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State
Oregon Regulations
CHAP 603 DEPARTMENT OF AGRICULTURE DIVISION 1 PROCEDURAL RULES




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

DEPARTMENT OF AGRICULTURE

DIVISION 1

PROCEDURAL RULES



603-001-0001

Procedure for Notice of Intended Rulemaking

So as to provide a reasonable opportunity for interested persons to be notified of the Department's proposed administrative rulemaking actions, the Department shall give notice of its proposed adoption, amendment, or repeal of any administrative rule prior to such adoption, amendment, or repeal of any administrative rule in the following manner:

(1) By causing the Notice to be published in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the proposed action;

(2) By mailing a copy of the Notice to persons on each of the appropriate departmental lists established pursuant to ORS 183.335(8);

(3) By mailing a copy of the Notice to known interested persons, or in lieu thereof, organizations or associations known to represent such interested persons; and

(4) By causing the Notice to be published in the Oregonian as a legal notice.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 561.190
Hist.: AD 1078(2-76), f. & ef. 1-16-76; DOA 9-2001, f. & cert. ef. 5-4-01; DOA 21-2002, f. & cert. ef. 9-3-02

603-001-0005

Model Rules of Procedure

The Attorney General's "Model Rules of Procedure Under the Administrative Procedures Act", effective October 3, 2001 are hereby adopted as the rules of procedure for the Department in its rulemaking activities, declaratory ruling activities, and contested case considerations.

Stat. Auth.: ORS 183.341(1)
Stats. Implemented: ORS 183.341(1)
Hist.: AD 953(20-71), f. 10-20-71, ef. 11-11-71; AD 999(13-73), f. 10-26-73, ef. 11-25-73; AD 1090(13-76), f. & ef. 3-26-76; AD 4-1978, f. & ef. 5-11-78; AD 1-1980, f. & ef. 1-24-80; AD 23-1981, f. & ef. 11-24-81; AD 5-1986, f. & ef. 2-11-86; AD 16-1993, f. & cert. ef. 11-24-93; DOA 5-1998, f. & cert. ef. 5-20-98; DOA 4-2002, f. & cert. ef. 1-28-02

Administration
603-001-0110

Uniform Date Statements are Mailed

Unless a different time is specified by law, the monthly date on which the Department shall forward its itemized statement for any amount owing for services and materials on which credit has been extended shall be on or before the 5th business day of each month. The amount specified in the statement is due and payable to the Department within 15 days after this statement is forwarded by the Department.

Stat. Auth.: ORS 183, ORS 192, ORS 561 & ORS 603
Stats. Implemented: ORS 183, ORS 192, ORS 561 & ORS 603
Hist.: AD 791(15-64) f. 9-24-64, ef. 11-1-64; AD 9-1984, f. & ef. 7-6-84

603-001-0120

Meat Dealer License Refunds

The following procedure shall be applicable to requests for refunds as provided in ORS 603.027:

(1) The licensee shall submit his written application for refund, which may be in letter form, to the Department, which shall include:

(a) The last business day the license was effective; and

(b) The name and full mailing address of the new licensee.

(2) The application shall be accompanied by the license being terminated.

(3) The application and license shall be submitted to the Department within 30 days of the last business day the license was effective.

(4) The Department shall base such refunds upon calendar quarters of the licensing year for which the refund is sought.

(5) Upon making such refund to the applicant, the Department shall thereafter refund to the new licensee an amount equal to the unrefunded portion of the annual license fee.

Stat. Auth.: ORS 183, ORS 192, ORS 561 & ORS 603
Stats. Implemented: ORS 183, ORS 192, ORS 561 & ORS 603
Hist.: AD 1091(14-76), f. & ef. 4-9-76; AD 9-1984, f. & ef. 7-6-84

Public Information
603-001-0125

Purpose and Policy

In order to implement the provisions of ORS 183.330(1) requiring each agency to publish its methods for the public to obtain information, and in order to implement the provisions of ORS 192.430 so as to provide reasonable rules necessary for the protection of department records and to prevent interference with the regular discharge of the department's duties, the department adopts the procedures set forth in OAR 603-001-0130 to 603-001-0165. Such procedures shall apply to requests for inspection or copying of public records of the department, and to requests for the department to prepare and supply certified or other types of copies of public records. Procedures for review of any departmental denial of public records inspections or public record copies are to be in accordance with the provisions of ORS 192.450 to 192.490. It is the policy of the department to attempt to balance those public interests that favor disclosure against those public interests that favor governmental confidentiality with a presumption in favor of disclosure.

Stat. Auth.: ORS 183, 192.005 & 561
Stats. Implemented: ORS 183, 192.005 & 561
Hist.: AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0130

Procedures for Obtaining General Information

Except as otherwise provided in OAR 603-001-0125 to 603-001-0170, requests for information shall be directed to the department's Information Officer at the Agriculture Building, 635 Capitol Street, N.E., Salem, OR 97301.

