OAR Chapter 678 — Department of Agriculture, Oregon Wheat Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 678-001-0000 Procedure for Notice of Intended Rulemaking

Before adopting, amending or repealing any permanent rule, the Oregon Wheat 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 before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the Oregon Wheat Commission mailing list 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 legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and

(4) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Associations with an interest in Commission’s rulemaking and publications whose readers have an interest in Commission’s activities; and

(c) Newspapers in primary regions of the commodities represented by the Commission.

History

• Statutory/Other Authority: ORS 183 & 578.090(2)(n)
• Statutes/Other Implemented: ORS 183.341(4)
• WHEAT 1-2001, f. & cert. ef. 3-1-01
• WC 1-1995, f. & cert. ef. 5-8-95
• 1WC 6, f. & ef. 2-17-76

Division 5 SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON WHEAT COMMISSION

Or. Admin. R. 678-005-0005 Purpose

The Oregon Wheat Commission (OWC) 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 578
• WC 1-1991, f. & cert. ef. 7-11-91

Or. Admin. R. 678-005-0010 Basic Policy

(1) The OWC 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 578
• WC 1-1991, f. & cert. ef. 7-11-91

Or. Admin. R. 678-005-0015 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 a 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 and rate quotations are obtained from a number of sources and selection made on the basis of cost and other applicable criteria.

History

• Statutory/Other Authority: ORS 578
• WC 1-1991, f. & cert. ef. 7-11-91

Or. Admin. R. 678-005-0020 Procurement Method

(1) Small purchase procedures may be used for the procurement of services costing not more than $25,000. 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 $25,000 per agreement per fiscal year and may be used for contracts of less than $25,000. 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 578
• WC 1-1991, f. & cert. ef. 7-11-91

Or. Admin. R. 678-005-0025 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.

History

• Statutory/Other Authority: ORS 578
• WC 1-1991, f. & cert. ef. 7-11-91

Or. Admin. R. 678-005-0030 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 advertised in the Oregon Daily Journal of Commerce. It may also be advertised in other appropriate periodicals.

(3) 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.

(4) 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 578
• WC 1-1991, f. & cert. ef. 7-11-91

Division 10 REPORTING AND PAYMENT OF ASSESSMENTS

Or. Admin. R. 678-010-0010 Applications of Assessment Rate to Wheat or Barley Mixtures

Any person who is a first purchaser or lien holder as defined by ORS 578.010, shall deduct and withhold the assessment as required by OAR 678-010-0030 on the gross weight of all grain mixtures that contain wheat, barley, or both that was grown in this state and sold through commercial channels, unless the grain mixture has been certified by the Federal Grain Inspection Service. If the grain mixture has been certified to contain a percentage of wheat, barley, or both, then the first purchaser or lien holder shall deduct and withhold the assessment as required by OAR 678-010-0030 on the percentage by weight of wheat, barley, or both that was grown in this state and sold through commercial channels.

History

• Statutory/Other Authority: ORS 578
• Statutes/Other Implemented: ORS 578
• WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
• WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11
• WHEAT 1-2006, f. & cert. ef. 1-27-06
• WHEAT 1-2001, f. & cert. ef. 3-1-01
• 1WC 8, f. & ef. 3-4-77
• 1WC 3, f. 6-15-62

Or. Admin. R. 678-010-0020 Definitions

(1) "Commercial Channels" means the sale of wheat, barley, or both for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat, barley, or both or product produced from wheat, barley, or both.

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

(3) "Director" means the Director of the Oregon Department of Agriculture.

(4) "First Purchaser" means any person, corporation, association or partnership that buys wheat from the grower in the first instance, or any lienholder, public or private, who may possess wheat, barley, or both from the grower under any lien, or any handler who receives wheat, barley, or both in the first instance from the grower for resale or processing.

(5) "Grower" means any landowner personally engaged in growing wheat, barley, or both; a tenant of the landowner personally engaged in growing wheat, barley, or both; and both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices and arrangements.

(6) "Sale" includes any pledge or mortgage of wheat, barley, or both, after harvest, to any person, public or private.

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

(8) "Handler" means a person or other legal entity handling, marketing, or dealing wheat, barley, or both, whether as owner, agent, employee, broker, or otherwise.

(9) "Net Paid for Weight" means all sales or bartered bushels paid for.

