Oregon Administrative Code

170-002-0115 Procurement Method (1) For any Contract estimated to cost $50,000 or less, the Treasurer may allow a preference for, or limit competition to, contracting entities owned or controlled by disadvantaged persons described in ORS 279A.100(1). (2) The Treasurer may partici…

170-002-0120 Small Procurements (1) Generally. For Procurements less than or equal to $25,000, the Treasurer may award a Contract as a small procurement under ORS 279B.065. (2) Amendments. The Treasurer may amend a Contract awarded as a small procurement. However, cumulative amen…

170-002-0125 Intermediate Procurements (1) Generally. For procurements of Goods or Services greater than $25,000 and less than $250,000, the Treasurer may award a Contract as an intermediate procurement pursuant to ORS 279B.070. (2) Negotiations. The Treasurer may negotiate with …

170-002-0130 Sole-source Procurements (1) Generally, the Treasurer may award a Contract for Goods and Services without competition as a sole-source procurement pursuant to the requirements of ORS 279B.075. (2) Public Notice. If, but for the determination that the Treasurer may en…

170-002-0135 Emergency Procurements The Treasurer may award a Contract as an emergency procurement pursuant to the requirements of ORS 279B.080. The Treasurer will competitively procure Goods and Services in an emergency using a process that is reasonable and appropriate under th…

170-002-0140 Special Procurements (1) Generally. The Treasurer may award a Contract as a special procurement pursuant to the requirements of ORS 279B.085. (2) Public Notice. The Treasurer will give public notice in the same manner as public notice under ORS 279B.055(4). The publi…

170-002-0145 Discretionary Exempt Procurements When a Procurement conducted by the Treasurer is Exempt, the Treasurer will generally follow the requirements and procedures set forth in ORS chapter 279B. However, the Treasurer may employ other processes that the Treasurer deems pr…

170-002-0147 Purchases Through Federal Programs (1) The Treasurer may purchase goods and services through federal programs described in ORS 279A.180 without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, prov…

170-002-0150 Offers (1) An Offer submitted in response to a competitive Procurement is irrevocable, valid and binding on the Offeror for not less than 30 days after the Closing unless otherwise specified in the Solicitation Document, or the Offer is modified or withdrawn as allow…

170-002-0155 Electronic Procurements (1) The Treasurer may conduct all phases of a Procurement, including providing public notice and receiving Offers, by electronic methods as provided in a Solicitation Document, or any other written instructions on how to participate. (2) Any O…

170-002-0160 Offer Preparation Any Offeror submitting an Offer must sign the Offer, and include any information, forms or other documents required by the Solicitation Document. An Offeror must sign any correction or erasure in its Offer prior to the Closing date and time as permi…

170-002-0165 Late Offers, Late Withdrawals, Late Modifications The Treasurer will not consider late Offers, late withdrawals or late modifications of an Offer received after the Closing date and time, unless otherwise provided in these rules or the Solicitation Document. Statutor…

170-002-0170 Mistakes (1) An Offeror may not correct or withdraw an Offer for an error in judgment. If the Treasurer finds mistakes in an Offer after opening, but before Contract Award, the Treasurer may take the following action: (a) Waive, or permit an Offeror to correct, a min…

170-002-0175 Cancellation, rejection, delay of invitations for bids or requests for proposals (1) Any Procurement may be canceled, or any or all bids or proposals may be rejected in whole or in part, when the cancellation or rejection is in the Treasurer’s best interest. The reas…

170-002-0300 Protest Filing and Judicial Review (1) This rule applies to both Exempt Procurements and Contracts, and Procurements and Contracts for Goods and Services. (2) Before seeking judicial review, an affected person must file a written protest with the Treasurer. An affect…

170-040-0020 Expenses of Administration Paid by Depositories For the services, duties and activities of the Office of the State Treasurer (OST) performed under ORS Chapter 295, the OST shall charge depositories for the costs incurred by the OST based on a fixed fee plus a pro rat…

170-040-0030 Approval of Loan Repayment Obligations Pledged by Depositories (1) Loan repayment obligations owed by a county, city, school district, port district or other public body in the State of Oregon may be pledged by a depository as collateral only after the depository has…

