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(continued) ess the assessed value is readily available and reflective of comparable similarly situated tax lots. If not, the AV of privately owned comparable tax lots shall be substituted. In cases where the adjacent riparian tax lot is less than one hundred (100) feet deep, the Division will assume the adjacent riparian tax lot has a depth of one hundred (100) feet and apportion the AV based on this derived area.

NOTE: Formula Explanation

AV= Assessed value or appraised value (as defined in OAR 141-082-0020(6) and (8) of these rules) whichever is less except as stated in OAR 141-082-0100(11) and (12).

LA= Authorized lease area in square feet of state-owned submerged and submersible land.

AR= Annual lease rental payment.

(a) Commercial marinas and docks, and commercial floating home moorages. The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.0191 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) 3 percent of actual annual slip or boat rental income; or

(C) Riparian land value method of AV x LA x 5 percent = AR.

(b) Non-commercial marinas and docks, including all types of ownership oriented marinas and docks and excluding those structures qualified for registration and exempt from lease (e.g., docks and boat houses less than 2,500 square feet). The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.0191 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) 3 percent of the comparable annual slip rentals; or

(C) Riparian land value method of AV x LA x 5 percent = AR.

(c) Non-commercial floating home moorages including those operated by ownership-oriented organizations. The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.0191 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) 3 percent of comparable annual slip rentals; or

(C) Riparian land value method of AV x LA x 5 percent = AR.

(d) Individual floating homes and similar structures and uses such as, but not limited to, a combination structure/floating home or any structures connected to utilities and associated with residential use not eligible for registration. The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.0191 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) Riparian land value method of AV x LA x 5 percent = AR.

(e) Historical vessels, moorages, docks or similar structures not eligible for registration and owned by charitable organizations (limited to youth-oriented, historical, educational, or scientific organizations). The annual lease rental payment is two hundred and seventy five dollars ($275) per year per structure or combination of structures at a single location or facility (e.g., youth camp). OAR 141-082-0100 (5) and (9) shall not apply.

(f) Log boom areas, log raft storage areas. The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $.00956 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) Riparian land value method of AV x LA x 5 percent = AR.

(g) Marine industrial and marine service commercial uses/structures including fish processing facilities. The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.328 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) Riparian land value method of AV x LA x 5 percent = AR.

(h) Non-Marine Uses (except as identified in these rules, for example, floating homes). The annual lease rental payment calculation is the lesser of the:

(A) Flat rate method of $0.383 per square foot (which shall be increased each year on June 1st by three (3) percent) x LA; or

(B) Riparian land value method of AV x LA x 5 percent = AR.

(5) The above described flat rate method factors (OAR 141-082-0100 (a) through (h)) shall be increased by three (3) percent every year on June 1st. The AV factor for the above-described riparian land value method shall have the meaning defined in OAR 141-082-0020(8). Annual lease rental payments shall be billed on the basis of the adjustments described in OAR 141-082-0100(4).

(6) Rates for uses within each authorized area shall be calculated by the Division on a square foot basis of state-owned submerged and/or submersible land as applicable for each use classification (for example, non-commercial marina), and based on the lessee's choice of rate calculation methods except as noted in OAR 141-082-0100(2) above. More than one use (known as a mixed use) may be permitted by the Division within an authorized lease area. Rates will be calculated for each use area based on the most applicable use classification, as specified in OAR 141-082-0100(4)(a) through (h), and summed to derive the total annual lease rental payment or minimum bid for the entire leasehold.

(7) Annual lease rental payments based on three (3) percent of actual or comparable annual slip or boat rental shall be supported by documentation provided by the lessee or lease applicant. The Division, based on consultation with the lessee, shall establish and identify in the lease the reporting schedule and the form of documentation required for the Division and lessee to perform the due diligence necessary to verify the actual or comparable income. Lessees using this method shall make their records available for periodic audit by the Division.

(8) Wharf areas or areas occupied by uses or structures exempt from authorization by law or these rules from payment of annual lease rental may be included within the authorized area, but are not included in the calculation of the annual lease rent payment.

