OAR Chapter 658 — Department of Agriculture, Oregon Potato Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 658-001-0000 Procedure for Notice of Intended Rulemaking

Before adopting, amending or repealing any permanent rule, the Oregon Potato Commission will give notice of the intended action:

(1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the rule;

(2) By mailing a copy of the notice to persons on a list maintained by the Commission, established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;

(3) By mailing a copy of the notice to the newspapers in primary production regions of the commodity represented by the Commission, the Associated Press, associations with an interest in the Commission’s rulemaking, and publications whose readers have an interest in the Commission’s activities; and

(4) By mailing a copy of the notice to legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule.

History

• Statutory/Other Authority: ORS 183 & 576
• Statutes/Other Implemented: ORS 183.341(4)
• OPC 1-2001, f. & cert. ef. 1-12-01
• PC 1-1995, f. & cert. ef. 6-27-95
• PC 6, f. & ef. 6-22-76

Division 10 ASSESSMENTS

Or. Admin. R. 658-010-0015 Definitions

(1) "Person" means any individual, corporation, association, partnership or joint stock company.

(2) "Commission" means the Oregon Potato Commission.

(3) "First Purchaser" means any person who buys potatoes from the producer in the first instance, or handler who receives the potatoes in the first instance from the producer for resale or processing.

(4) "Producer" means a person or other legal entity engaged in the business of growing or producing potatoes in Oregon, for market, whether as a landowner, landlord, tenant, sharecropper or otherwise.

(5) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in potatoes, whether as owner, agent, employee, broker or otherwise.

(6) "Potatoes" means potatoes that belong to the genus Solanum Tuberosum L. grown commercially in the State of Oregon. All potato cultivars sold commercially for whatever purpose are subject to these rules.

(7) "Reporting Year" means a calendar year beginning July 1 and ending June 30.

(8) "Assessment Period" means the current reporting year, plus the previous two reporting years.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.304 & 576.325
• OPC 2-2007, f. & cert. ef. 7-17-07

Or. Admin. R. 658-010-0020 Assessments

(1) Any first purchaser or handler will deduct and withhold an assessment of $.05 per hundredweight from the price paid to the producer at the time of sale for potatoes grown in Oregon and sold through commercial channels, whether the potatoes are stored in this state or in another state or country:

(a) In all cases where a first purchaser lives or has the office of the first purchaser in another state, it is the duty of the producer to report all sales made to such first purchaser on forms approved by, and pay the assessment moneys directly to the Oregon Potato Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission;

(b) Where the first purchaser is a federal or governmental agency, the producer shall likewise report to, and pay the assessment moneys directly to the commission.

(2) Notwithstanding subsection (1), potatoes utilized entirely for chipping or processing will be assessed at 90% of the net payable weight.

(3) Notwithstanding subsection (1) of this rule, no assessment will be due, deducted or withheld for any producer growing less than 1,000 hundredweight of potatoes in Oregon during the proceeding 12 month period.

(4) Notwithstanding subsection (1) of this rule, no assessment will be deducted for any sale or sales of potatoes made by the producer direct to the consumer.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325-576.351
• OPC 2-2007, f. & cert. ef. 7-17-07

Or. Admin. R. 658-010-0030 Reports and Payments of Assessment Moneys

(1) The first purchaser or handler shall make reports to the Oregon Potato Commission on forms approved by the commission. No purchaser shall fail to make any such report, or shall falsely make any such report.

(2) The first purchaser will complete and forward reports on forms approved by the Oregon Potato Commission to such commission and will forward such assessments to the Oregon Potato Commission, on or before the 20th of each month covering all potatoes purchased or sold during the prior month. The Oregon Potato Commission shall issue receipts and make suitable records thereof.

[ED. NOTE: Forms referenced are available from the agency.]

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325-576.351
• OPC 2-2007, f. & cert. ef. 7-17-07

Or. Admin. R. 658-010-0040 Penalties

(1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commodity commission shall pay a penalty 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. A commission may waive the penalty and interest upon showing of good cause.

(2) If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.355 and ORS576.365
• OPC 2-2007, f. & cert. ef. 7-17-07

Or. Admin. R. 658-010-0050 Records of person required to pay assessment

(1) Pursuant to ORS 576.351, the first purchaser or handler shall keep accurate records sufficient to enable the Oregon Potato Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission.