170-040-0040 Approval of Bond Anticipation Notes Pledged by Depositories (1) Bond anticipation notes issued, sold or assumed by an authority under ORS 441.560 may be pledged as collateral by a depository only after the depository has received written approval from the Office of t…

170-040-0050 Public Officials’ Notification of Depositories Each public official shall maintain on file with the Office of the State Treasurer the name and address of each depository in which the public official deposits public funds and shall update such information at least ann…

170-040-0060 Accounts in Financial Institutions Outside Oregon The Office of the State Treasurer may establish demand deposit accounts in financial institutions outside this state for the purpose of accepting deposits of funds related to the state investments in geographical area…

170-040-0070 Approval for a Depository to Hold Excess Public Funds The Office of the State Treasurer may approve the request of a depository to hold public funds in excess of the limits provided in ORS 295.048(1)(a) through (c), only if: (1) The depository deposits collateral val…

170-040-0080 Custodian Must Meet Statutory Requirements (1) A depository may designate the Federal Home Loan Bank (“FHLB”) or any insured institution or trust company that has been approved by the State Treasurer and otherwise meets the criteria of ORS 295.001(6)(b) (an “approved…

170-040-0090 Weekly Reporting Requirement for Depositories at 110% Collateralization Depositories ordered to collateralize their public funds deposits at 110% by the State Treasurer are required to submit a new Treasurer Report weekly. The weekly reporting requirement shall remai…

170-040-0100 Reporting Requirement for Depositories with Decreased Net Worth and/or Capitalization Level A depository that files reports with the State Treasurer according to ORS 295.061(1) is required to submit a new Treasurer Report to the State Treasurer within three business …

170-040-0110 Monthly Reporting Requirement for Depositories at Increased Collateralization Level Depositories ordered to collateralize their public funds deposits at an increased level, but less than 110%, by the State Treasurer are required to submit a new Treasurer Report month…

170-050-0010 Approved Investments The following classes of securities are approved for investment of moneys deposited in endowment care funds after July 5, 1947, up to the indicated maximum percentage of the total endowment care funds: Class of Security — Permitted Percentage of …

170-055-0001 Definitions and Notice to Treasurer (1) Terms used in OAR 170-055 shall have the meanings given in ORS chapters 286A and 287A unless otherwise specifically defined herein. (2) “OST” means the Office of the State Treasurer. (3) “State agency” means a related agency de…

170-060-0000 Notice of Proposed Rulemaking Prior to the adoption, amendment, or repeal of any permanent rule, the Chairman of the Commission or their designee shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21…

170-060-0001 Definitions Terms used in OAR 170-060 shall have the meanings given in ORS Chapter 287A unless otherwise specifically defined herein: (1) Definitions. (2) "Counterparty" means an entity with whom a public body enters into an agreement for the exchange of interest rat…

170-060-1010 Terms, Conditions, and Reporting Requirements for an Agreement for Exchange of Interest Rates (1) Public bodies shall only enter into agreements for the exchange of interest rates as authorized by, and in compliance with, ORS 287A.335. (2) Amount. The notional amount…

170-061-0000 Notice and Reporting Requirements by Public Bodies When Issuing Bonds (1) Terms used in OAR 170-061 shall have the meanings given in ORS Chapters 286A and 287A unless otherwise specifically defined herein. (2) Definitions. (a) “MDAC” means the Oregon Municipal Debt A…

170-061-0015 Fees Charged by the Debt Management Divisions (1) State agencies. The following fees are charged by the Oregon State Treasury (OST) in connection with the services, duties and activities of the OST related to bonds issued for state agencies by the State Treasurer: (a…

170-061-0020 Requirements for Notice of Call (1) Notice of Bond Call. Any public body redeeming bonds prior to their stated maturity shall notify the MDAC of its intention to call bonds no later than the date the first bond is called. The notice to the MDAC shall include as a min…

170-061-0100 Procedures for the Issuance of State of Oregon Economic Development Revenue Bonds Issued under ORS 285B.320 to 285B.371 (EDRB) (1) Terms and Conditions of Sale. The sale of State of Oregon EDRBs is permitted under the following terms: (a) Public Offerings. A public o…

