OAR Chapter 628 — Oregon Forest Resources Institute

Division 1 PROCEDURAL RULES

Or. Admin. R. 628-001-0000 Administrative Rule Notification

Prior to the adoption, amendment, or repeal of any rule, the Oregon Forest Resources Institute (OFRI) Board of Directors shall give notice of the proposed adoption, amendment, or repeal:

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

(2) By emailinga copy of the notice to persons on the OFRI mailing list established pursuant to ORS 183.335(8), at least twenty-eight (28) days prior to the effective date;

(3) By posting notice on OFRI’s website at least 28 days prior to the effective date of the rule;

(4) By emailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of rule; and

(5) By emailinga copy of the notice to the following at least twenty-eight (28) days prior to the effective date:

(a) State Agencies:

(A) Forestry, Oregon Department of;

(B) Governor’s Office, Assistant for Natural Resources;

(C) Revenue, Oregon Department of.

(b) List of statewide news media, organizations and associations with an interest in OFRI’s rulemaking activities, as maintained by the agency.

History

• Statutory/Other Authority: ORS 526.645(6)
• Statutes/Other Implemented: ORS 183.341
• OFRI 2-2024, amend filed 07/23/2024, effective 07/26/2024
• FRI 2-1995, f. and cert. ef. 10-17-95
• FRI 3-1992, f. & cert. ef. 6-15-92
• FRI 2-1992(Temp), f. & cert. ef. 4-9-92

Or. Admin. R. 628-001-0005 Model Rules of Procedure

The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2006, are hereby adopted as rules of procedure of the Oregon Forest Resources Institute.

History

• Statutory/Other Authority: ORS 526.645
• Statutes/Other Implemented: ORS 183.341
• OFRI 1-2006, f. & cert. ef. 5-25-06
• FRI 1-1992, f. 4-9-92, cert. ef. 4-10-92

Division 10 ADMINISTRATION

Or. Admin. R. 628-010-0005 Definitions

The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires:

(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) “OFRI” means the Oregon Forest Resources Institute.

(3) “Board” means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and ex officiononvoting members.

(4) “Chairperson,” “Chairman” or “Chair” means the Chairperson of the OFRI Board of Directors.

(5) “Committee” means a subcommittee of the OFRI Board of Directors.

(6) “Employed in full-time public service” means employment by a public body as that term is defined in ORS 274.109. For example, the Dean of the College of Forestry at the Oregon State University is employed in full-time public service.

(7) “Executive Director” means the Executive Director of the Oregon Forest Resources Institute.

(8) “Member” or “Board member” or “OFRI Board member” means any individual appointed by the State Forester to serve on the Board of the Oregon Forest Resources Institute.

(9) “Non-qualified member” means a Board member other than a Qualified member.

(10) “Other expenses” includes, but is not limited to, expenses incurred by a Board member of the Oregon Forest Resources Institute 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 $20 per day.

(11) “Official duties” includes:

(a) Attendance at a Board meeting or subcommittee meeting;

(b) Substantial preparation for a Board meeting or Committee meeting; and

(c) Attendance at a conference or other activity as a representative of the Board, either at the request of the Chair or as authorized in advance by a vote of the Board.

(12) “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.

(13) “Travel and other expenses” includes meals, overnight lodging, the cost of attending an event as a representative of the Board, and other miscellaneous travel expenses such as but not limited to postage, taxis/public transport/ground transport, airfare, parking fees, bridge tolls, telephone charges. “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 Board business;

(d) Use of a gym or health club;

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

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 526.645
• Statutes/Other Implemented: ORS 321.017
• OFRI 4-2025, amend filed 01/22/2025, effective 01/23/2025
• FRI 1-1994, f. & cert. ef. 3-9-94
• FRI 4-1992, f. & cert. ef. 6-15-92

Or. Admin. R. 628-010-0010 Harvest Tax Rate for OFRI

(1) The OFRI Board of Directors shall establish prior to November of each year the rate of privilege tax levied through the harvest tax, pursuant to ORS 321.017.

(2) The privilege tax rate established annually by the OFRI Board of Directors shall not exceed or be contradictory to the limits set forth in the authorities established by ORS 321.017.

(3) In order to carry out the duties, functions, and powers of the Oregon Forest Resources Institute, the Oregon Forest Resources Institute Board of Directors will set the annual privilege tax rate levied through the harvest tax according to the following criteria:

(a) Resources needed to implement the Oregon Forest Resources Institute’s budgetary programs;

(b) Estimated harvest projections as determined by the Oregon Department of Forestry and the state economist.