Stat. Auth.: ORS 183 & 561
Stats. Implemented: ORS 192.005
Hist.: AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0135

Procedures for Inspection or Copying of Public Records

(1) Requests for inspection or copying of public records shall be made either, via FAX, via e-mail, or in writing and shall be directed to the appropriate Division Administrator or Assistant Director of Agriculture responsible for the pertinent activity, as shown in the organizational description set forth in OAR 603-001-0155. All requests shall be made at or directed to the department's principal office located at 635 Capitol Street, N.E., Salem, OR 97301. Requests delivered in person shall be done between the hours of 8:30 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. Monday through Friday of each week except holidays. Receipt of a request shall be acknowledged in writing by the department, and the required fees, if any, for research and copies, and the time and place the requested records would be available for inspection or copying.

(2) Requests for inspection or copying of public records, which would result in any of the following, shall only be accepted if made in writing, and then shall be subject to the provisions of OAR 603-001-0140(2):

(a) If the department is required to search for or to collect the requested public records from department field facilities or from other offices separate from the department's principal office;

(b) If the department is required to search for, collect, examine, or sort voluminous and separate records or documents in order to comply with such request; or

(c) If the department is required to consult with another public body or agency having any interest in the propriety of such request.

(3) The provisions of OAR 603-001-0145 apply to this type of request.

Stat. Auth.: ORS 183 & 561
Stats. Implemented: ORS 192.420
Hist.: AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0140

Procedures for Obtaining Copies of Public Records

(1) Requests for certified or other types of copies of public records shall be made, via FAX, via e-mail, or in writing and shall include a reasonably specific description of the particular record copy requested, i.e., the type of document, the subject matter, the approximate document date, and the name of the firm or person identified in the document (if pertinent).

(2) Subject to the provisions of OAR 603-001-0150, requested copies of public records shall be submitted to the requester within 20 days of the receipt of the request, unless any of the conditions set forth in OAR 603-001-0135(2) would result in a requirement for additional time. If such additional time is required, the department shall notify the requester of such fact within the 20-day period stated above.

(3) The provisions of OAR 603-001-0145 apply to this type of request.

Stat. Auth.: ORS 183 & 561
Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260
Hist.: AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0145

Fees for Public Record Disclosures

(1) As provided by ORS 192.440(2), the following fees are established for public record disclosures:

(a) Reimbursement of department staff time: an hourly rate of $30.00 will be assessed for any staff time greater than 15 minutes spent locating records, reviewing records to delete exempt material, supervising the inspection of records, copying records, certifying records, and mailing records. The department may charge for the cost of searching for records regardless of whether the department was able to locate the requested record(s).

(b) Copies: Per page (all duplication processes) -- $.15;

(c) Certification: Per certificate -- $2.50;

(d) Electronic records searches are $50.00 per hour;

(e) Express mailing is actual or minimum cost of $9.00;

(f) Photo color reprints are $0.50 per photo;

(g) Blue prints are at actual cost;

(h) Archive retrieval is actual cost with a minimum of $10.00;

(i) Audio tapes (90 min) are $5.00.

(2) If the request appears to require departmental 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 department and, if $25 or more, the requester shall be notified of such prior to the department complying with the request.

(3) A requester shall pay the applicable fees to the department prior to or at the time the department complies with the request. No refund of fees shall be made. If the department notifies a requester of determined or estimated fees in excess of $25, as provided in section (2) of this rule, the requester shall, pay a deposit of such determined or estimated fee prior to the department complying with the request.

(4) All or a portion of fees may be waived as provided in OAR 603-001-160 and 165.

Stat. Auth.: ORS 183, 561, 192 & 603
Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260
Hist.: AD 1114(35-76), f. & ef. 12-20-76; AD 9-1984, f. & ef. 7-6-84; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0150

Noncompliance with Requests

(1) If a request received by the department has been erroneously submitted, in that the department has no public records relating to the request, the request shall be returned to the requester with any information concerning the appropriate agency to be contacted.;

(2) If the department determines that all or any part of a public record should not be inspected or copied pursuant to a request, the department shall, within ten days of the receipt of such request, notify the requester of such fact, the public records or parts thereof that will not be disclosed, the reasons therefore, and the right of the requester to petition the Attorney General for review.

(3) In determining whether all or any part of a public record should not be inspected or copied pursuant to a request therefore, the department shall consider:

(a) Public record exemptions specified in ORS 192.500;

(b) Public record exemptions specified in applicable federal laws or regulations;

(c) Public record exemptions specified in other applicable Oregon law;

(d) Whether the requested public record is of a class of records that, by its very nature, either requires nondisclosure or disclosure considering confidentiality and feasibility factors; and

(e) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record.