(2) The commission or a person authorized by the commission may inspect and audit the records referred to in subsection (1) of this section for the purpose of determining the accuracy of assessments paid or due to the commission.

(3) Notwithstanding subsection (1) of this section, the commission or a person authorized by the commission may also inspect and audit the records of a producer who sells potatoes to a first purchaser if such inspection and audit are necessary for the purpose referred to in subsection (1) of this section. No person shall refuse to permit an inspection and audit under subsection (2) of this section during business hours.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.351
• OPC 2-2007, f. & cert. ef. 7-17-07

Division 20 SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON POTATO COMMISSION

Or. Admin. R. 658-020-0005 Purpose

The Oregon Potato Commission (OPC) occasionally requires the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts.

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Or. Admin. R. 658-020-0010 Basic Policy

(1) The OPC will contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission’s own work force; when it will be less expensive to contract for the work; when an independent and impartial evaluation of a situation by recognized professionals is required; or when the Commission is directed by statute to contract for services. Contracts will be let only after approval of the Commission.

(2) Agreements for the services of a contractor who is a member of the Public Employes’ Retirement System and who is employed in another public agency usually will be by interagency agreement.

(3) In selecting between two or more equally qualified bidders when awarding contracts, preference may be given to individuals and businesses which have prior successful experience with commodity commissions.

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Or. Admin. R. 658-020-0015 Definitions

(1) “Competitive Negotiation” (formal bidding) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized.

(2) “Non-Competitive Negotiation” (sole source) is procurement through solicitation of a proposal from only one source.

(3) “Small Purchase Procedures” (informal bidding) are those relatively simple and informal procurement methods whereby price or rate quotations are obtained from a number of sources and selection is made on the basis of cost and other applicable criteria.

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Or. Admin. R. 658-020-0020 Procurement Method

(1) Small purchase procedures may be used for the procurement of services costing not more than $10,000. Price or rate quotations shall be obtained from at least three qualified sources.

(2) Competitive negotiation shall be used for personal service contracts in excess of $10,000 per agreement per fiscal year and may be used for contracts of less than $10,000. Exceptions may be granted to accommodate one or more of the conditions described in section (3) of this rule with the approval of the Commission.

(3) Non-competitive negotiation may be used for contracts if:

(a) The item or service is available only from a single source, or the sole source has special skills that are only available based upon his/her expertise or situation;

(b) Public need or emergency advises against a delay incident to competitive solicitation;

(c) After solicitation of a number of sources, competition is determined inadequate;

(d) The contract is a renewal of an existing contract, subject to approval by all required parties.

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Or. Admin. R. 658-020-0025 Maintenance of RFP Mailing List

The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are available. An OPC business form will be used to place persons on the list.

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Or. Admin. R. 658-020-0030 Competitive Negotiation Procedures

(1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information:

(a) Date and hour by which proposals must be received;

(b) Description of work;

(c) Evaluation specific to contract criteria.

(2) Notification of the availability of the RFP shall be mailed to entities on the OPC Mailing List that have indicated expertise in the subject area.

(3) Notification of the availability of the RFP shall be advertised in the Oregon Daily Journal of Commerce. It may also be advertised in other appropriate periodicals.

(4) Proposals shall be evaluated in a manner consistent with the evaluation criteria included in the RFP by the Commission or committee thereof. A written document stating why the selection was made will be on file at the Commission office. These are public records and may be reviewed upon request.

(5) Exceptions to procedures in sections (2) and (3) of this rule may be granted by the Commission if warranted by time or cost considerations.

[Publications: Publications referenced are available from the agency.]

History

• Statutory/Other Authority: ORS 183
• Statutes/Other Implemented: ORS 576.304
• PC 1-1991, f. & cert. ef. 6-19-91

Division 30 COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE

Or. Admin. R. 658-030-0010 Number of Commissioners, Terms

The Oregon Potato Commission will consist of ten (10) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of four years or, if for a term following a prior term for that person, ending four years from the date of expiration of any prior term.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OPC 1-2003, f. & cert. ef. 12-4-03

Or. Admin. R. 658-030-0020 Qualifications of Commissioners

(1) For purposes of this rule:

(a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years.

(b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Potato Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of potatoes;

(b) A majority of the members will be producers;

(c) At least one member will be a handler;

(d) All members who are not a handler or the public member will be producers.