(4) The Institute Board of Directors may adjust the maximum tax rate prescribed by ORS 321.017 by the average annual increase in the Consumer Price Index for the preceding year, as published by the Bureau of Labor Statistics, U.S. Department of Labor, for Portland, Oregon, whenever it determines the existing maximum rate may be inadequate to meet anticipated increases in the Institute’s program costs, given projected harvest levels.

(5) Opportunity for public comment on the annual privilege tax rate levied through the harvest tax as set by the Oregon Forest Resources Institute Board of Directors will be provided as part of the annual public meeting on the Oregon Forest Resources Institute’s proposed budget. Public notice of the meeting will be given at least 14 days prior to the date of the meeting. Copies of the budget will be available for public inspection under reasonable circumstances in the office of the State Forester and the office of the Oregon Forest Resources Institute.

History

• Statutory/Other Authority: ORS 526.645
• Statutes/Other Implemented: ORS 321.017
• OFRI 1-2024, amend filed 05/13/2024, effective 05/20/2024
• FRI 1-1993, f. & cert. ef. 4-19-93
• FRI 4-1992, f. & cert. ef. 6-15-92

Or. Admin. R. 628-010-0020 Refund of Tax Used for Publications

Preamble: These rules implement legislation adopted in 2003 in response to recent federal court decisions involving mandatory assessments by agricultural commodity commissions. In some of these cases the courts have held that commodity commissions may not require growers to contribute to advertising, product promotion, and similar forms of speech. It is not clear that these cases apply to the Oregon Forest Resources Institute, nor the information which it produces and distributes. Nevertheless, in order to reduce the likelihood of legal challenge, these rules permit tax payers who might disagree with OFRI’s activities the opportunity to seek a refund of that portion of the Forest Products Harvest tax which supports OFRI’s informational programs.

(1) Any person who has paid Forest Products Harvest Tax pursuant to ORS 321.017 may apply to OFRI for a refund of that portion of the tax used to support OFRI’s informational programs (such as print, television, and radio ads). Refund applications shall be made on forms provided by OFRI. The term “person” includes legal entities such as partnerships and corporations.

(2) Refund applications must include proof of payment of tax, together with any interest and penalties. Proof of payment may include any of the following: copies of checks, credit card statements, or Department of Revenue receipts for cash payments. If the applicant has paid for more than one tax in a combined payment, the applicant shall identify the amount of Forest Products Harvest Tax paid pursuant to ORS 321.017, eligible for refund from OFRI.

(3) Refund applications, together with proof of payment, must bear the notarized signature of the person seeking the refund certifying the truth of the information contained in the application. If the refund is sought by a business association (such as a corporation or partnership), the application must bear the notarized signature of a person authorized to make the application on the business association’s behalf.

(4) Applications which are incomplete, contain erroneous information, or are otherwise deficient will be returned to the person seeking the refund with an explanation of the deficiency. OFRI may request additional information if necessary to evaluate the refund request.

(5) Within 60 days of receipt, OFRI will either provide the refund or return the application as incomplete, inaccurate, or otherwise deficient. OFRI will notify the Department of Revenue of all refunds made pursuant to this rule.

(6) In the event it is determined that a refund was made in excess of the amount authorized by law, OFRI shall request that the taxpayer return the excess.

(7) Any person aggrieved by a decision to deny refund, or to provide a refund in less than the amount sought, may appeal. Appeals shall be in writing, filed with the Executive Director within 30 days of the date of the decision complained of, and shall specifically state all reasons for the appeal and the relief sought.

(8)(a) Applications must be filed by March 1 for refunds of taxes in the previous year. Applications will only be accepted for taxes paid after January, 1, 2003.

(b) Applications may be filed by April 31, 2004 for taxes paid in 2003.

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

History

• Statutory/Other Authority: ORS 526.645(6)
• Statutes/Other Implemented: ORS 526.675
• OFRI 1-2004, f. & cert. ef. 7-1-04

Or. Admin. R. 628-010-0030 Compensation for OFRI Board Members, Officers, and Employees

(1) In accordance with the procedures set forth in subsections (5) and (6) of this rule, as applicable, OFRI shall provide to a Qualified member of the Board that is not employed in full-time public service:

(a) 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 this rule.

(2) For purpose of Board members and employees of OFRI receiving their actual and necessary travel and other expenses incurred in the performance of their official duties the following rules govern the incurring and reimbursement of such qualifying expenses:

(a) OFRI board members and employees may receive reimbursement for their actual and necessary travel and other expenses incurred during the time period associated with official business travel. The time period associated with official business travel includes the actual days of the meeting, activity, or function plus a reasonable period of time to reach the intended destination and return.

(b) There will be no reimbursement for the expenses of the spouse of a board member or employee.

