Oregon Administrative Code

199-008-0020 Settlement (1) The Oregon Government Ethics Commission encourages the settlement of a case by stipulated final order. As used in this rule, a stipulated final order is an agreement between the Commission and the party which resolves all of the issues pending in the m…

199-008-0035 Criteria and Procedures for Exercise of Prosecutorial Discretion (1) The purpose of this rule is to establish how the Commission decides whether to proceed with a preliminary review, investigation, or contested case hearing involving a potential violation of ORS Chap…

199-010-0005 Definitions As used in these rules: (1) "Agree to provide services" as used in ORS 171.725 and 171.740, means an oral or written agreement to provide lobbying services for a client or an employer in exchange for money or other consideration. (2) "Commission" means th…

199-010-0025 Lobbyist Registration and Termination Requirements (1) Individuals not exempted in ORS 171.735 from the lobbying registration law must register within three business days after spending either $100 or 24 hours during a calendar quarter on lobbying activities or withi…

199-010-0035 Instructions for Completing Lobbyist Registration Unless otherwise exempted by ORS 171.735, a lobbyist must file a registration with the Commission through the electronic filing system (EFS) which may be accessed at https://apps.oregon.gov/OGEC/EFS (1) Lobbyist Conta…

199-010-0060 Who Must File Quarterly Expenditure Reports The following are required to file quarterly expenditure reports with the Commission through the Commission's electronic filing system (EFS): (1) Any person registered as a lobbyist must file quarterly expenditure reports. …

199-010-0070 Report Filing Deadlines for Lobbyists and Client/Employer of Lobbyists (1) Lobbyist expenditure reports must be filed online via EFS by the 15th of the month following each calendar quarter (January 15, April 15, July 15, and October 15), regardless of whether the 15…

199-010-0075 Content of Lobbyist Quarterly Expenditure Report (ORS 171.745) (1) A lobbyist must report the total amount of money spent during the reporting period for all lobbying activity expenditures that were made for food, refreshment and limited entertainment during the repo…

199-010-0080 How Lobbyists Report Expenditures (1) A lobbyist must report all lobbying related expenditures made during reporting periods, as defined in OAR 199-010-0075. (2) The expenditures must be reported in the Commission's electronic filing system (EFS). (3) If the amount o…

199-010-0095 Content of Client/Employer Quarterly Expenditure Report (ORS 171.750) (1) A client/employer of a lobbyist must report the total amount spent during the reporting period on lobbying related activities (ORS 171.750(1)(a)). (a) Include overhead costs related to lobbying…

199-010-0150 Civil Penalty for Late Filing and Lobby Law Violations (1) The Commission may impose a civil penalty for each day a lobbyist expenditure report or client/employer expenditure report required by ORS 171.745 and 171.750 is late beyond the due date established in 171.75…

199-020-0005 Identification of Public Officials Required to File Annual Verified Statements of Economic Interest Cities, counties, and those state boards and commissions, special districts and others affected by the filing requirements of ORS 244.050 shall inform the Oregon Gover…

199-020-0008 Exemption Procedure for Annual Verified Statements of Economic Interest (1) This rule implements ORS 244.290(2)(b), directing the Commission to allow exemptions for public officials who are otherwise required by 244.050 to file an annual statement of economic interes…

199-020-0013 Filing an Annual Verified Statement of Economic Interest (1) The purpose of this rule is to clarify the procedures for filing an Annual Verified Statement of Economic Interest (SEI) and explain some reporting requirements. All public officials required by ORS 244.050…

199-020-0020 Filing Deadlines Effective in 2016, Statements of Economic Interest electronically filed online with the Commission by April 15, regardless of whether the 15th falls on a holiday or weekend, are considered timely. Statutory/Other Authority: ORS 244.290 Statutes/Other…

199-020-0023 Guidelines for Compliance with ORS 244.060 (1) The purpose of this rule is to define certain terms and to clarify substantive provisions of ORS 244.060, as to what must be reported on one's Annual Verified Statement of Economic Interest (SEI). (2) The term “total ann…

