Oregon Administrative Code

736-149-0830 Contractor Progress Payments (1) Request for progress payments. Each month the contractor shall submit to the department its written request for a progress payment based upon an estimated percentage of contract completion. At the department's discretion, this request…

736-149-0840 Interest (1) Prompt payment policy. The department shall pay promptly all payments due and owing to the contractor on contracts for public improvements. (2) Interest on progress payments. Late payment interest shall begin to accrue on payments due and owing on the ea…

736-149-0850 Final Inspection (1) Notification of Completion; inspection. The contractor shall notify the department in writing when the contractor considers the contract work completed. Within 15 days of receiving contractor's notice, the department will inspect the project and …

736-149-0870 Specifications; Brand Name or Equal Specification (1) Equivalents. The department may identify products by brand names as long as the following language: "approved equal"; "or equal"; "approved equivalent" or "equivalent," or similar language is included in the solic…

736-149-0880 Records Maintenance; Right to Audit Records (1) Records Maintenance; Access. Contractors and subcontractors shall maintain all fiscal records relating to contracts in accordance with generally accepted accounting principles ("GAAP"). In addition, contractors and subc…

736-149-0900 Contract Suspension; Termination Procedures (1) Suspension of Work. In the event the department suspends performance of work for any reason considered by the department to be in the public interest other than a labor dispute, the contractor shall be entitled to a rea…

736-149-0910 Changes to the Work; Contract Amendments (1) Generally: The department may amend a contract if it determines it is in the department’s best interests, subject to the following: (a) Scope: The amended contract is within the scope and attributes of the goods and servic…

737-010-0000 Definitions Relating to Low-Speed Vehicles and Medium-Speed Electric Vehicles As used in division 10 rules and Chapter 865, Oregon Laws 2009, the following definitions apply: (1) “CFR” means Code of Federal Regulations and, unless otherwise expressly identified, refe…

737-010-0005 Enclosed Cab for Three-Wheeled Vehicle Defined "Enclosed Cab" for the purposes of ORS 814.290(1), is a three-wheeled vehicle, such as a motorcycle or moped, with a structural upper frame and roof defining the compartment for driver and passenger(s) that is certified …

737-010-0010 Minimum Safety Standards for Low-Speed Vehicles (1) As the minimum vehicle safety standards for low-speed vehicles, TSO adopts the Federal Motor Vehicle Safety Standards (FMVSS) applicable to low-speed vehicles as set forth in 49 CFR, Part 571.500 (October 1, 2008). …

737-010-0020 Minimum Safety Standards for Medium-Speed Electric Vehicles As the minimum vehicle safety standards for medium-speed electric vehicles, Transportation Safety adopts the standards and requirements set forth below. The vehicle safety equipment requirements described un…

737-015-0010 Purpose The purpose of the rules in division 15 is to implement ORS 802.345 by: (1) Establishing a curriculum for a traffic safety education course under ORS 336.800; (2) Establishing a procedure to certify that a traffic safety education course meets the curriculum …

737-015-0020 Definitions As used in division 15 rules, unless the context otherwise requires: (1) “Adaptive Strategy” means a program element that may be altered to help support and promote driver education in underserved areas of the state. (2) “Approved Course” also “Approved P…

737-015-0030 Curriculum Requirements (1) An approved program curriculum must include for each student: (a) A minimum of 30 hours of classroom instruction, which includes no more than 3 hours in a single day and no more than 6 hours total in any consecutive 7-day period that inclu…

737-015-0035 Adaptive Strategies for Underserved Areas (1) A provider that delivers a course in underserved areas may qualify for regulatory incentives. (2) A provider that teaches an approved program in a rural or frontier community may qualify for an adaptive strategy to help o…

737-015-0050 Instructional Materials and Equipment (1) Current traffic safety education instructional materials shall be provided for each student enrolled for classroom instruction, and shall be available to students during the classroom and behind-the-wheel instruction. (2) Any…