(c) Prior approval must be obtained from the OFRI Chairperson, in writing, for out-of-state travel more than 150 miles beyond Oregon’s border or for foreign travel. Travel should be by the most direct route, by the method most advantageous to OFRI, and at the general public fare rate (i.e., coach class). Factors considered in determining what is most advantageous to OFRI include, but are not limited to, cost (including time involved in travel); objective of the trip; public image; consistency with the state’s energy conservation policies, and consistency with any contracts the state may have for providing travel services.

(d) A Board member or employee, in the course of carrying out official OFRI business may opt to use their private vehicle and be reimbursed for mileage at the current private car mileage rate set by the federal Internal Revenue Service;

(e) No meals or lodging may be compensated for Board members or employees who travel within 25 miles of their home or official work station. The exception to this case is if such travel is related to special events (conferences, conventions, fairs, or similar events);

(f) OFRI may cover the costs of meals for persons other than board members and employees of OFRI and may claim reimbursement for approved travel expenses of another state employee or state agency officer upon substantiation that such costs were in the furtherance of OFRI business affairs. Claims for travel expenses of another state employee or state agency officer may be reimbursed only if the employee or state agency officer is traveling and appearing in an official capacity and the event requiring travel bears a relationship to the employee’s or state agency officer’s official duties or office. Reimbursement shall not be allowed for claims that do not have sufficient documentation substantiating such expenses (such as but not limited to attached agenda, or written authorization from the OFRI Chairperson);

(g) OFRI may reimburse eligible non-state employees (e.g., a member of an advisory committee appointed by the OFRI Chairperson or OFRI Executive Director, an applicant interviewing for state employment, a volunteer working for OFRI, or a person providing a service to OFRI through a personal services contract relationship) for approved costs incurred for travel, meals, and lodging while conducting OFRI business. Requests for reimbursement for expenses by eligible nonstate employees shall be submitted within 30 days after the month in which expenses are incurred. Reimbursement shall not be allowed for claims that do not have sufficient documentation substantiating such expenses (such as but not limited to attached agenda, or written authorization from the OFRI Chairperson);

(h) Reimbursement up to 18 percent of receipt cost for gratuity is allowed. When a gratuity of less is paid, only the amount paid shall be claimed. Gratuity must be documented on receipt;

(i) If foreign travel is necessary to carry out official duties of an OFRI board member or employee, the OFRI Chairperson is authorized to establish special travel expense provisions applicable to the particular travel undertaken;

(j) With prior authorization obtained from the OFRI Chairperson or OFRI Executive Director, a cash advance for travel or other expenses may be made to a Board member or employee. Request for cash advances must be in written form documenting the specific cost(s) needing to be covered. If the travel advance is in excess of expenses incurred, cash repayment must be made to OFRI on or before the tenth day following the month in which the authorized travel ended and shall accompany the itemized request for travel expense reimbursement;

(3) If a non-Qualified OFRI Board member elects to decline payment for expenses associated with official business travel for a given period of time, then the individual must submit a signed statement to that effect to the OFRI Chairperson. After declining reimbursement, a Board member may at any subsequent date choose to accept reimbursement by submitting a written statement to the OFRI Chairperson indicating such a change. An OFRI Board member may not receive payment for expenses, current or retroactive, during a period they have set forth in writing to the OFRI Chairperson as declining reimbursement.

(4) A Qualified member of the Board may decline to accept compensation or reimbursement of expenses, or both, related to the qualified member’s service on the Board by submitting a signed statement to that effect to the OFRI Chairperson. After declining compensation or reimbursement, a Qualified member may at any subsequent date choose to accept payment or reimbursement by submitting a written statement to the OFRI Chairperson indicating such a change. An OFRI board member may not receive payment or reimbursement, current or retroactive, during a period they have set forth in writing to the OFRI Chairperson as declining compensation or reimbursement.

(5) A Qualified member must submit a written claim for compensation to the Director of Business Operations 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 May 1 and May 10 must be submitted by June 15. The Qualified 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. Compensation will be paid consistent with subsection (1)(a) above such that a Board member receives the per diem amount specified therein without regard to whether performance of official duties took place only during a portion of a day (e.g., compensation is not done on a pro rata basis).

(6) All Board members and staff must submit an OFRI-provided form for reimbursement of actual and necessary travel or other expenses to the Director of Business Operations no later than the 15th day of the calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information and substantiation for each expense:

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

(b) Nature of the expense;

(c) Amount of the expense; and

(d) Receipt(s) for all travel and other expenses, including itemization or documentation of any gratuity.

(7) Any expense that exceeds $1,000 must be authorized by the Director of Business Operations before the Board member incurs the expense.