199-040-0015 Commencement and Adjournment of an Executive Session The purpose of this rule is to clarify when an executive session begins and ends. (1) An executive session is a meeting or part of a meeting of a governing body which is closed to certain persons for deliberations …

199-040-0020 Permitted and Prohibited Topics for Executive Session (1) The purpose of this rule is to clarify that an executive session may only be held when permitted by a specific provision of ORS 192.660 or other state law authorizing an executive session. The topic(s) discuss…

199-040-0025 Complaints (1) The purpose of this rule is to clarify procedures regarding the opening of one or more preliminary reviews based on a complaint of violations of ORS 192.660 made against member(s) of a governing body. (2) Attendance at any executive session by a member…

199-040-0027 Employment of a Public Officer, Employee, Staff Member or Individual Agent under ORS 192.660(2)(a) and Compliance with ORS 192.660(7)(d) (1) The purpose of this rule is to provide guidance to a governing body when the governing body holds an executive session permitt…

199-040-0030 Notice to Public Official under ORS 192.660(2)(b) or (i) (1) In order to afford to the chief executive officer of any public body, a public officer, employee, staff member or individual agent the opportunity to request an open hearing under ORS 192.660(2)(b) or (i), …

199-040-0050 Consultation with Legal Counsel (1) The purpose of this rule is to provide guidance to governing bodies when the governing body holds an executive session permitted by ORS 192.660(2)(h): “To consult with counsel concerning the legal rights and duties of a public body…

199-040-0060 Prohibition on Making Decisions in Executive Session Unless otherwise authorized by statute, a governing body shall not make a decision, including a vote, in executive session. A governing body may reach an informal consensus in executive session, but any decision ma…

199-050-0005 Definitions The following definitions are provided for words or terms as they are used in ORS 192.610 to ORS 192.705 and as they are used in these rules: (1) “Communicate” means the act of a person expressing or transmitting information to another person through verb…

199-050-0010 Governing Bodies Subject to the Public Meetings Law (1) The Public Meetings Law applies to the following types of governing bodies: (a) Decision-Making Bodies. A decision-making body is a body with the authority to make decisions for the public body on policy or admi…

199-050-0015 Meetings Subject to the Public Meetings Law (1) The purpose of this rule is to clarify what meetings of a governing body are subject to the Public Meetings Law. (2) The Public Meetings Law applies to the following types of meetings: (a) Regular meetings; (b) Special …

199-050-0020 Serial Communications Prohibited (1) A quorum of the members of a governing body shall not, outside of a meeting conducted in compliance with the Public Meetings Law, use a series of communications of any kind, directly or through intermediaries, for the purpose of d…

199-050-0040 Notice Requirements (1) Public notice, reasonably calculated to give actual notice, is required for all meetings of a governing body. The purpose of providing public notice is to give notice of the meeting details and subjects to members of the public at large, as we…

199-050-0050 Public Attendance; Meeting Locations (1) All meetings of a governing body, other than executive sessions, shall be open to the public. (a) Meetings may be held at locations as specified in ORS 192.630(4); (b) Meeting locations shall be accessible to persons with disa…

199-050-0055 Public Vote Requirements (1) All official actions of a governing bodies shall be taken by public vote. (2) Results of all votes shall be recorded, including the vote of each individual governing body member by name. For public bodies with more than 25 members, the in…

199-050-0060 Minutes or Recordings Required (1) For all of its meetings, including executive sessions, a governing body shall provide for either written minutes or audio, video, or digital recordings. (2) The minutes do not need to be a verbatim transcript and the recordings do n…

199-050-0065 State Board or Commission Meetings Held Through Telephone or Electronic Means; Video and Audio Recordings (1) A state board or commission that meets through telephone or other electronic means shall record and promptly publish a recording of the meeting on a publicly…

199-050-0070 Grievance Process (1) The purpose of this rule is to clarify procedures regarding the requirements in ORS 192.705 for filing a written grievance with a public body alleging a violation by a governing body of provisions in Public Meetings Law. (2) The written grievanc…

