Oregon Administrative Code

736-060-0005 Policy It is the policy of the Parks and Recreation Department to apply to the Water Resources Department for instream water rights on the streams, rivers, lakes, and wetlands of the state to protect scenic attraction and recreational values for the benefit of presen…

736-060-0010 Definitions As used in these rules: (1) “Application” means the instream water right application form developed by the Water Resources Department as referenced in OAR 690-077-0020(1). (2) “Commission” means the Parks and Recreation Commission. (3) “Department” means …

736-060-0015 Recreation Flow Requirement Methodology (1) Recreation flow requirements requested in Department instream water right applications shall be based on the methodology in this section. According to this methodology, the recreation flow is the flow or water level needed …

736-060-0020 Responsibilities to WRD (1) The Department shall coordinate with WRD on establishing priorities for monitoring of flows of instream water rights: The Department shall coordinate with WRD watermasters to develop monitoring plans for instream water rights. The location…

736-060-0030 Internal Application Process for Instream Water Right (1) While only Parks, ODF&W, and DEQ may request instream water rights, requests may be initiated by the Department, by other local, state, or federal agencies, or by the public at large. (2) All requests and stud…

736-060-0040 Purchase, Lease, or Gift of Water Rights for Instream Water Rights (1) The Department may purchase, lease, or accept as gifts, water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 73…

736-070-0010 Purpose (1) The purpose of these rules is to establish the procedures used by the Parks and Recreation Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, division 30 and 31. The State Agency Coo…

736-070-0020 Definitions As used in these rules: (1) “Acknowledged Comprehensive Plan” means a city or county comprehensive land use plan and land use regulations or plan or regulation amendment which complies with the goals as provided in ORS 197.251, 197.640 to 197.649 and 197.…

736-070-0030 Applicability This division is applicable to the following Department land use actions in accordance with OAR 660-030-0005: (1) Adoption or amendment of State Park Master Plans. (2) Construction of major development projects or major park facilities. (3) Tree removal…

736-070-0040 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations Prior to undertaking any land use action listed in OAR 736-070-0030, the Department will use the following procedures: (1) Except where it is…

736-070-0050 Dispute Resolution (1) It is the intent of the Department to achieve compatibility between Department land use actions and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its st…

736-070-0060 Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs That May Have a Significant Effect on Land Use (1) Except as provided in section (2) of this rule, the Department shall assure that new rules and programs which qualify …

736-070-0070 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with state and federal agencies and special districts on Department’s projects or actions affecting land use as listed in OAR 736-070-0030 and in Section IV of…

736-070-0080 Cooperation and Technical Assistance to Local Governments (1) Subject to statutory and budgetary limitations, the Department: (a) Will provide technical assistance and information to local government; (b) May participate in local land use planning and regulations, in…

736-080-0005 Scope and Purpose (1) The purpose of these rules is to describe the procedures for imposing and enforcing civil penalties for violations of state ocean shore statutes, regulations, permits and orders. Definitions, notice requirements, a penalty schedule and hearing p…

736-080-0010 Definitions (1) “Alteration” — means “improvement” as that term is defined by statute, ORS 390.605(1), and included in these definitions at OAR 736-080-0010(8). (2) “After the Fact Application” — means an application for an alteration permit under ORS 390.640, a perm…

736-080-0020 Civil Penalty Policy (1) Upon the Director’s own initiative, or in response to a complaint of an alleged violation of ocean shore statutes, rules, standards, permit conditions, or Director’s order, the Director may investigate, including entering at reasonable times …

736-080-0030 Notice of Violation (1) The party responsible for an ocean shore violation, or the landowner if the violation occurs on private property within the ocean shore, shall be notified of the violation at such time as the Director determines a violation has occurred. Notic…

736-080-0040 Continuing Notice of Violation and Repeat Violations A notice of violation shall be considered a continuing notice for a period of three years following the date of the notice. A person or agency commits a repeat violation if they make an alteration on the ocean shor…

736-080-0050 Determination of Civil Penalty Civil penalties shall be computed using the following formula; P = BF x C x V x F x I , where: (1) “P” is the amount of penalty in dollars; (2) “BF” is the base fine which shall be $500; (3) “C” shall indicate the level of cooperation o…

736-080-0060 Notice of Civil Penalty (1) Persons or agencies who have received a notice of violation under OAR 736-080-0030, but have not corrected, or have only partially corrected the violation by the time specified in the notice, or who have committed a repeat violation under …

736-080-0070 Opportunity for Hearing/Judicial Review (1) A person or agency receiving a notice of civil penalty may request a hearing by making written application to the Department within 20 days of the service date of the notice. The service date of the notice shall be the date…

736-100-0000 Purpose The mission of the Oregon Parks and Recreation Department is to provide and protect outstanding natural, scenic, cultural, historic and recreational sites for the enjoyment and education of present and future generations. The Department is guided by the Parks…

736-100-0010 Goal Two — Promote Outdoor Recreation in Oregon The Oregon Parks and Recreation Department is the state’s principal advocate, leader and source of expertise and support for outdoor recreation. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390…

736-100-0020 Goal Three — Advance the Principles of Conservation and Sustainability in Land Management, Development and Business Practices The Commission and the Department hold a public trust to protect Oregon's park system, including the Willamette River Greenway, State Scenic …

736-100-0030 Goal Four — Preserve Oregon's Rich Cultural Heritage and Broaden Public Understanding of Oregon's Historic Places and Events The cultural history of Oregon — structures, landmarks, and special places — extends beyond the boundaries of park properties. The Heritage Co…