737-015-0060 Use of Driving Simulators (1) Not more than one-half of the required hours specified for behind-the-wheel instruction may be given by means of a driving simulator, in accordance with the ratio for driving simulator to behind-the-wheel instruction found in OAR 737-015…

737-015-0070 Qualifications of an Approved ODOT-TSO Traffic Safety Education Instructor (1) A valid approved instructor certification card issued by ODOT-TSO is required to teach, conduct classes, give demonstrations or supervise the practice of students in an approved program. (…

737-015-0074 Instructor Responsibilities (1) An approved instructor must meet all requirements of his or her employer. (2) An instructor must: (a) Meet all instructor qualifications set forth in OAR 737-015-0070 when teaching in an approved program. (b) Provide a copy of a valid …

737-015-0076 Provider Responsibilities (1) On initial application for approval, a provider must submit the following: (a) Curriculum, including lesson plans, drive routes, and skill assessment forms; (b) Certification numbers for all instructors who will be permitted to teach the…

737-015-0085 Code of Ethics and Rules of Conduct (1) Each provider and instructor accepts the responsibilities and requirements of the driver education profession and must adhere to the highest ethical standards of professional conduct. (2) To fulfill their obligations to the pub…

737-015-0090 Recordkeeping (1) The approved provider must maintain the following records: (a) A record for each student who begins, regardless of whether or not the student completes, an approved course including: (A) The dates of the course, including beginning and end date; (B)…

737-015-0095 Electronic Driver Education Entry (1) DMV shall give an approved provider access to DMV2U to check potential student eligibility, determine subsidy eligibility, and to enter student course results. (2) An approved provider shall ensure the student is eligible to take…

737-015-0100 Subsidy for Approved Courses (1) ODOT-TSO will reimburse approved providers for traffic safety education courses that meet the requirements of OAR 737-015-0010 through 737-015-0130. (2) Approved public providers amount of reimbursement shall not be greater than the n…

737-015-0105 Income-Based Subsidy for Approved Courses (1) As used in this rule, “Low income student” means a student whose household meets income eligibility guidelines for a benefit program administered by an Oregon state or federal agency that is selected by ODOT-TSO. (2) ODOT…

737-015-0110 Inspection and Investigation (1) As used in this rule, “Inspection” means the Division’s inspections of approved providers performed on-site to ensure that providers are in compliance with OAR 737-015-0010 through 737-015-0130. (2) ODOT-TSO may periodically inspect a…

737-015-0120 Provider and Instructor Sanctions (1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of ORS 336.790 to 336.815, or administrative rules promulgated by ODOT-TSO. (2) In determining an appropriate sanction, ODOT-TSO may consider …

737-015-0130 Appeal Process and Reinstatement (1) A provider or instructor has the right to appeal a sanction or other actions. (2) An approved provider or instructor whose approval has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in t…

737-020-0010 Purpose The purpose of these rules is to maintain a list of approved providers to be provided to courts pursuant to Oregon Laws 2017, chapter 629, section 4 by: (1) Establishing minimum standards for course curriculum to implement a distracted driving avoidance cours…

737-020-0020 Definitions As used in these rules, unless the context otherwise requires: (1) “Approved Course” or “course” means a distracted driving avoidance course or program conducted by an approved provider. An approved course may be offered online or in a classroom setting. …

737-020-0030 Curriculum and Completion Requirements (1) An approved curriculum must include a minimum of 90 minutes of instruction that includes: (a) Definition of distracted driving, including the types of distractions drivers face; (b) Review of both Oregon and national statist…

737-020-0040 Provider Applications (1) On application for approval, a provider must submit the following: (a) Application on a form supplied by ODOT-TSO; (b) Curriculum materials, as identified in OAR 737-020-0030(1), (2), (3), and (4); and, (c) Policies as identified in OAR 737-…

737-020-0050 Provider Responsibilities (1) Each approved provider must adopt written policies that include: (a) Participant fees and refunds; (b) Course failures and provision for repeat training by participants who failed to satisfy the course standards, if any; (c) How to manag…