199-050-0075 Complaints; Dismissal for Failure To Satisfy ORS 192.685 (1) The purpose of this rule is to clarify procedures regarding the opening of one or more preliminary reviews based on a complaint of violations of the Public Meetings Law made against one or more members of a…

199-050-0080 Training Requirements (1) All members of governing bodies are encouraged to comply with the minimum training requirements in Section (2)(a) through (c) of this rule. (2) If a governing body has total expenditures of $1 million or more in a fiscal year, as adjusted fo…

199-050-0085 Training Delegation and Approval Process (1) The Commission may delegate the preparation and presentation of Public Meetings Law trainings required under ORS 192.700 to another organization. A training provided by an entity other than the Commission does not satisfy …

213-001-0000 Notice Rule for Rulemaking Prior to the adoption, amendment or repeal of any permanent rule, the chairperson of the Criminal Justice Commission or designee shall give notice of the proposed action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 a…

213-001-0005 Rulemaking Procedure (1) All new and revised rules will be adopted in accordance with the provisions of ORS Chapter 183 and the Model Rules of Procedure adopted by the Oregon Attorney General. (2) Amendments to the following divisions take effect on January 1, 2004: …

213-001-0010 Drug Court Grant Procedure (1) For grants exceeding $10,000.00, CJC shall use a written solicitation to obtain grant applications. For grants up to and including $10,000.00, CJC may use alternate methods of selection. (2) CJC may negotiate with an applicant to clarif…

213-002-0001 Statement of Purposes and Principles (1) The primary objectives of sentencing are to punish each offender appropriately, and to insure the security of the people in person and property, within the limits of correctional resources provided by the Legislative Assembly,…

213-003-0001 Definitions As used in these rules: (1) "Bench probation" means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. (2) "Board" means the State Board of Parole and Post-Prison Supervision. (3) "C…

213-004-0001 Sentencing Guidelines Grid (1) The sentencing guidelines grid is a two-dimensional classification tool. The vertical axis is the Crime Seriousness Scale which classifies current crimes of conviction. The horizontal axis is the Criminal History Scale which classifies …

213-004-0002 Crime Seriousness Scale (1) The Crime Seriousness Scale consists of eleven categories of crimes. Each crime category represents crimes of relatively equal seriousness. The complete Crime Seriousness Scale is set forth in OAR 213-017-0000 through 0011. (2) When the st…

213-004-0003 Aggravated Murder, Murder I, Murder II (1) The offense of Aggravated Murder is not ranked in the Crime Seriousness Scale because the sentence is set by statute as death or mandatory life imprisonment (ORS 163.095–163.105). (2) The offenses of Murder I and Murder II a…

213-004-0004 Other Unranked Offenses Except for Aggravated Murder, Murder I, and Murder II, when a person is convicted of any other felony which is omitted from the Crime Seriousness Scale, the sentencing judge shall determine the appropriate crime category for the current crime …

213-004-0005 Attempts And Solicitations (1) A conviction for an attempted crime shall be ranked on the Crime Seriousness Scale at two crime categories below the appropriate category for the completed crime. A sentence imposed for an attempted crime shall not exceed the maximum se…

213-004-0006 Criminal History Scale (1) The Criminal History Scale includes nine mutually exclusive categories used to classify an offender’s criminal history according to the extent and nature of the offender’s criminal history at the time the current crime or crimes of convicti…

213-004-0007 Criminal History Categories The criminal history categories in the Criminal History Scale are: Criminal History Categories A — The offender’s criminal history includes three or more person felonies in any combination of adult convictions or juvenile adjudications. B …

213-004-0008 Person Class A Adult Misdemeanor Convictions Every two prior adult convictions of person Class A misdemeanors in the offender’s criminal history shall be counted as one adult conviction of a person felony for criminal history purposes. Statutory/Other Authority: ORS …

213-004-0009 Prior ORS 813.010 (DUII) Convictions In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle: (1) Every …