAR chapter 690, divisions 51, 52, 53 and 54 relating to hydroelectric pro…

690-002-0075 Scope of Hearing for Hearings Not Governed by OAR 690-002-0005(2) The issues to be considered in a contested case hearing are limited to issues timely raised by the parties in any protests, requests for hearing, or requests for standing or party status as allowed by …

690-002-0081 Contact Information Parties must timely provide the Department with updated contact information, including any change of address or primary means of electronic communication. The contact information provided in the protest or request for party status or standing, as …

690-002-0085 Method of Filing and Service After Referral After referral, electronic filing and service is the default method of filing and service for contested case proceedings, except: (1) If another form of service is required by statute or OAR 137-003-0501 through -0700, or (…

690-002-0089 Consolidation of Proceedings One or more proposed Department actions may be consolidated into a single proceeding or bifurcated into separate proceedings at the Department’s discretion. If, prior to referral, the Department has decided on consolidation or bifurcation…

690-002-0095 Discovery (1) Prior to or at the time of referral, the Department shall provide a copy of the agency file. (2) Requests for admission are not an available method of discovery in contested cases subject to these rules. (3) An administrative law judge may not order res…

690-002-0175 Exceptions to Proposed Orders of the Administrative Law Judge (1) If the recommended action in the proposed order issued by the administrative law judge is adverse to any party or the Department, the party or Department may file exceptions and present argument to the…

690-002-0190 Exceptions to Final Orders of the Director (1) Any party to a contested case hearing held pursuant to ORS 537.170 or 537.622 may file exceptions to a final order. (a) Parties must file their exceptions with the Department in person, by mail such that they arrive by t…

690-002-0200 Pre-referral Notice The Department will notify the parties prior to referring a protest to the Office of Administrative Hearings. The Department’s notice will include a copy of the agency’s file, an offer to discuss whether there is opportunity for settlement, a prop…

690-002-0205 Default hearing schedule (1) Unless extended pursuant to ORS 536.076(5) or altered by agreement of the parties, the Department, and the administrative law judge, the deadlines in (a) - (n) apply to contested case proceedings governed by these rules. For any referral …

690-002-0210 Form of Testimony An administrative law judge shall, to the greatest extent practicable, require testimony to be provided orally. If written testimony is submitted, it must be subject to oral cross-examination at hearing. Statutory/Other Authority: ORS 536.076(10) St…

690-002-0215 Hearing Location The administrative law judge shall determine the venue for conducting the hearing, subject to the approval of the Water Resources Department, and shall give preference to conducting a hearing by a remote method. Statutory/Other Authority: ORS 536.076…

690-002-0220 Protests (1) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, protests must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notice of the Water Resources Department or, if weekly pu…

690-002-0225 Requests for party status (1) OAR 137-003-0535 does not apply to requests to participate as parties or limited parties in contested case proceedings governed by this rule. (2) Any person who supports the proposed final order may file a request for party status for th…

690-002-0230 Notification of protests received Within 20 days after the close of the protest period, if the protestant is not the applicant, the Department shall send a copy of all protests timely received to the applicant. Statutory/Other Authority: ORS 536.025 & ORS 536.027 Sta…