Oregon Administrative Code

731-035-0050 Competitive Grant Application Review (1) The Department will review applications received to determine whether the application is complete and whether the Applicant and the Transportation Project are eligible for Program Funds. (2) Applicants that meet all of the fol…

731-035-0060 Competitive Grant Project Selection (1) The Commission will approve projects to be funded through a grant Agreement with moneys in the Connect Oregon Fund. (2) To the extent that proposed Projects meet the qualifications established in OAR 731-035-0050 and 731-035-00…

731-035-0065 Dedicated Projects (1) Dedicated Projects and the maximum funds to be distributed to those Dedicated Projects are: (a) Mid-Willamette Valley Intermodal Facility, $25 million; (b) Treasure Valley Intermodal Facility, $26 million; (c) Rail expansion in East Beach Indus…

731-035-0070 Competitive Grant Application Awards and Match (1) Once the Commission makes a decision to award funding for an eligible project under 731-035-0060 the amount of the grant award is considered allocated from Program Funds. If an Agreement with a Recipient has not been…

731-035-0080 Project Administration (1) The Department will administer all projects. (2) The Department and a grant recipient of an Approved Project will execute an Agreement prior to the disbursal of Program Funds for an Approved Project. The Agreement is effective on the date a…

731-035-0110 Federal Grant Match Application Purpose ORS 367.080 to 367.086 creates the Connect Oregon Fund, established for the purpose of financing grants to fund Transportation Projects that involve air, marine and rail modes. The purpose of OAR 731-035-0110 through OAR 731-03…

731-035-0120 Definitions The terms as defined in OAR 731-035-0020 apply to OAR 731-035-0110 through OAR 731-035-0180. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DO…

731-035-0130 Federal Grant Match Application Submission Periods (1) The Department will announce time periods for submitting applications for funding from the Connect Oregon Fund. The announcements will state if the Department is taking applications for the Competitive Grant Appl…

731-035-0140 Federal Grant Match Application Requirements Applicants interested in receiving funds from the Connect Oregon Fund must submit a written application to the Department. The application must be in a format prescribed by the Department and contain or be accompanied by s…

731-035-0150 Federal Grant Match Application Eligibility Review (1) The Department will review applications received to determine whether the application is complete and whether the Applicant and the Transportation Project are eligible for Program Funds. (2) Applicants that meet …

731-035-0160 Federal Grant Match Project Selection (1) The Commission will approve projects to be funded through a grant Agreement with moneys in the Connect Oregon Fund. (2) Prior to selecting projects to be funded with moneys in the Connect Oregon Fund, the Commission shall sol…

731-035-0170 Federal Grant Match Application Awards and Match (1) Once the Commission decides to award funding for an eligible project under OAR 731-035-0160, the amount of the grant award is considered allocated from Program Funds. (a)(A) If the federal agency that administers t…

731-035-0180 Federal Grant Match Application Project Administration If the federal agency that administers the federal grant applied for by the Recipient announces a Notice of Grant Award and the Approved Project is selected upon notification the Department will administer all pr…

731-036-0010 Purpose of the Rules ORS 367.081 establishes the Multimodal Active Transportation Fund for the purpose of providing grants for bicycle and pedestrian transportation projects. The purpose of the rules in Division 36 is to establish the criteria used in awarding grants…

731-036-0020 Definitions and Acronyms For the purposes of Division 36 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Agreement” means a legally binding contract between the Department and Recipient that contains the…

731-036-0030 Multimodal Active Transportation Fund Purpose (1) The Multimodal Active Transportation Fund was established by ORS 367.081 to provide grants for pedestrian and bicycle transportation projects. Pedestrian and bicycle transportation projects include the development, co…

731-036-0040 Grant Application Procedure and Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Multimodal Active Transportation Fund by July 1 of each year. (2) Project applications will be reviewed for compli…

731-036-0050 Who May Apply for Multimodal Active Transportation Fund Grants (1) Eligible applicants for the Multimodal Active Transportation Fund include: (a) A city, county, state, regional government body, tribe, transit district, school district, special government body, or ot…

731-036-0060 Eligible Projects and Activities for Multimodal Active Transportation Fund Grants Projects that meet all of the following criteria are eligible: (1) The project is a Transportation Project that is open for public use; (2) The Project will assist in developing a multi…

731-036-0070 Grant Application Requirements (1) Applicants interested in receiving funds from the Multimodal Active Transportation Fund must submit an application to the Department. The application must be in a format prescribed by the Department and contain or be accompanied by …

731-036-0080 Project Selection Criteria The following criteria may be used to select projects for receipt of funds from the Multimodal Active Transportation Fund: (1) Technical merit. (a) Conformance with adopted plans, state land use laws, and applicable federal, state, and loca…

731-036-0090 Application Review (1) The Department will review applications received to determine: (a) Whether the application is complete per the requirements of OAR 731-036-0070, and (b) Whether the Applicant and the Project are eligible for Program Funds per the requirements o…

731-036-0100 Project Selection and Award (1) The Commission will select Projects to be funded through a grant with moneys in the Multimodal Active Transportation Fund. (2) Prior to selecting Projects to be funded with moneys in the Multimodal Active Transportation Fund, the Commi…

731-036-0110 Grant Awards and Match (1) Once a project is selected by the Commission under 731-036-0100 the amount of monies identified by the Commission is considered allocated from Program Funds to a Recipient for an Awarded Project. (2) Grants will be awarded only when there a…

731-036-0120 Project Administration (1) The Department will administer all grants. (2) The Department and an Applicant of an Approved Project will execute an Agreement prior to the disbursal of Program Funds for an Approved Project. The Agreement is effective on the date all requ…