(3) In addition to the qualifications set forth in subsection (2) of this rule, the appointments shall be made so that each major potato-producing area of the state is represented as follows:

(a) Three from the Blue Mountain area, comprised of the counties of Baker, Union, Wallowa, Grant, Morrow and Umatilla.

(b) One from the area comprised of Malheur and Harney Counties.

(c) One from central Oregon, comprised of the counties of Crook, Deschutes, Gilliam, Sherman, Wasco, Wheeler and Jefferson.

(d) Two from the area comprised of Klamath, Coos, Curry, Douglas, Jackson, Josephine and Lake counties.

(e) One from the Willamette Valley area, comprised of the counties of Benton, Clackamas, Clatsop, Columbia, Hood River, Lincoln, Lane, Linn, Marion, Multnomah, Polk, Tillamook, Yamhill and Washington.

(f) One at-large member from any of the major potato-producing areas of the state.

(g) One as a member of the public.

(4) Notwithstanding subsection (3) of this section, if a position remains vacant for more than 30 days following reasonable efforts to recruit a member from a particular region, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person's term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OPC 1-2013, f. & cert. ef. 7-3-13
• OPC 1-2003, f. & cert. ef. 12-4-03

Or. Admin. R. 658-030-0030 Removal of Commissioners

(1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause.

(2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OPC 1-2003, f. & cert. ef. 12-4-03

Division 40 PER DIEM COMPENSATION, REIMBURSEMENT OF TRAVEL AND OTHER EXPENSES AND REIMBURSEMENT FOR HIRING A SUBSTITUTE

Or. Admin. R. 658-040-0100 Definitions

(1) “Actual and necessary” means that a travel or other expense:

(a) Is an actual expense incurred by a member in carrying out official duties; and

(b) The expense is necessary to enable the member to carry out official duties.

(2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Potato Commission.

(3) “Non-qualified member” means a member other than a qualified member.

(4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Potato Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day.

(5) “Official duties” includes:

(a) Attendance at an Oregon Potato Commission meeting or subcommittee meeting;

(b) Substantial preparation for an Oregon Potato Commission meeting or subcommittee meeting;

(c) Attendance at a conference or other activity as a representative of the Oregon Potato Commission, either at the request of the chair of the Oregon Potato Commission or as authorized in advance by a vote of the Oregon Potato Commission; and

(d) Legislative testimony.

(6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year:

(a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or

(b) Of less than $100,000, as reported on a joint income tax return.

(7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Potato Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include:

(a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training;

(b) In-room movie rental;

(c) Telephone charges that are not associated with Oregon Potato Commission business;

(d) Use of a gym or health club;

(e) Cost of a gift for a host, business associate, family member, or Oregon Potato Commission member, employee, or contractor; or

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OPC 1-2022, adopt filed 03/11/2022, effective 03/11/2022
• OPC 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 658-040-0110 Qualified Members

(1) In accordance with the procedures set forth in OAR 658-040-0130 and OAR 658-040-0140, the Oregon Potato Commission shall provide to a qualified member of the Oregon Potato Commission:

(a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and

(b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(2) A qualified member of the Oregon Potato Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Potato Commission.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OPC 1-2022, adopt filed 03/11/2022, effective 03/11/2022
• OPC 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 658-040-0120 Non-Qualified Members

(1) In accordance with the procedures set forth in OAR 658-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Potato Commission shall provide to a non-qualified member of the Oregon Potato Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties.

(2) In accordance with the procedures set forth in OAR 658-040-0140, the Oregon Potato Commission shall provide to a non-qualified member of the Oregon Potato Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(3) A non-qualified member of the Oregon Potato Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Potato Commission.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OPC 1-2022, adopt filed 03/11/2022, effective 03/11/2022
• OPC 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 658-040-0130 Procedures for Payment of Per Diem Compensation

A member must submit a written claim for compensation to the Oregon Potato Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for July 1 – September 30 must be submitted by October 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OPC 1-2022, adopt filed 03/11/2022, effective 03/11/2022
• OPC 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 658-040-0140 Procedures for Expense Reimbursement

(1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Potato Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for July – September 30 must be submitted by October 15. The claim for reimbursement must include the following information for each expense:

(a) Date on which the member incurred the expense;

(b) Nature of the expense; and

(c) Amount of the expense.