(10) "Independent Third Party" refers to any organization other than the Commission and the Oregon Wheat Growers League.

(11) "Irregular" means less than two quarters per crop year.

(12) “Administrator” means a person employed and directed by the Commission.

(13) "Casual Sales" Means any sale or sales of wheat, barley or both, made by the producer direct to the consumer where the total accumulated sales to all consumers during the calendar year is not more than 100 pounds.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 578
• WHEAT 1-2020, amend filed 10/15/2020, effective 10/16/2020
• WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
• WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11
• WHEAT 1-2006, f. & cert. ef. 1-27-06
• WC 2-1991, f. & cert. ef. 7-15-91

Or. Admin. R. 678-010-0030 Assessments

(1) Any first purchaser shall deduct and withhold from the grower an assessment of the following amounts for all wheat grown in Oregon as follows:

(a) July 1, 2008 and thereafter — 5 cents per bushel.

(b) 1991 through June 30, 2008 — 3 cents per bushel.

(c) 1981 through 1990 crops — 2 cents per bushel.

(d) 1975 through 1980 crops — 1 cent per bushel.

(e) 1974 and prior years — 1/2 cent per bushel.

(2)(a) Any first purchaser shall deduct and withhold from the grower an assessment of the following amounts for all barley grown in Oregon as follows:

(b) July 1, 2011 and thereafter — 1 dollar per ton.

(3) Any change in the above assessment rates requires approval by the Commission. In determining whether to impose a change in the above assessment rate, the Commission may:

(a) Work jointly with the Oregon Wheat Growers League to educate growers on a county-by-county basis, of the need for a change in the assessment rate;

(b) Work with an independent third party experienced in survey work to poll the growers of the state to determine whether the growers support a proposed change in the assessment rate;

(c) Consider the results of the poll when determining whether to raise the assessment rate.

History

• Statutory/Other Authority: ORS 578
• Statutes/Other Implemented: ORS 578.211
• WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
• WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11
• WHEAT 2-2008, f. & cert. ef. 7-16-08
• WHEAT 1-2006, f. & cert. ef. 1-27-06
• WC 2-1991, f. & cert. ef. 7-15-91

Or. Admin. R. 678-010-0040 Reports and Payment of Assessment Monies

(1) First purchasers and handlers must submit completed and signed assessment reports on Commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of wheat, barley, or both (net paid weight). Assessment collections that total $100 or more per month must be reported monthly. Assessments of less than $100 per month may be reported quarterly. Monthly assessment reports are due in the Commission office postmarked on or before the 20th day of the month following the calendar month in which the reported wheat, barley, or both was sold. Quarterly assessment reports are due in the Commission office postmarked on or before the 20th day of the reporting month specified below. Quarterly assessments shall be reported as follows:

(a) January, February, March assessments reported on or before April 20th;

(b) April, May, June assessments reported on or before July 20th;

(c) July, August, September assessments reported on or before October 20th; and

(d) October, November, December assessments reported on or before January 20th.

(2)(a) Notwithstanding section (1) of this rule, a first purchaser or handler who purchases or handles wheat, barley, or both on an irregular basis is not required to report assessments on a quarterly or monthly basis provided such person indicates in the space provided on the assessment their next purchase or handling of wheat, barley, or both subject to these assessments and reporting requirements. Such person will not be required to report or pay assessments until the 20th of the month following the calendar month in which the indicated date falls;

(b) However, if a person who purchases or handles wheat, barley, or both on an irregular basis purchases or handles wheat before the date indicated on the assessment report, that person must comply with the requirements of section (1) of this rule.

(3) When a first purchaser or handler has completed, signed, and forwarded a report covering the final purchase of wheat, barley, or both for the crop season, the filer may mark the box on the report that says "FINAL REPORT FOR THIS CROP SEASON." No further reports are necessary by such first purchaser or handler unless or until additional purchases are made.

(4) When a first purchaser takes delivery of Oregon grown wheat, barley or both in another state, or is a federal or governmental agency, the grower shall report to this Commission all sales made to such purchaser as required by section (1) of this rule and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission.

(5) At the time that reports are due the Commission from the first purchaser or first handler, as required in section (1) of this rule, the first purchaser or first handler shall attach and forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser or handler and completely filled out, and shall include, in addition to all other required information and figures, the name and complete mailing address of each grower, the crop year, the bushels and amount of assessment deducted and withheld.

