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State
Oregon
OAR Chapter 1 Oregon State Marine Board PROCEDURAL RULES

The Oregon Administrative Rules contain OARs filed through April 14, 2006

OREGON STATE MARINE BOARD

DIVISION 1

PROCEDURAL RULES

250-001-0000

Notice of Proposed Rule

Prior to the adoption, amendment or repeal of any rule, the State Marine Board 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 21 days prior to the effective date.

(2) By mailing notice to persons on the State Marine Board's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule.

(3) By mailing notice to the following persons, organizations, or publications:

(a) Associated Press;

(b) Capitol Press Room;

(c) State agencies affected;

(d) Port and park and recreation districts in the area affected;

(e) City and/or county officials in the area affected;

(f) Newspapers of general circulation and broadcast media in the political subdivision affected.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.110
Hist.: MB 72, f. & ef. 11-4-75; MB 2-1985, f. & ef. 1-29-85; MB 7-1994, f. & cert. ef. 6-1-94

250-001-0005

Model Rules of Practice and Procedure

The effective edition of the Oregon Attorney General's Model Rules and Uniform Rules of Procedure are by this reference adopted as the rules of practice and procedure of the Marine Board.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Marine Board.]

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110(1)
Hist.: MB 68, f. 5-19-75, ef. 6-11-75; MB 78, f. & ef. 8-27-76; MB 3-1978, f. & ef. 4-5-78; MB 1-1982, f. & ef. 3-1-82; MB 4-1984, f. & ef. 1-19-84; MB 4-1986, f. 4-15-86, ef. 4-18-86

250-001-0010

Availability of the Rules

Pursuant to ORS 830.110(11), the laws and rules of the Marine Board shall be available at the office of the State Marine Board.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; Renumbered from 250-010-0020

250-001-0020

Fees for Furnishing Information

The Marine Board may charge reasonable fees to cover those costs resulting from requests for reproduction of agency records.

(1) Individuals or firms requesting an alphabetical or numerical listing of boat owners, and information concerning their boats, will be charged a fee as follows:

(a) Labels or printouts are $250 for up to 1,000 names printed on labels and/or print-out, plus $25 for each 1,000 additional names or portion thereof. This fee includes the cost of data processing, labels, administrative expense and shipping;

(b) Electronic format - $165 including actual cost of computer generated media, electronic files, staff time involved in research, file review, compiling and duplication, and shipping costs;

(c) An advance deposit to cover the anticipated cost will be required.

(2) The Board may recover actual costs for supplies and staff time for research, file review, compiling and duplication required to provide copies of material, whether printed, computerized or in other media, that was produced by Marine Board or by a vendor under contract to the Marine Board and which is not intended for general distribution. That includes but is not limited to items such as internal reports, studies, engineering drawings, CAD files, maps, computer diskettes, tapes, computer generated media, electronic files, transcripts, or mailing lists. Generally, information is available only in the means (paper, computer program or otherwise) it was created. Exempt: Brochures, booklets and other mass-produced items intended for general distribution are not included as "documents" under this rule.

(a) The standard charge for single page reproduction shall not exceed $.25 per standard 8-1/2 x 11" page, $.35 per 11x17" page, $1.00 per 24x36" drawing sheet (blueprint), $2.50 per 24x36" drawing sheet (bond paper). Double-sided copies count as two pages. Mailing costs include postage fees and actual cost of special mailers required.

(b) The standard charge for duplication of audio and/or video tapes shall be the actual cost of the tapes, staff time involved in research, file review, compiling and duplication, and shipping costs;

(c) The charge for computer diskettes will be actual cost plus staff time required for copying requested files, the actual cost of special mailers and postage;

(d) There will be no charge for an individual request of five or fewer copies of a single 8-1/2 X 11" page;

(e) An advance deposit of up to 50 percent of the estimated total charge may be required for those people or organizations who require a considerable number of reproduced copies.

(3) The Director may reduce or waive the fee for non-profit organizations and government agencies requesting lists or documents in the interest of boating access, safety programs or law enforcement purposes.

(4) For outfitter/guide listings the fees shall be as follows:

(a) Machine reproductions - $.25 per standard 8-1/2 x 11" page. There will be no charge for an individual request of five or fewer copies of a single page;

(b) Machine generated labels or listings - $50 for up to 1,000 names plus $10 for each 1,000 additional names or portion thereof;

(c) Machine generated labels, listings or printouts in other than the standard format - Actual cost of programming, processing and administrative expenses, but not less than $75 for up to 1,000 names, plus $20 for each 1,000 additional names or portion thereof;

(d) The fees charged will be actual cost of electronic media or files, computer diskettes, cost of staff time required for copying requested files, plus actual cost of special mailers and postage.

Stat. Auth.: ORS 195, ORS 283 & ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 12, f. 3-27-62; MB 8-1978(Temp), f. & ef. 10-5-78; MB 10-1978, f. & ef. 12-21-78; Renumbered from 250-010-0165; MB 16-1984, f. & ef. 12-3-84; MB 2-1986, f. & ef. 1-30-86; MB 1-1997, f. & cert. ef. 4-4-97; OSMB 1-2003, f. & cert. ef. 1-14-03

250-001-0030

Hearings Authorized

The Director, or a designated agent, upon the order of the Board or any member of the Board, with the approval of the Board, may conduct public hearings for the purpose of promulgating special regulations consistent with the safety of the public relating to the operation of boats, when a request for such hearing is received from the governing body of a political subdivision.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & ORS 830.175
Hist.: MB 5, f. 7-13-60; MB 88(Temp), f. & ef. 11-4-77; MB 4-1978, f. & ef. 4-5-78; Renumbered from 250-010-0170