170-061-0200 Election to Issue Bonds Under Laws Prior to 2008 (“Prior Laws”) (1) Election For State Agencies. A state agency may request that the State Treasurer elect to issue bonds on behalf of the agency under the Prior Laws, without regard to Chapter 783 Oregon Laws 2007, by …

170-061-0300 Selection of Underwriters and Advisors by the State Treasurer (1) Underwriters. OST may select underwriters for the State’s bond programs either through a direct appointment and negotiated process with a single firm or with multiple firms or through the issuance of r…

170-061-0400 Lost, Stolen or Destroyed Bonds or Interest Coupons (1) Payment Under Bondholder Agreement. A paying officer shall pay any lost, mutilated or stolen bond or interest coupon as provided in the indenture or other agreement with bond owners executed when the bond was is…

170-062-0000 Procedure for Submission, Review and Approval of an Advance Refunding Plan or Forward Current Refunding Plan (1) Plan Contents and Filing. Every public body (as defined in ORS 287A.001(14) must submit its plans for an advance refunding or forward current refunding (t…

170-063-0000 Oregon School Bond Guaranty Program (1) Definitions. For purposes of this rule, the following definitions shall apply: (a) "OST" means the Office of the State Treasurer. (b) The "Act" means the Oregon School Bond Guaranty Act set forth in ORS 328.321 to 328.356. (c) …

170-071-0005 Allocation of Private Activity Bond Limit (1) Definitions. (a) “CAP” means the state’s private activity bond volume limit. (b) "Committee" means the Private Activity Bond Committee established pursuant to ORS 286a.615. (c) "Issuer" has that meaning given to it by ORS…

170-080-0001 Notice Rule for Rulemaking, Model Rules of Procedure (1) Notice Rule for Rulemaking. Before adopting, amending or repealing any permanent rule, the Board will give notice of the intended action: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at l…

170-080-0002 Confidentiality and Inadmissibility of Mediation Communication The policies and procedures of the Oregon State Treasurer set forth in OAR 170 in regard to confidentiality and inadmissibility of mediation communication, to the extent not inconsistent with the Act or t…

170-080-0005 Inspection, Certification or Copying Public Records The policies and procedures of the Oregon State Treasurer set forth in OAR 170, Division 2 in regard to inspection, certification or copying of public records, to the extent not inconsistent with the Act or ORS Chap…

170-080-0010 Administration (1) Policy. The Board intends that, consistent with ORS Section 178.210(1)(p), the Program be operated, and these rules be construed, in a manner consistent with applicable guidance provided by the U.S. Department of Labor relating to payroll deduction…

170-080-0011 Executive Director The Executive Director is responsible for the day-to-day operations of the Program and for carrying out such duties and responsibilities as assigned by the Board. Statutory/Other Authority: ORS 178.200 to 178.245 Statutes/Other Implemented: ORS 178…

170-080-0015 Employer Registration and Employee Enrollment (1) Registration (a) Except as provided in subsection (e), each Employer shall register with the Program or file a Certificate of Exemption on or before the Registration Date. (b) Unless otherwise permitted by the Program…

170-080-0020 Employer Exemptions (1) An authorized representative of an Employer may file a Certificate of Exemption with the Program by certifying, through the Program Administrator’s internet portal or other means of data transmittal specified and validated by the Program Admin…

170-080-0025 Responsibilities in Joint or Co-employment Circumstances (1) With respect to any Employee or Participating Employee in a joint or co-employment relationship, except as provided in subsection 2, the terms “Employer” and “Facilitating Employer” shall mean the Employer …

170-080-0030 Standard and Alternate Elections for Contributions; Automatic Increases; Ceasing Contributions; Requesting Participation (1) Standard Elections. An Employee who has not provided notice as specified in this section shall participate using the following Standard Electi…

170-080-0035 Contributions (1) Beginning 30 days following the Enrollment Date, and in accordance with a Participating Employee’s election under OAR 170-080-0030, the Facilitating Employer shall, on each Payroll Date, transfer from the Participating Employee’s Compensation for co…