(6) Any grower who performs the handling or processing functions on all or part of their own production of wheat, barley, or both, which normally would be performed by another person as the first purchaser thereof, shall report the sale of such wheat, barley, or both of their own production on forms provided by, and pay the assessment monies directly to the Commission, unless the first purchaser from such grower voluntarily makes proper deduction and remits the proceeds to the Commission. Examples would be the sale by a grower direct to another grower or feed lot. The assessment does not apply where a grower uses their own production for personal use (ie. seeding, feeding livestock, destruction).

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 578
• WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
• WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11
• WHEAT 1-2006, f. & cert. ef. 1-27-06
• WHEAT 1-2002, f. & cert. ef. 12-30-02
• WHEAT 1-2001, f. & cert. ef. 3-1-01
• WC 2-1991, f. & cert. ef. 7-15-91

Or. Admin. R. 678-010-0050 Penalties

(1) Any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one half percent of the amount due for each month of delay thereafter.

(2) The Commission may by majority vote waive the penalties described in subsection (1) for good cause. The administrator may waive the penalties described in subsection (1) if the amount of the penalty is $1,000 or less, if the penalty was incurred due to illness or other good cause, and if the administrator is an employee of the Commission. The Administrator shall report all waived penalties to the Commission on a quarterly basis.

(3) If any first purchaser or other person responsible for transmittal of the assessment monies to the Commission willfully refuses to turn over assessment monies to be collected, the first purchaser or other person shall pay an additional penalty equal to twice the amount of the assessment monies so withheld.

(4) The penalties described in subsections (1) and (3) are in addition to the penalties prescribed in ORS 578.990.

History

• Statutory/Other Authority: ORS 576.304 & 578
• Statutes/Other Implemented: ORS 576.304 & 578
• WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
• WHEAT 1-2010, f. & cert. ef. 7-15-10
• WHEAT 1-2006, f. & cert. ef. 1-27-06
• WC 2-1991, f. & cert. ef. 7-15-91

Division 20 REQUEST FOR PUBLIC RECORDS

Or. Admin. R. 678-020-0010 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 Wheat 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, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Or. Admin. R. 678-020-0020 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 1200 NW Naito, Suite 370, Portland, OR 97209. If the written request is submitted in person to the commission at this address, the requester must deliver it during the commission’s business hours.

History

• Statutory/Other Authority: ORS 192.318 (2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Or. Admin. R. 678-020-0030 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 practical 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 OAR 678-020-0060 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 to OAR 678-020-0060, 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, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Or. Admin. R. 678-020-0040 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 OAR 678-020-0050, 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 OAR 678-020-0060, 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, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Or. Admin. R. 678-020-0050 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 OAR 678-020-0060

(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, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Or. Admin. R. 678-020-0060 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 to the commission at the address provided in OAR 678-020-0020.

(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, 192.329
• WHEAT 1-2020, adopt filed 10/15/2020, effective 10/16/2020

Division 30 COMMISSION TERMS, MAKE-UP, AND QUALIFICATIONS

Or. Admin. R. 678-030-0025 Definitions

The following definitions shall apply in OAR 678-030-0025 to 678-030-0030.

(1) “Grower member” means a person who has been actually engaged in growing wheat in this state for the five year period immediately prior to being appointed to the commission.

(2) “Handler member” means a person engaged in the handling or processing of wheat produced in Oregon and who has an active interest in the positive economic development of the wheat industry.

(3) “Public member” means a person who is not associated with the production or handling of wheat and who has an active interest in the positive economic development of the wheat industry.

History

• Statutory/Other Authority: ORS 578.090.
• Statutes/Other Implemented: ORS 578
• WHEAT 1-2010, f. & cert. ef. 7-15-10

Or. Admin. R. 678-030-0027 Number and Qualifications of Voting Commissioners

(1) The Oregon Wheat Commission will include eight voting commissioners appointed by the Director of the Oregon Department of Agriculture.

(2) Voting commissioners will have the following qualifications throughout their terms of office:

(a) All voting commissioners must be United States citizens.

(b) Five voting commissioners must be grower members.

(A) Not fewer than three of the five grower members must be engaged in growing wheat in the area comprised of Umatilla, Morrow, Gilliam, Sherman, Wasco and Jefferson Counties.