736-100-0040 Goal One — Acquire Properties that Build Upon the Diversity and Strength of Our Current System The Oregon state park system is a rich mosaic of Oregon's natural resources, scenic landscapes and history. In 1998, voters sent a clear message of support for the enhancem…

736-100-0050 Goal Five — Deliver World-class Experiences to Park Visitors World-class experiences create vivid memories that enrich the lives of our visitors, and deepen their understanding of Oregon’s natural, historical and cultural resources. Bringing those experiences to life…

736-100-0060 Goal Six — Promote Access to Oregon's Beaches, Trails and Waterways Oregon's park properties belong to the people. The Commission is entrusted with ensuring reasonable access to park lands for all while simultaneously considering resource protection and local land us…

736-100-0070 Goal Seven — Provide Varied, High-quality Camping and Other Overnight Experiences Camping is a cornerstone of the Oregon state park experience. Demand for camping and other overnight stays in parks is increasing and becoming more varied, and the Department must respo…

736-100-0080 Goal Eight — Seek Sufficient and Stable Operational and Long-term Funding While Oregon voters accorded the Department a greater measure of financial stability and sufficiency in 1998 through a dedicated share of the state lottery, the Department’s revenue sources are…

736-140-0000 Use of Collaborative Dispute Resolution Processes (1) Unless otherwise precluded by law, the agency may, in its discretion, use a collaborative dispute resolution process in contested cases, rulemaking proceedings, judicial proceedings, and any other decision-making …

736-140-0001 Assessment for Use of Collaborative DR Process (1) Before instituting a collaborative dispute resolution process, the agency may conduct an assessment to determine if a collaborative process is appropriate for the controversy and, if so, under what conditions. (2) A …

736-140-0002 Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies (1) For the purposes of this rule, “complex public policy controversy” means a multi-party controversy that includes at least one governmental participant and that affects the broad…

736-140-0003 Agreement to Collaborate In preparation for, or in the course of, a collaborative DR process the agency and the other participants may enter into a written agreement to collaborate. This agreement may include: (1) A brief description of the dispute or the issues to b…

736-140-0004 Selection and Procurement of Dispute Resolution Providers (1) The agency may select the collaborative DR provider or may opt to select the provider by consensus of the participants. (2) A collaborative DR provider who has a financial interest in the subject matter of…

736-140-0006 Confidentiality of Collaborative Dispute Resolution Communications (1) For the purposes of this rule, (a) “Agreement to mediate” means a written agreement to mediate executed by the parties establishing the terms and conditions of the mediation, which may include pro…

736-140-0011 Mediation Confidentiality (1) The words and phrases used in these rules have the same meaning as given to them in ORS 36.110 and 36.234. In addition, as used in this rule, unless the context requires otherwise: (a) “Agency” or “the agency” means Oregon Parks and Recr…

736-140-0015 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency's employees, officials or emplo…

736-140-0021 Mediation (1) Unless otherwise provided by law, mediation is a voluntary process from which the agency and other participants may withdraw at any time. (2) The mediator does not represent the interests of any of the participants or offer legal advice. Likewise, the m…

736-140-0025 Contract Clauses Specifying Dispute Resolution (1) The agency may specify or require any form of dispute resolution except binding arbitration as a condition of a contract. (2) The agency may specify binding arbitration by contract only if the Attorney General has ap…

736-146-0010 Application (1) Purpose: The purpose of this division is to establish a comprehensive framework governing the Oregon Parks and Recreation Department’s (OPRD) procurement processes. Pursuant to the authority granted under ORS 279A.025(3)(k), these rules enable the dep…

736-146-0012 Definitions (1) “Contract Administration” means all functions related to a given contract between OPRD and a contractor from the time the contract is awarded until the work is completed and accepted or the contract is terminated, payment has been made, and disputes h…

736-146-0015 Special Approvals for Public Contracts When Required (1) When Attorney General legal sufficiency approval is required under ORS 291.047, the department must seek legal approval. (2) When the department contracts for services normally provided by another contracting a…

736-146-0050 Contract Administration; General Provisions (1) The department conducts procurements for goods or services, including architectural, engineering, land surveying and related services, and public improvements. (2) The department must appoint, in writing, a contract adm…

736-146-0060 Payment Authorization of Cost Overruns for Goods or Services including Architectural, Engineering and Land Surveying Services and Related Services Contracts (1) Payments on contracts that exceed the maximum contract consideration require approval from the department’…

736-146-0070 Ethics in Public Contracting — Policy Oregon public contracting is a public trust. The department and contractors involved in public contracting must safeguard this public trust. Statutory/Other Authority: ORS 244.010, ORS 244.400, ORS 279A.070, ORS 279A.025(3)(k) & …

736-146-0080 Ethics in Selection and Award of Public Contracts (1) OPRD officers, employees or agents involved in the process of the selection and award of public contracts must carefully review the provisions of ORS 244.040. (2) OPRD officers, employees and agents are prohibited…

736-146-0100 Non-retaliation Retaliation against anyone who complies with the rules in this division related to ethics is prohibited. Any officer, employee or agent of the department or contractor who engages in retaliation action will be subject to penalties pursuant to ORS 279A…

736-146-0110 Ethics in Specification Development (1) The department and contractors must not develop specifications that primarily benefit a contractor, directly or indirectly, to the detriment of the department or the best interest of the state. (2) The department must not devel…