731-040-0010 Purpose (1) OAR 731, division 40, describe the process for initiating, evaluating, authorizing and administering tollway projects on state right of way proposed by private entities, local or regional governments and the Oregon Department of Transportation and combina…

731-040-0020 Definitions As used in OAR 731, division 40 rules: (1) “Commission” means the Oregon Transportation Commission. (2) “Department” means the Department of Transportation. (3) “Director” means the Director of the Oregon Department of Transportation or the designee there…

731-040-0030 Initiation by Public and Private Entities and Administrative Fee A private entity, individual or unit of government may submit an application for review of an unsolicited Tollway Concept Proposal at any time. A private entity or individual must pay an administrative …

731-040-0031 Initiation Process for Unsolicited Tollway Concept Proposals (1) This rule applies to unsolicited TCPs from private entities, individuals and units of government, pursuant to ORS 383.015. (2) Any administrative fees described in OAR 731-040-0030 must accompany the ap…

731-040-0039 Authorization of Tollway Projects (1) This rule applies to all proposed tollway projects. (2) The Department will evaluate a proposed tollway project and provide findings and a recommendation to the Commission. The Department may not recommend authorization of a toll…

731-040-0041 Authorization of Tollway Projects on Interstate Bridges (1) This rule applies to all proposed tollway projects to establish tolls on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the Depa…

731-040-0050 Evaluation and Authorization (1) This rule applies to all proposals to approve initial toll rates on an authorized tollway project, including proposals submitted jointly with the Department under an OIPP agreement. (2) The operator must create a process equity plan p…

731-040-0051 Process for Approving Initial Rates on Tollways on Interstate Bridges (1) This rule applies to a proposal to approve initial toll rates on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by th…

731-040-0056 Process for Approving Revised Rates, Generally (1) This rule applies to a tollway operator, including a tollway operator operating jointly with the Department under an OIPP agreement. (2) Proposals to revise toll rates shall include analysis and documentation of the …

731-040-0061 Process for Approving Revised Rates on Interstate Bridges (1) This rule applies to a tollway operator’s proposal to revise the tolls on a tollway on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submi…

731-040-0062 Tolling System Compatibility with the State of Washington Toll collection and enforcement systems used on tollways in Oregon shall be inter-operable with toll collection and enforcement systems used in the State of Washington to the extent technology permits. Statuto…

731-040-0064 Civil Penalties for Failure to Pay a Toll (1) In addition to any other penalty or sanction provided by law, a person who is required to pay a toll as described in ORS 383.035 and fails to pay a toll established pursuant to ORS 383.004, shall pay to the department, fo…

731-040-0065 Tollway Operator Performance Review (1) This rule applies to tollway operators, including those operating jointly with the Department under an OIPP agreement. (2) A tollway operator shall provide a written annual performance review of the tollway to the Department an…

731-040-0075 Customer Data (1) Customer records and information used to collect and enforce tolls follow the disclosure requirements specified in ORS 383.075. (2) Public records request fees and requirements for the Department are described in OAR 731-001-0025. (3) An individual …

731-050-0010 Definition of District Highway For purposes of chapter 669, Oregon Laws 2001 (HB 2142), "District Highway" means a state facility of county-wide significance that functions largely as a county and city arterial or collector. Statutory/Other Authority: ORS 184.616, 18…

731-050-0020 Definition of “Ready for Construction” For purposes of Section 57, Chapter 618, Oregon Laws 2003 (HB 2041), “Ready for Construction” means that priority will be given to modernization projects, that as of the effective date of this rule: (1) Have completed plans, spe…

731-065-0001 Purpose As required by ORS 184.906, ODOT has established a small business development program. These rules are to implement and administer this program. They detail eligibility criteria, program duration, disqualification factors, and the process for requesting recon…

731-065-0010 Definitions The following definitions apply to terms used in ORS 184.906 and these rules: (1) “Active Project” is an SBDP project where a contract has been awarded but not yet reached Second Notification. “Second Notification” is a written acknowledgment by the ODOT …

731-065-0020 Qualifying Criteria (1) A Business may qualify to participate in the SBDP through proof of valid SBA registration, Certification from COBID, or Self-Qualification. (2) Qualification through valid SBA registration or Certification. A Business may qualify for participa…

731-065-0030 Application Process, Program Participation Term, and Renewal (1) A Business may submit an application to participate via the SBDP application online through the ODOT website or by delivering a hard copy to 355 Capitol St. NE, MS11, c/o SBDP, Salem, OR 97301. (2) Upon…

731-065-0040 Change In Qualifying Criteria (1) If a Business no longer meets SBDP qualifying criteria, the Business must notify the Department of the change within 30 calendar days. A change in qualifying criteria only impacts future bidding opportunities in the SBDP. (2) If the …

731-065-0050 Disqualification (1) The Department may disqualify and terminate the participation of a Business if it determines that a Business no longer meets the eligibility criteria set out in section 731-065-0020. (2) When the Department determines that the Business no longer …

731-065-0060 Misconduct Disqualification (1) The Department may disqualify a Business and terminate SBDP participation due to misconduct. (2) Reasons for Misconduct Disqualification include, but are not limited to: (a) The Applicant knowingly made a false claim, or misrepresented…

731-065-0070 Administrative Reconsideration Process and Final Determination (1) Following the receipt of any Notice of Intent, a Business can request Administrative Reconsideration. (2) Any request for Administrative Reconsideration must be in writing and received by the Departme…

731-065-0080 Project Selection (1) For purposes of this rule “SBDP participant” means a business that meets the qualifying criteria established in OAR 731-065-0020. (2) ODOT may select a public improvement project to be in the SBDP if it meets the following selection criteria, as…