Oregon Administrative Code

740-300-0030 Violation of ORS 825.100(1), Relating to Operating Without a Permit — Penalties Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100(1) by operating without proper authority, or any rule or order related thereto, in …

740-300-0035 Violation of ORS 825.100(2) — Penalties Except as otherwise ordered by the Department in a particular case, any person who violates ORS 825.100(2) or any rule or order related thereto, in addition to any other penalties authorized by law, shall be subject to a penalt…

740-300-0040 Violation of ORS Chapter 825 and 826 Not Otherwise Provided For — General Penalties (1) Except as otherwise ordered by the Department in a particular case, any person who violates any provision of ORS Chapter 825 or 826, or any rule or order of the Department related…

740-300-0045 Violation of ORS Chapter 818 — General Penalties (1) Except as otherwise ordered by the Department in a particular case, any person who violates or aids and abets a violation of any provision of ORS Chapter 818, or any rule or order of the Department related thereto …

740-300-0050 Mitigation for Violations Described in OAR 740-300-0030, 740-300-0040 and 740-300-0045 A petitioner who has admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0030, 740-300-0040 or 740-300-0045, or who has requested mitigation under OR…

740-300-0055 Mitigation for Violations Described in OAR 740-300-0035 A respondent who has violated ORS 825.100(2) and admitted the allegations of a notice of proposed civil penalties under OAR 740-300-0035, or who has requested mitigation under ORS 825.950(4)(b) within 15 days of…

740-300-0060 Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Penalties Except as otherwise ordered by the Department in a particular case, any person who violates a provision of ORS 825.210, 825.250, 825.252, 825.254, 825.410, and related …

740-300-0070 Violation of Statutes and Rules Related to Safety (Except Hazardous Materials) — General Mitigation A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties under OAR 740-300-0060, or who has requested mitigation under ORS 825…

740-300-0090 Violation of Rules — Civil Penalties Under ORS 825.258 (1) Any person who transports or who causes to be transported, a hazardous material, as defined in OAR 740-110-0020, who violates a rule of the Department adopted under ORS 825.258, shall be subject to the penalt…

740-300-0100 Hazardous Materials Penalty Matrix (1) The guidelines in sections (2) and (3) of this rule shall be applied by staff when determining the monetary penalties to be requested for violations of rules adopted under ORS 825.258, relating to hazardous materials. (2) Catego…

740-300-0110 Violation of Rules Under ORS 825.258 — Mitigation A petitioner who has admitted the allegations of a notice of proposed civil penalty for penalties imposed under OAR 740-300-0090, and who has requested mitigation within 15 days of service of a penalty order, may be e…

740-300-0120 Violations Specified in ORS 825.960, Relating to Out-Of-Service Orders or Notices — Penalties (1) Any person who commits the violation specified in ORS 825.960, related to Out-Of-Service orders or notices, in addition to any penalties otherwise provided by law, shall…

741-015-0010 Purpose ORS 824.016 establishes the State Rail Rehabilitation Fund for the purpose of financing investments in passenger and freight rail in Oregon. The purpose of these Chapter 741, Division 15, administrative rules is to establish the State Rail Rehabilitation Prog…

741-015-0020 Definitions For the purposes of these Division 15 rules, the following terms shall have the following definitions: (1) "Applicant" means: (a) A railroad doing business within the state of Oregon; (b) A public body as defined in ORS 174.109; or (c) A foreign or domest…

741-015-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the State Rail Rehabilitation Fund, as funding is made available. (2) The Department reviews Project applications for compliance with the requirements…

741-015-0030 Application Requirements Applicants interested in receiving funds from the State Rail Rehabilitation Fund may submit to the Department an application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by such inform…

741-015-0040 Application Review and Approval (1) If the proposed project is not already on the Rail Needs Inventory (RNI), the applicant must complete and submit the RNI Intake Form (insert hyperlink to the Intake Form). The Department shall review the Project to determine if the…

741-015-0050 Project Funding Priorities (1) The Department shall prioritize a Project for funding that demonstrates one or more of the following: (a) The Project will use Program Funds or other funding sources to leverage federal discretionary grant funding. (b) Whether the Proje…

741-015-0060 Program Expenditures (1) Project funds, when available and approved, may be awarded for all or for a portion of a Project's cost depending upon applicant's ability to access other funds to invest in the Project. (2) Any single Project may not receive more than 50% of…

741-015-0070 Project Administration (1) The Department and the successful applicant shall execute a contract prior to the disbursal of Program Funds for an Approved Project. (2) The successful applicant shall submit documentation of the projected costs for an Approved Project to …

741-015-0080 Sanctions, Exceptions and Appeals (1) The Department may impose sanctions against a successful applicant that fails to comply with the requirements governing the Program. The Department may not impose sanctions until the applicant has been notified in writing of defi…

741-020-0010 Purpose Chapter 741, Oregon Laws 2003 created the Industrial Rail Spur Fund, allowing for the issuance of lottery bonds to for the purpose of financing grants and loans to fund industrial rail spurs. The purpose of division 20 rules is to establish the Industrial Spu…

741-020-0020 Definitions For the purposes of division 20 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Approved Project” means a Project that the Department has determined will receive funding through either …

741-020-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Industrial Rail Spur Fund, as funding is available. (2) Project applications will be reviewed for compliance with the requirements in OAR 741-020-…