737-020-0060 Code of Ethics and Rules of Conduct (1) Each provider accepts the responsibilities and requirements of the driving education profession and must adhere to the highest ethical standards of professional conduct. (2) To fulfill their obligations to the public and to ODO…

737-020-0070 Recordkeeping (1) The approved provider must maintain the following records: (a) A record for each participant who begins the provider’s distracted driving avoidance course, regardless of whether or not the participant completes an approved course, which includes at …

737-020-0080 Provider Sanctions (1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of Oregon Laws 2017, chapter 629, section 4 or administrative rules promulgated by ODOT-TSO. (2) In determining an appropriate sanction, ODOT may consider th…

737-020-0090 Appeal Process and Reinstatement (1) Upon notification of suspension or revocation a provider is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500. (2) Except as provided for in section (3) of th…

737-025-0000 Purpose of the Rules ORS 184.740 establishes the Safe Routes to School Fund to assist communities in identifying and reducing barriers and hazards to children walking or bicycling to and from school. The purpose of the rules in division 25 is to establish the criteri…

737-025-0010 Definitions and Acronyms (1) “Applicant” means an entity that qualifies under OAR 737-025-0030 and OAR 737-025-0091. (2) “Application” means the form, prescribed by ODOT, and all supplemental attachments, exhibits or other supporting papers. (3) “Bicycling” includes,…

737-025-0011 Safe Routes to School Program Purpose The Oregon Safe Routes to School Program consists of two parts: construction and education. Both programs focus on efforts that improve safety conditions for children to walk or bicycle to school. These programs are intended to a…

737-025-0012 Safe Routes to School Advisory Committee A Safe Routes to School Advisory Committee is formed to guide the Safe Routes to School Construction and Education programs. The committee is advisory to the Oregon Department of Transportation (ODOT) and the Oregon Transporta…

737-025-0020 Grant Application Procedure (1) In January of odd-numbered years, ODOT will announce the schedules to submit grant applications for grants from the Safe Routes to School construction and education programs. Applications will not be accepted at times outside an announ…

737-025-0030 Who May Apply for Education Grants Eligible applicants for SRTS Fund education grants include: (1) A school district, or a qualifying school not represented by a school district, in cooperation with the governing body (or bodies) with jurisdiction over the affected r…

737-025-0040 Eligible Projects and Activities for Education Grants Eligible Projects and Activities for Education Grants (1) Grants awarded through the Safe Routes to School Education Program may be used for projects or activities in: (a) Education; (b) Enforcement; (c) Safe Rout…

737-025-0050 Grant Application Requirements for Education Grants An eligible applicant applying for an education grant from the SRTS Fund must submit an application following ODOT specifications in 737-025-0020. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 S…

737-025-0070 Project Selection Criteria for Education Grants The following criteria will be used to select projects to receive SRTS Fund grants: (1) Technical Merit: (a) Adherence to appropriate design standards or methodology if applicable. (b) Appropriate scope of work in relat…

737-025-0080 Project Selection and Awarding Education Grants (1) TSO will review the applications to determine if: (a) The applicant and the project are eligible for a SRTS Fund grant; and (b) The project proposal complies with the appropriate standards or practices for the work …

737-025-0090 Safe Routes to School Construction Grants Program Description Funds shall be provided for grants that support biking walking and bicycling infrastructure safety improvement projects to and from schools. (1) Project Identification Grant Program – up to 2.5 percent ava…

737-025-0091 Eligible Entities, Projects, and Activities for Construction Grants (1) For the Rapid Response and Competitive Grant Programs: (a) Eligible entities include: ODOT, cities, counties, transit district, tribes and any eligible road authority as defined under ORS 810.010…

737-025-0092 Project Selection Criteria for Construction Grants (1) The following criteria will be used to select projects for the Construction Competitive Grant Program: (a) Technical Merit: (A) Conformance to plan developed pursuant to ORS 195.115, state land use laws and appro…