(9) The annual lease rental payment for executed leases shall be adjusted annually on each lease anniversary date by increasing the annual lease rental payment by three (3) percent rounded to the nearest dollar. This annual lease rental payment adjustment for executed leases shall not apply to those calculated based on actual or comparable annual slip or boat rental income.

(10) The Division shall notify lessees in writing of the new annual lease rental payment not less than sixty (60) calendar days in advance of the lessee's lease anniversary date.

(11) In calculating the initial annual lease rental payment using the riparian land value method, lessees or lease applicants may substitute an appraised value of the adjacent riparian tax lot or as determined by the Division, a comparable tax lot in place of the assessed value. The Division reserves the right to evaluate, review, and challenge the appraisal. The appraisal shall be conducted at the lessee or lease applicant's expense. If the appraisal is used by the Division to calculate the initial annual lease rental payment, the Division will credit one-half of the cost of the appraisal to the lessee's annual lease rental payment. In the event of a dispute between the Division and the lessee or lease applicant, the value shall be determined through the three-appraiser method specified in ORS 274.929(3).

(12) If in the process of using the riparian land value method for calculating the initial annual lease rental payment, the AV is found to be artificially depressed due to the presence of hazardous materials or some other extenuating circumstance(s) as determined by the Division, another comparable upland tax lot shall be selected by the Division as the basis for calculating the initial annual lease rental payment. The lease applicant may suggest a comparable tax lot or may appeal the Division's selection as allowed in OAR 141-082-0200.

(13) For all other structures/uses not listed in OAR 141-082-0100(4)(a) through (h) and determined by the Director pursuant to OAR 141-082-0030(1) to be eligible for lease, the annual lease rental payments shall be determined on a case-by-case basis and be not less than the base minimum annual lease rental payment as defined by OAR 141-082-0100(1).

(14) The State Land Board shall periodically review and decide whether to maintain or redetermine the lease rental formulas, methods, annual lease rental payment adjustments, classifications or other factors as specified in these rules. Any redetermination, change or amendment to OAR 141-082-0100 must be done according to the administrative rulemaking process (ORS 183).

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0101

Suspended Use Lease Rental Rate

(1) A lessee may request that the Director grant a suspended use lease rental rate of not less than the base minimum annual lease rental payment if all or a portion of the lease premises are severely damaged or destroyed by natural disaster or other means such that the use(s) authorized by the lease must cease or be significantly interrupted.

(2) The lessee shall make a request for a suspended use lease rental rate to the Director in writing stating the reasons for the request and including sufficient documentation to demonstrate that the request meets the requirements of OAR 141-082-0101(1). No application fee will be required.

(3) The Director, within thirty (30) calendar days of receiving a completed request, shall either: deny the request; ask for additional information; or approve the request and initiate a lease amendment. The Director shall have sole discretion as to the terms and conditions of the lease amendment under this section (OAR 141-082-0101) subject to the appeal provisions of OAR 141-082-0200.

(4) Any suspended use lease rental rate granted by the Director shall not exceed one (1) year and shall not be in effect until a lease amendment has been executed by the Division and the lessee, or otherwise authorized in writing by the Director. The suspended use lease rental rate shall supersede the annual lease rental payment identified in the lease contract agreement for the period the reduced rental rate is in effect.

(5) A suspended use lease rental rate is renewable annually for up to three (3) consecutive years based on the lessee's resubmittal of a request; verification by the Division of the circumstances; and Director's approval. Renewal requests must be submitted in writing not less than sixty (60) calendar days prior to the expiration of suspended use lease rental rate.

(6) The lessee shall immediately notify the Division upon any resumption of any of the uses authorized in the lease that are subject to the suspended use lease rental rate lease amendment. The lessee shall fully comply with any notification requirements and conditions of use resumption as stipulated in the Director's authorization and lease amendment.

(7) Failure to notify the Director of resumption of any use authorized in the lease may result in immediate cancellation of the suspended use lease rental rate and reinstatement of the original rate effective on the date the allowed use resumed.

(8) Changes in the leasehold area and/or authorized uses shall be processed in accordance with OAR 141-082-0080.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0105

Public Facility Licenses

(1) Public agencies shall apply for on a form provided by the Division, and renew a public facility license for all eligible facilities in the same manner as described in OAR 141-082-0040 and 141-082-0070(1) to (5).