741-020-0030 Application Requirements Persons or entities interested in receiving funds from the Industrial Rail Spur Fund may submit to the Department a written application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by …

741-020-0040 Application Review and Approval Upon receipt of an application the Department shall determine whether the Project is eligible for Program Funds. Projects that meet the following criteria are eligible: (1) The applicant is a railroad doing business within the state of…

741-020-0050 Project Funding Priorities The Department shall consider the following in its determination of which eligible Projects will be approved for receipt of funds from the Industrial Rail Spur Fund: (1) The amount of funding available. (2) Whether the Project will facilita…

741-020-0060 Grant Awards and Match (1) Grant awards shall not exceed 75% of the total Project costs. Loans may be for the full amount of the project. In no case, shall any one project receive more than 50% of the funds available to the Program. (2) Any required local share of a …

741-020-0070 Project Administration (1) The Department and the successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds for an Approved Project. (2) Documentation of the projected costs for an Approved Project shall be submitted to the Depa…

741-020-0080 Sanctions, Exceptions and Appeals (1) The Department may invoke sanctions against applicants that fail to comply with the requirements governing the Program. The Department will not impose sanctions until the applicant has been notified in writing of deficiencies and…

741-025-0010 Purpose The Short Line Credit Premium Account is established in ORS 367.067. The purpose of division 25 rules is to establish the Short Line Railroad Rail Infrastructure Improvement Program as well as procedures, standards and criteria for its operation. Statutory/Ot…

741-025-0020 Definitions For the purposes of division 25 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Department” is as defined in ORS 184.610(2). (2) “Director” is as defined in ORS 184.610(3). (3) “Program…

741-025-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Short Line Credit Premium Account, as funding is available. (2) Project applications will be reviewed for compliance with the requirements in OAR …

741-025-0030 Application Requirements Applications for infrastructure assistance from the Short Line Credit Premium Account shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require. Statutory/Other Aut…

741-025-0040 Application Review and Approval (1) Upon receipt of an application the Department shall determine whether the proposed Project is eligible for Program Funds. Proposed Projects that meet the following criteria are eligible: (a) The applicant is a short line railroad; …

741-025-0050 Project Funding Priorities (1) In evaluating eligible Projects to determine which shall receive infrastructure assistance, the Department shall consider: (a) The amount of funds available in the Short Line Credit Premium Account. (b) Whether the Project has a demonst…

741-025-0060 Grant Awards and Match (1) Grants shall cover 100% of any Credit Risk Premiums set forth in the granting of a federal RRIF loan. (2) No one Project shall receive more than 30% of the funds available to the Program outside of projects for RRIF financing. (3) Any railr…

741-025-0070 Project Administration (1) The Department and successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds. (2) Documentation of projected costs for the Project costs shall be submitted to the Department prior to the disbursal of P…

741-025-0080 Sanctions, Exceptions and Appeals (1) The Department may invoke sanctions against the applicants that fail to comply with the requirements governing the Program. The Department will notify the applicant in writing of deficiencies and give a reasonable amount of time …

741-030-0010 Purpose The purpose of division 30 rules is to implement the Short Line Railroad Rehabilitation Tax Credit program, as well as procedures, standards and criteria for its operation. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Impl…

741-030-0020 Definitions For the purposes of this division of administrative rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Costs that are directly related to the work necessary to maintain, reconstruct or rep…

741-030-0022 Forms The Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification, Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification Amendment, and the Short Line Railroad Rehabilitation Tax Credit Application for…

741-030-0025 Preliminary Certification Application Submission Periods (1) For the year 2020, applicants may submit their application for preliminary certification for short line railroad rehabilitation tax credits, beginning on January 1 and ending on July 31. (2) For the year 20…

741-030-0030 Preliminary Certification Applicant Eligibility (1) To be eligible for preliminary certification, the applicant must be a short line railroad. (2) The applicant must own or lease infrastructure located in Oregon. (3) The applicant's rehabilitation project costs must …

741-030-0040 Preliminary Certification Application (1) Applicants requesting preliminary certification for a short line rehabilitation tax credit must submit their request during the application submission periods specified in OAR 741-030-0025. (2) Applicants requesting prelimina…

741-030-0050 Preliminary Certification Review and Calculation of Potential Tax Credit (1) Project applications will be reviewed for compliance with the requirements of ORS 315.591 - 315.603 and the administrative rules of Chapter 741, Division 30. Upon receipt of an application f…

741-030-0055 Amendment of a Preliminary Certification (1) If any change to the project as described in the preliminary certification occurs, an applicant must file a written amendment request with the Department prior to the completion of the rehabilitation project to amend a pre…

741-030-0060 Final Certification Application and Review (1) The following requirements must be met in order for the applicant to receive final certification: (a) Applicants with completed projects must have a valid preliminary certification for a short line railroad rehabilitatio…

741-030-0065 Fees for Certification (1) When submitting an application for preliminary certification, applicants must include a payment of $250 to the Department. (2) When submitting an application for final certification, applicants shall include a payment not to exceed one half…

741-030-0070 Suspension or Revocation of Preliminary or Final Certification (1) The Director may order the suspension, revocation or forfeiture of a tax credit certification as provided by ORS 315.593(11). (2) For purposes of ORS 315.593(11), the taxpayer otherwise violates or ha…