(2) An expense that exceeds $1,000.00 must be authorized by the Oregon Potato Commission before the member incurs the expense.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OPC 1-2022, adopt filed 03/11/2022, effective 03/11/2022
• OPC 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Division 50 RULES FOR PUBLIC RECORDS REQUESTS

Or. Admin. R. 658-050-0010 Purpose of Public Records Request Processing Rules

(1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Potato Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478.

(2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311.

(3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019

Or. Admin. R. 658-050-0020 Request to Inspect or Make Copies of Public Records

(1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s).

(2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 9320 SW Barbur Blvd, Suite 130, Portland, OR 97219.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019

Or. Admin. R. 658-050-0030 Commission Procedure for Responses to Public Records Requests

(1) The commission may request additional information or clarification from a requester of public records for the purpose of expediting the commission’s response to the request.

(2) Within five business days after receiving the request, the commission shall acknowledge receipt of the request or complete the response to the request. An acknowledgment under this subsection must:

(a) Confirm that the commission is the custodian of the requested record; or

(b) Inform the requester that the commission is not the custodian of the requested record; or

(c) Notify the requester that the commission is uncertain whether the commission is the custodian of the requested record.

(3) As soon as reasonably possible but not later than 10 business days after the date by which the commission is required to acknowledge receipt of the request the commission shall:

(a) Complete its response to the public records request; or

(b) Provide a written statement that the commission is still processing the request, including a reasonable estimated date by which the commission expects to complete its response based on the information currently available.

(4) The commission shall complete its response to a written public records request that is received by the Administrator/Public Records Information Officer as soon as practicable and without unreasonable delay. The commission’s response is complete when the commission:

(a) Provides access to or copies of all requested records within the possession or custody of the commission that the commission does not assert are exempt from public disclosure, or explains where the records are already publicly available; or,

(b) Names any exemptions from disclosure that the commission believes apply to any requested records and, if the commission cites ORS 192.355 (8) or (9), identifies the state or federal law that the commission relied on in asserting the exemption(s); or,

(c) Provides public records, or portions of public records, that are not exempt from records that are exempt from disclosure; or,

(d) To the extent that the commission is not the custodian of records that have been requested, provides a written statement to that effect; or,

(e) To the extent that state or federal law prohibits the commission from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the commission relies on, unless the written statement itself would violate state or federal law; or

(f) If the commission asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the commission’s determination pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

(5) If the public record is maintained in a machine readable or electronic form, the commission shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the commission shall make the public record available in the form in which the public body maintains the public record.

(6) If in reviewing the request the commission determines that a fee will likely exceed $25, the commission shall estimate the allowable fee consistent with 658-050-0060 and provide the requester with a written notification of the estimated amount of the fee.

(7) The commission may, in the course of responding to any request, make good faith requests for clarification or additional information that will assist the commission in expediting its response to the request. If in reviewing the request the commission determines that a fee will likely exceed $250, the commission shall work with requester to refine the scope of the request or otherwise seek to reduce the cost of the request.

(8) The commission shall not proceed with processing any request until the requester provides payment, or the fee has been waived by the commission pursuant to658-050-0060, or the fee otherwise has been ordered waived.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019

Or. Admin. R. 658-050-0040 Exceptions to Established Time Periods

(1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because:

(a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or

(b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or

(c) Of the volume of public records requests being simultaneously processed by the commission.

(2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request.

(3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 658-050-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 658-050-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver.

(4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019

Or. Admin. R. 658-050-0050 Fee for Cost of Making Public Records Available

(1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request.

(a) Records search by clerical staff @ $25.00 per hour;

(b) Records search by managerial staff @ $40.00 per hour;

(c) Records search by professional or legal staff @ $75.00 per hour;

(d) Copies @ current state printing & distribution price list;

(e) Media @ statewide price agreement;

(f) Postage @ current postal rates;

(g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission.

(2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester.

(3) All or a portion of fees may be waived as provided in 658-050-0060.

(4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019

Or. Admin. R. 658-050-0060 Fee Waiver or Reduction

(1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the commission to the commission at the address provided in 658-050-0020.

(2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.

(3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030.

(4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030:

(a) Clerical: $20 per hour;

(b) Managerial: $32 per hour;

(c) Professional: $60 per hour;

(d) Department of Justice, special attorney or other applicable legal fees;

(e) Copies, media, and postage fees will be based on current rates.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OPC 1-2019, adopt filed 06/07/2019, effective 07/01/2019