(2) All applications for a public facility license shall be accompanied by a non-refundable fee in the amount of two hundred and fifty dollars ($250) payable to the Division.

(3) The maximum term for a public facility license shall be fifteen (15) years and shall be renewable for additional terms of fifteen (15) years upon application.

(4) Existing public facility licenses shall remain in effect until expiration, at which time they shall be reviewed for renewal in accord with these rules.

(5) Modifications for size and use of a public facility license shall be processed and reviewed in the same manner as a new application as specified in OAR 141-082-0040 and 141-082-0049 of these rules.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0110

Removal of Unauthorized Structures

(1) The Division may require the owner of an unauthorized structure on state-owned submerged and/or submersible land to remove it at his/her own expense.

(2) If the owner refuses to remove the unauthorized structure, or if no owner can be located, the Division may, at its own expense, remove the structure from state-owned submerged and/or submersible land.

(3) The Division shall pursue whatever legal options are available to recover such removal costs from the owner, including placing a lien on the assets of that owner.

(4) If the owner does not pay the costs incurred in the removal of the unauthorized structure by the Division, the Division may impose a civil penalty pursuant to OAR 141-082-0130.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0120

Submerged and Submersible Land Closures and Use Restrictions

(1) The Land Board may, based upon a request from any person, including a public agency, declare that certain state-owned submerged and/or submersible lands shall not be available for lease, registration, temporary use permit, public facility license, or that any such lease, registration, temporary use permit, or public facility license shall be limited to certain designated uses, or that any such authorizations must meet certain specific conditions designed to protect public trust values in a specific area.

(2) The Land Board may approve all or a portion of such a request upon a finding that the requested limitation is necessary to prevent unreasonable interference with the public's right to use the waterway for commerce, navigation, fishing and recreation or to carry out the policies set out in these rules at OAR 141-082-0010.

(3) Any such limitation of use shall be adopted by administrative rule by the State Land Board in accordance with ORS 183. There shall be at least one (1) public hearing in the subject area. Prior notice of public hearings shall be given to riparian property owners within the immediately affected area as provided by the local county tax assessor's office, other affected public agencies (for example, Oregon State Marine Board, U.S. Coast Guard, U.S. Army Corps of Engineers, and local government), and other public interests.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0130

Civil Penalties

(1) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not more than one thousand dollars ($1,000) per day of violation for the following:

(a) Violations of any administrative rule adopted under ORS 274.040; or

(b) Violations of any term or condition of a written authorization granted by the Division under ORS 274.040.

(2) The Director shall give written notice of a civil penalty by registered or certified mail to the person incurring the penalty. The notice shall include, but not be limited to the following:

(a) The particular section of the statute, rule, or written authorization involved;

(b) A short and clear statement of the matter asserted or charged;

(c) A statement of the party's right to request a hearing within twenty (20) calendar days of the notice;

(d) The time allowed to correct a violation; and

(e) A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated.

(3) The person incurring the penalty may request a hearing within twenty (20) calendar days of the date of service of the notice provided in OAR 141-082-0130(2). Such a request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty.

(4) The amount of a civil penalty shall be not less than fifty dollars ($50) per day, or more than one thousand dollars ($1,000) per day for violation of an authorization issued under ORS 274.040 or violation of any administrative rule adopted under ORS 274.040.

(5) In imposing a penalty under OAR 141-082-0130 of these rules, the Director shall consider the following factors as specified in ORS 274.994:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;

(b) Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible lands;

(c) The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and

(d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules.

(6) Pursuant to ORS 183.090(2), a civil penalty imposed under OAR 141-082-0130 shall become due and payable ten (10) calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal.

(7) If a civil penalty is not paid as required by OAR 141-082-0130, interest shall accrue at the maximum rate allowed by law.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0140

Registration Of Structures

(1) Qualifying structures subject to registration under this section include non-commercial:

(a) Docks/floats and/or boat houses and associated or individual pilings, dolphins, mooring buoys, and protective booms;

(b) Floating recreational cabins; and

(c) Water sport structures unless authorized by the Oregon State Marine Board in compliance with OAR 250-010-0097 (Application For Special Use Device Permits).