(B) Not fewer than one of the five grower members must be engaged in growing wheat in the area of the state of Oregon that lies east of the summit of the Cascade Mountains and that is not within Umatilla, Morrow, Gilliam, Sherman, Wasco or Jefferson Counties.

(C) Not fewer than one of the five grower members must be engaged in growing wheat in the area of the state of Oregon lying west of the summit of the Cascade Mountains.

(D) One voting commissioner must be a public member.

(E) Two of the eight voting commissioners must be handler members.

(a) One of the handler members will be appointed to a first term that will begin July 1, 2010. Future full term appointments to this position will occur in even-numbered years.

(b) The second hander member will be appointed to a first term that will begin July 1, 2011. Future full term appointments to this position will occur in odd-numbered years.

History

• Statutory/Other Authority: ORS 578
• Statutes/Other Implemented: ORS 578
• WHEAT 2-2010, f. & cert. ef. 11-19-10
• WHEAT 1-2010, f. & cert. ef. 7-15-10

Or. Admin. R. 678-030-0030 Term Limits

Each grower member and public member of the commission shall be appointed to a four-year term. Should a vacancy occur, the Director of the ODA would appoint a replacement for the remainder of the term.

History

• Statutory/Other Authority: ORS 578
• Statutes/Other Implemented: ORS 578
• WHEAT 1-2010, f. & cert. ef. 7-15-10
• WHEAT 1-2008, f. & cert. ef. 1-11-08

Division 40 COMMISSION PER DIEM COMPENSATION AND EXPENSE REIMBURSEMENT

Or. Admin. R. 678-040-0100 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 Wheat 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 Wheat 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 Wheat Commission meeting or subcommittee meeting;

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

(c) 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 Wheat 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 Wheat Commission business;

(d) Use of a gym or health club;

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

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 578.060 & ORS 578.090
• Statutes/Other Implemented: ORS 578.090 & ORS 292.495
• WHEAT 1-2022, adopt filed 03/04/2022, effective 03/04/2022
• WHEAT 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 678-040-0110 Qualified Members

(1) In accordance with the procedures set forth in OAR 678-040-0130 and OAR 678-040-0140, the Oregon Wheat Commission shall provide to a qualified member of the Oregon Wheat 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 Wheat Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Wheat Commission.

History

• Statutory/Other Authority: ORS 578.060 & ORS 578.090
• Statutes/Other Implemented: ORS 578.090 & ORS 292.495
• WHEAT 1-2022, adopt filed 03/04/2022, effective 03/04/2022
• WHEAT 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 678-040-0120 Non-Qualified Members

(1) In accordance with the procedures set forth in OAR 678-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Wheat Commission shall provide to a non-qualified member of the Oregon Wheat 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 678-040-0140, the Oregon Wheat Commission shall provide to a non-qualified member of the Oregon Wheat 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 Wheat Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Wheat Commission.

History

• Statutory/Other Authority: ORS 578.090 & ORS 578.060
• Statutes/Other Implemented: ORS 578.090 & ORS 292.495
• WHEAT 1-2022, adopt filed 03/04/2022, effective 03/04/2022
• WHEAT 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 678-040-0130 Procedures for Payment of Per Diem Compensation

A member must submit a written claim for compensation to the Oregon Wheat Commission no later than the 15th day of the calendar month following the end of the quarter for which the member seeks compensation. For example, claims 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 578.060 & ORS 578.090
• Statutes/Other Implemented: ORS 578.090 & ORS 292.495
• WHEAT 1-2022, adopt filed 03/04/2022, effective 03/04/2022
• WHEAT 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022

Or. Admin. R. 678-040-0140 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 Wheat Commission by the 15th day of the calendar month following the end of the quarter for which the member seeks expense reimbursement. For example, claims for reimbursement for expenses incurred July 1-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 $500.00 must be authorized by the Oregon Wheat Commission before the member incurs the expense.

History

• Statutory/Other Authority: ORS 578.060 & ORS 578.090
• Statutes/Other Implemented: ORS 578.090 & ORS 292.495
• WHEAT 1-2022, adopt filed 03/04/2022, effective 03/04/2022
• WHEAT 1-2021, temporary adopt filed 09/24/2021, effective 09/25/2021 through 03/23/2022