History

• Statutory/Other Authority: ORS 526.645
• Statutes/Other Implemented: ORS 526.630
• OFRI 3-2025, amend filed 01/22/2025, effective 01/23/2025
• FRI 1-1994, f. & cert. ef. 3-9-94
• FRI 4-1992, f. & cert. ef. 6-15-92

Or. Admin. R. 628-010-0220 Public Records Requests and Fees for Public Records

(1) A request to inspect or receive a copy of a public record must:

(a) Be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of persons involved, business or organization involved;

(b) The name, address, phone number and email address of the person requesting the public records; and

(c) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of Oregon Forest Resources Institute, 9755 SW Barnes Road, Suite 210, Portland, OR 97225 or by email to publicrecordsadministrator@ofri.org.

(2) As authorized by law, the Institute charges the following fees reasonably calculated to reimburse the Institute for its actual cost in making public records available, including costs for summarizing, compiling and tailoring the public records to meet the request:

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

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

(c) Records search by professional staff at $75.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media at cost set forth in statewide price agreement;

(f) Postage at current postal rates;

(g) If the request appears to require Institute 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 Institute.

(3) The Institute may also include in the fee an estimate of actual cost of anticipated time spent by an attorney for the Institute 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 Institute in determining the application of the provisions of ORS 192.311 to 192.478.

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

(5) If in reviewing the request the Institute determines that a fee will likely exceed $25, the Institute shall estimate the allowable fee and provide the requester with a written notification of the estimated amount of the fee.

(6) The requester must pay all fees in advance.

(7) Any person requesting a fee waiver or reduction from the Institute must submit the request in writing.

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

(a) Records search by clerical staff at $20.00 per hour;

(b) Records search by managerial staff at $32.00 per hour;

(c) Records search by professional staff at $60.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media at cost set forth in statewide price agreement;

(f) Postage at current postal rates;

(g) No additional cost considerations will be included in the invoiced amount passed on to the request under this reduced fee structure; and

(h) DOJ, special attorney and other applicable legal fees, at $75.00 per hour.

History

• Statutory/Other Authority: ORS 526.645
• OFRI 2-2020, adopt filed 08/27/2020, effective 09/01/2020

Or. Admin. R. 628-010-0230 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Oregon Forest Resources Institute hereby adopts OAR 137-005-0052 as promulgated by the Attorney General on Oct. 27, 2015.

History

• Statutory/Other Authority: ORS 36.224(4)
• Statutes/Other Implemented: ORS 526.645(6)
• OFRI 3-2020, adopt filed 10/26/2020, effective 10/27/2020

Division 20 CRITERIA FOR PRODUCER CLASS QUALIFICATIONS; PRODUCER CLASSIFICATIONS

Or. Admin. R. 628-020-0000 Definitions

The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires:

(1) “Board” means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and nonvoting members.

(2) “OFRI” means the Oregon Forest Resources Institute.

(3) “Producer” means any person, partnership, association, corporation, cooperative or other business entity, including all affiliates and subsidiaries, actively and directly involved in the growing, harvesting or production of timber or timber products, who has paid the forest products harvest tax under ORS 321.005 to 321.185 in at least one of the five years preceding an election for the OFRI Board of Directors.

(4) “Producer” does not include landowners who meet the requirements of ORS 526.610(2)(b).

History

• Statutory/Other Authority: ORS 526.645(6)
• Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620
• OFRI 2-2025, amend filed 01/22/2025, effective 01/23/2025
• FRI 2-1995, f. & cert. ef. 10-17-95

Or. Admin. R. 628-020-0010 Process for Determining Producer Class Qualifications

The board shall determine producer class qualifications by rule. A three-fourths majority vote of the board shall be required in establishing qualifications.

(1) The board shall consider the following factors in determining producer class qualifications under ORS 526.610:

(2) Whether there are sufficient numbers of producers in each classification to assure a broad representation of interests;

(3) Whether the classifications fairly reflect the proportional amount of harvest tax revenues contributed by various producers.

(4) Producer class qualifications shall ensure that the largest number of producers constitute the small producer class, and that the smallest number of producers constitute the large producer class.

History

• Statutory/Other Authority: ORS 526.645(6)
• Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620
• OFRI 1-2025, amend filed 01/22/2025, effective 01/23/2025
• FRI 2-1995, f. & cert. ef. 10-17-95

Or. Admin. R. 628-020-0020 Producer Classifications

Producer classifications shall consist of the following:

(1) Producers of under 20 million board feet per year;

(2) Producers of at least 20 million board feet per year, but under 100 million board feet per year;

(3) Producers of at least 100 million board feet per year.

History

• Statutory/Other Authority: ORS 526.645(6)
• Statutes/Other Implemented: ORS 526.600, 526.610, 526.615 & 526.620
• FRI 2-1995, f. & cert. ef. 10-17-95