(2) The Director may determine that other structures similar to those specified in OAR 141-082-0140(1) are also subject to registration and the rules governing registrable structures. If the Director determines that a structure is registrable, s/he shall assign an appropriate fee.

(3) Public non-commercial docks/floats, boathouses, and similar structures are not subject to registration. A public facility license or other form of authorization is required.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0150

Registration Requirements and Provisions

(1) All persons:

(a) Owning structures subject to registration which were in existence on April 14, 1998 shall register the structure with the Division.

(b) Owning a wharf subject to the exemption from lease provided by ORS 780.040 shall register the structure with the Division.

(c) Placing a new structure subject to these rules, or changing the location of a registered structure after the effective date of these rules shall notify the Division in writing ninety (90) calendar days prior to such placement, or change in location.

(d) Making modifications to a registered structure which changes the fee category or eligibility of the structure for registration shall notify the Division ninety (90) calendar days prior to making such a modification.

(2) Registration shall be made on a form provided by the Division.

(3) A separate registration form and accompanying payment shall be submitted for each individual dock/float, boat house, or other registrable structure.

(4) Each registration, except for those for wharfs and government function facilities, shall be accompanied by a fee payment in the amount indicated in OAR 141-082-0170 of these rules. All registrations, including those for a wharf, shall also be accompanied by:

(a) A location map showing the location of the registrable structure relative to its surroundings.

Note: Aerial photographs, U.S.G.S. Quadrangle maps, and Coast Survey Charts are all suitable for this purpose.

(b) A map from the County Assessor that shows the location of the requested registrable structure.

(c) A plot plan (suggested scale 1" = 100') showing the location of the registrable structure, proposed or existing facilities, the adjacent lands and property boundaries, the location of the Ordinary High and Ordinary Low Water lines, and the direction of water flow.

(5) For structures constructed, placed, or modified (pursuant to OAR 141-082-0150(1)(d) after April 14, 1998 the applicant shall provide on the registration form the name(s), address(es), and telephone number(s) of the owner(s) of any adjacent riparian upland within two hundred (200) feet of the structure for which registration is requested.

(6) The applicant shall contact each adjacent upland riparian owner indicated on the registration form to determine if there are any concerns associated with the placement or modification of the structure, or if it would unreasonably interfere with the rights of the public to use the waterway for fishing, navigation, commerce, and recreation. The Division shall consider any information provided by the adjacent riparian upland owner(s) in deciding whether to register or condition the registration of the structure.

(7) In the event an applicant's proposed structure will not be situated adjacent to riparian property owned by the applicant, that riparian property owner shall have an option to register a structure at the same site. The Division shall send a copy of the application to the riparian property owner identified in the application. The riparian property owner shall have thirty (30) calendar days from the date the application is postmarked to object to the issuance of the registration or to submit a registration application for a structure at the same site as the original application. Any such registration application shall be submitted by the riparian property owner and processed by the Division in a manner consistent with these rules. The written objection must state the reasons why the original application does not meet the qualifications for registration as stated in OAR 141-082-0150(8). If no riparian property owner registration application or written objection is received by the Division within the required thirty (30) calendar day period, the Division may issue the registration to the original applicant. The original applicant as well as the involved riparian property owner shall have all rights of appeal as stated in OAR 141-082-0200.

(8) To qualify for registration, each structure shall:

(a) Not unreasonably interfere with the public's right to use the waterway and state-owned submerged and submersible land for fishing, navigation, commerce, and recreation;

(b) Comply with all applicable local, state, and federal laws including the local comprehensive plan and zoning requirements; and

(c) Comply with the size limitations specified in OAR 141-082-0030(2).

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0160

Registration Terms and Conditions

(1) A registration issued by the Division shall be valid for a term of five (5) years for all structures except government function facilities which shall be ten (10) years.

(2) A structure, when properly registered with the Division is not subject to lease as long as it continues to fully meet all the requirements to be registrable as provided in these rules.

