Chapter 578 — Chapter 578

ORS 578.010 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 578.020 Legislative findings; purpose of chapter. (1) The Legislative Assembly finds and declares that

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ORS 578.025 Department oversight of commission; rules. (1) The State Department of Agriculture shall

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ORS 578.030 Oregon Wheat Commission; members; appointment process; rules. (1) There hereby is created the Oregon Wheat Commission. The Director of Agriculture shall appoint not fewer than six and not more than eight voting commission members for terms of four years. Except as provided in ORS 578.216, one member appointed by the director must be a member of the public

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ORS 578.040 Qualifications of members. (1) The voting members of the Oregon Wheat Commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and their knowledge of the state’s natural resources. Voting members appointed under ORS 578.030 (1) must be United States citizens residing in this state

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ORS 578.045 Declaration of vacancy when member ceases to qualify. If the Director of Agriculture finds that an appointed member of the Oregon Wheat Commission has ceased to qualify under ORS 578.040 for membership on the commission, the director shall immediately declare the position of that member vacant. [2009 c.193 §2]

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ORS 578.050 [Repealed by 2003 c.604 §109]

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ORS 578.060 Removal of members; compensation of members; rules. (1)(a) A member is removable by the Director of Agriculture as provided in ORS 578.045 or for neglect of duty or misconduct in office

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ORS 578.070 Officers of commission. The Oregon Wheat Commission shall elect a chairperson, vice chairperson and secretary-treasurer from among its members. [Amended by 2009 c.193 §10; 2013 c.93 §9]

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ORS 578.080 Meetings of commission. (1) The Oregon Wheat Commission shall meet at least four times each year regularly and at such other times as called by the chairperson. The chairperson may call special meetings of the commission at any time

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ORS 578.090 Duties and powers of commission; rules. (1) Consistent with the general purposes of this chapter, the Oregon Wheat Commission shall establish the policies to be followed in accomplishing those purposes

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ORS 578.100 Acceptance of grants, donations and gifts. The Oregon Wheat Commission may accept grants, donations and gifts of funds from any source for expenditure for any purposes consistent with this chapter which may be specified as a condition of any grant, donation or gift. [Amended by 1959 c.596 §38]

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ORS 578.105 Intellectual property; rules. (1) As used in this section, “intellectual property” means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable

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ORS 578.110 Bond or letter of credit required of person authorized to receive or disburse commission moneys. The administrator and any other person authorized to receive or disburse moneys received by the Oregon Wheat Commission shall file with the commission a fidelity bond executed by a surety company authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in favor of the commission and the State of Oregon, in such amount equal to the maximum amount of moneys the commission determines such person will have subject to the control of the person at any one time and upon such conditions as the commission shall prescribe. The cost of the bond or letter of credit shall be paid by the commission. [Amended by 1959 c.596 §39; 1991 c.331 §87; 1997 c.631 §501]

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ORS 578.120 Appointment of administrator; duties; compensation. (1) The Oregon Wheat Commission shall appoint an administrator, who may be an employee of the commission. If the administrator is an employee of the commission, the administrator shall be an unclassified employee for purposes of ORS chapter 240. An administrator serves at the pleasure of the commission

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ORS 578.130 Location of commission office. The Oregon Wheat Commission may establish and maintain an office at any place within this state that the commission selects. [Amended by 2009 c.193 §14]

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ORS 578.135 Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules. (1) Wages or salaries of employees of the Oregon Wheat Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250

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ORS 578.140 [Repealed by 2003 c.604 §109]

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ORS 578.150 [1959 c.596 §47; repealed by 2003 c.604 §71 (578.151 enacted in lieu of 578.150)]

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ORS 578.151 Preparation of commission budget; annual financial statements; expenditures. The Oregon Wheat Commission shall

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ORS 578.155 Commission financial activity. (1) Moneys that a person collects or receives from an assessment levied by the Oregon Wheat Commission and other moneys that the commission receives must be paid to the authorized agent of the commission and, except as provided under subsection (3) of this section, promptly deposited into an account established in accordance with ORS 295.001 to 295.108

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ORS 578.160 Services, facilities and materials furnished to and received from other state agencies. (1) ORS 576.307 is applicable to the Oregon Wheat Commission

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ORS 578.170 Commission exempt from certain financial administration laws. Except as otherwise provided in this chapter, ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Wheat Commission or to the administration and enforcement of this chapter. [1959 c.596 §50]

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ORS 578.180 [1959 c.596 §83; repealed by 2003 c.604 §73 (578.181 enacted in lieu of 578.180)]

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ORS 578.181 Cancellation of uncollectible assessments; subsequent collection. The Oregon Wheat Commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245. [2003 c.604 §74 (enacted in lieu of 578.180)]

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ORS 578.190 Records and accounts of commission. The Oregon Wheat Commission shall keep accurate books, records and accounts of all its dealings which shall be open to inspection and audit by the Secretary of State. [1959 c.596 §§46,84; 1973 c.794 §32]

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ORS 578.210 [Amended by 1959 c.596 §41; 1975 c.174 §1; 1981 c.58 §1; 1991 c.972 §1; repealed by 2003 c.604 §75 (578.211 enacted in lieu of 578.210)]

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ORS 578.211 Levy and collection of assessment; commission rules regulating sales activities; disputes over assessment amounts; assessment rules. (1)(a) The Oregon Wheat Commission may assess, levy and collect an assessment, the amount of which the commission shall determine, on all units of grain grown or produced in this state and sold in commercial channels. The commission may not apply an assessment to any transaction that occurred prior to the date that the commission order assessing the assessment was entered

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ORS 578.216 Authority of commission to adopt rules authorizing refunds; effect. (1) In addition to any refund permitted under ORS 578.211, the Oregon Wheat Commission may adopt rules that provide for the commission to refund all or part of an assessment on grain upon request of the person paying the assessment

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ORS 578.220 [Repealed by 2003 c.604 §109]

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ORS 578.221 Producer payment of assessment and reporting for certain sales. (1) If a first purchaser of grain lives or has an office in another state or is a federal or other governmental agency, the producer shall report all sales made to the first purchaser on forms provided by the Oregon Wheat Commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission

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ORS 578.230 [Amended by 1955 c.156 §1; 1959 c.596 §42; 2003 c.14 §353; repealed by 2003 c.604 §109]

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ORS 578.240 [1959 c.596 §44; 1967 c.451 §27; repealed by 2003 c.604 §109]

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ORS 578.250 [1959 c.596 §85; repealed by 2003 c.604 §80 (578.251 enacted in lieu of 578.250)]

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ORS 578.251 Records of person required to pay assessment; inspections and audits. (1) A person required to pay an assessment to the Oregon Wheat Commission shall keep records in the same manner as required by ORS 576.351 for a person required to pay an assessment to a commodity commission

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ORS 578.255 Penalty for delaying transmittal of assessment moneys. (1) In addition to the penalty established in ORS 578.990, any person who delays transmittal of assessment moneys beyond the time set by the Oregon Wheat Commission shall pay a civil penalty to the commission of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment

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ORS 578.260 Penalty for failure to relinquish collected assessment moneys; civil action or other remedies. (1) If a person responsible for the transmittal of assessment moneys to the Oregon Wheat Commission fails to relinquish assessment moneys collected, the person shall pay a civil penalty to the commission equal to twice the amount of the unrelinquished assessment moneys

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ORS 578.990 Penalties. Violation of any of the provisions of this chapter is a Class C misdemeanor. [Amended by 2011 c.597 §239]

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