(3) Unless otherwise prohibited by law, any registered structure in compliance with these rules may be repaired or replaced in a manner consistent with the requirements of OAR 141-082-0150, and remain authorized under the original registration issued by the Division.

(4) The Division shall be notified in writing of any:

(a) Change in the location of a registered structure ninety (90) calendar days prior to such change;

(b) Change in ownership of a registered structure within ninety (90) calendar days of the transfer of ownership. If the transfer is part of a legal transaction but not a sale (for example, bankruptcy, foreclosure, estate settlement), the Division shall be notified within thirty (30) calendar days of the final settlement or decision.

(5) Registrations must be renewed every five (5) years. The Division shall notify all registrants by mail, and provide a form to renew their registration ninety (90) calendar days prior to the expiration date of each registration(s).

(6) The Division may place conditions on a registration to address concerns of adjacent riparian upland owners and/or ensure that the continuance or placement of the use does not unreasonably interfere with the rights of the public to use the waterway for fishing, navigation, commerce, and recreation.

(7) The Division shall provide a copy of the registration to the appropriate county official (for example, county recorder) in the county where the registered structure is located.

(8) The Division may reject a registration application, modify the conditions of a registration, or cancel a registration if the subject structure does not conform with applicable local, state, and federal laws or these rules.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0170

Fees

Except for wharfs and government function facilities (which are exempt from payment of a registration fee), the five (5) year fee for each registration or renewal for shall be as follows:

(1) One hundred and twenty five dollars ($125) for a dock/float or boat house one thousand (1,000) square feet or less in size (excluding associated gangways, dolphins, pilings and protective booms).

(2) Two hundred and fifty dollars ($250) for a dock/float or boat house from one thousand and one (1,001) square feet to two thousand (2,000) square feet in size (excluding associated gangways, dolphins, pilings and protective booms).

(3) Three hundred dollars ($300) for a dock/float or boat house from two thousand and one (2,001) square feet to two thousand five hundred (2,500) square feet in size.

(4) Three hundred and fifty dollars ($350) for a floating recreational cabin.

(5) One hundred and twenty-five dollars $125 for a water sport structure.

(6) The fee for structures determined to be registrable by the Director pursuant to OAR 141-082-0030(2) shall be determined on a case by case basis and be not less than one hundred twenty-five dollars ($125).

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0190

Penalties

In addition to any other penalties provided by law, the placement or use of any structure subject to authorization on state-owned submerged and/or submersible land without authorization or otherwise not in compliance with these rules shall constitute a trespass.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0200

Appeals

(1) An applicant for an authorization, or any other person adversely affected by a decision by the Division concerning an authorization, closure or restriction to the use of state-owned submerged and/or submersible land may appeal the decision to the Director.

(a) Such an appeal shall be received by the Director no later than thirty (30) calendar days after the delivery of the decision.

(b) The Director shall decide the appeal within sixty (60) calendar days after the date of delivery of the appeal.

(c) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.

(2) If following the completion of the Director's review in OAR 141-082-0200(1) above an applicant wants to informally continue an appeal, s/he may request that the Director enter into an alternative dispute resolution process. The Director and the appellant shall select a trained facilitator/mediator from a list of pre-qualified individuals. The Division shall pay the costs of the facilitator/mediator. The appellant shall retain the right of formal appeal as described in OAR 141-082-0200(3).

(3) When an applicant for an authorization to use state-owned submerged and submersible land or any other person adversely affected by a decision of the Division concerning an authorization has exhausted the informal appeal process before the Director, s/he may submit an appeal to a contested case hearing. If the person is legally entitled to a contested case hearing, the Land Board shall select a hearing officer and proceed pursuant to ORS 183.413 through 183.470. Otherwise, the appeal before the Land Board shall proceed informally.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02

141-082-0210

Waterway Management Program, Redetermination and Rule Review

The Division shall provide an annual report to the Land Board discussing the status of the waterway management program and the implementation of these rules.

Stat. Auth.: ORS 273.045 & ORS 274.005 - ORS 274.043
Stats. Implemented: ORS 274
Hist.: DSL 18-1999, f. & cert. ef. 7-2-99; DSL 4-2002, f. 6-14-02, cert. ef. 7-1-02


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