Stat. Auth.: ORS 183 & 561
Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260
Hist.: AD 1114(35-76), f. & ef. 12-20-76; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0155

Organizational Structure

In order to comply with the provisions of ORS 183.330(1) requiring each agency to publish a description of its organization, a chart of the department's organizational structure is set forth as Appendix 1.

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

Stat. Auth.: ORS 183, 561, 192 & 603
Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260
Hist.: AD 1114(35-76), f. & ef. 12-20-76; AD 9-1984, f. & ef. 7-6-84; DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

Parking Policy
603-001-0160

Fee Waivers and Reductions

(1) Ordinarily there will be no charge for one copy of a public record:

(a) When the material requested is currently being distributed or has been distributed as part of the public participation process such as a news release or public notice;

(b) When the requested material has been distributed through mass mailing and is readily available from the department at the time of request;

(c) When a records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, the department may still charge for record review and copying based on the following factors:

(A) Any financial hardship to the department;

(B) The extent of time, expense, and interference with the department's regular business;

(C) The volume of the records requested; or

(D) The necessity to segregate exempt from non-exempt materials.

(2) Public Interest Annual Fee Waivers:

(a) An approved annual fee waiver allows the requester to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one-year period.

(b) A person, including members of the news media and non-profit organizations, may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by the department. The form must identify the person's specific ability to disseminate information of any kind maintained by the department to the general public and that such information is generally in the interest of and in the benefit to the public within the meaning of the Public Records Law. Additional information may be requested by the department before granting any fee waiver.

(c) Even if a person has a fee waiver, the department may charge for record review and copying based on the following factors:

(A) Any financial hardship on the department;

(B) The extent of time, expense, and interference with the department's regular business;

(C) The volume of the records requested;

(D) The necessity to segregate exempt from non-exempt materials; and

(E) The extent to which the record request does not further the public interest or the particular needs of the requester.

(3) Case-by-case waivers or reductions: A person who does not request, or who is not approved for an annual waiver, may request a waiver or reduction of record review and reproduction costs on a case-by-case basis.

Stat. Auth: ORS 192.410 - 505 & 468.020
Stats. Implemented: ORS 192.440
Hist: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0165

Parking at Department Owned Facilities

(1) This administrative rule describes the Department's policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 276 .595.

(2) "Department" means State of Oregon, Department of Agriculture.

(3) The following procedures shall apply:

(a) The Department, under authority granted by ORS 276 .595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities in noncongested areas owned or controlled by the Department;

(b) This policy will apply to all Department employees, Department visitors, members of boards, commissions or committees or any governmental entities.

Stat. Auth.: ORS 276.595
Stats. Implemented: ORS 276.595
Hist.: AD 20-1991, f. & cert. ef. 12-23-91

603-001-0170

Public Interest Test

In determining whether sufficient public interest for a fee waiver is demonstrated, the department will consider:

(1) The requester's identity, public interest affiliation, and contact information;

(2) The purpose for which the requester intends to use the information;

(3) The character of the information;

(4) Whether the requested information is already in the public domain;

(5) Whether the requester can demonstrate the ability to disseminate the information to the public;

(6) The requester's inability to pay, but this fact alone is not a sufficient basis for a fee waiver;

(7) If the requester seeks technical information, a showing that the requester is able to understand that information and disseminate it to the public in a meaningful form;

(8) Any other additional information provided by the requester that would be helpful for the department in evaluating the request for a fee waiver or fee reduction. Appendix 1

[ED NOTE: Appendices referenced are available from the agency]

Stat. Auth: ORS 183, 561, 192 & 603
Stats. Implemented: ORS 192.440, 192.450, 561.040 & 561.260
Hist: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

603-001-0175

Procedure for Assessing Penalties for Delinquent License Renewals

(1) As used in this rule a license fee means a fee for a license, certificate of sanitation, permit or registration that is established for a fixed term and is subject to renewal.

(2) As provided in ORS 561.300 the department shall collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th day after the license expiration date. The license fees required by the following laws under the jurisdiction of the department are subject to a delinquent renewal penalty:

(a) Section 3, Chapter 584, Oregon Laws 1991 (preceding ORS 561.005) (veterinary medicine registrations);

(b) ORS 468B.215, 561.175 (confined animal feeding operations);

(c) ORS 571.055, 571.057, 571.075 (growers and dealers of nursery stock);

(d) ORS 571.525 - 571.535 (Christmas tree growers);

(e) ORS 585.020, 585.040 - 585.050 (produce dealers, peddlers and cash buyers);

(f) ORS 586.270, 586.280 (grain warehouses);

(g) ORS 599.215 - 599.245 (livestock auction markets);

(h) ORS 600.020, 600.030 (feeding garbage to swine);

(i) ORS 601.030, 601.040, 601.080, 601.100 (transporting, rendering and disposing of dead animals);

(j) ORS 603.025 (meat sellers and slaughterers);

(k) ORS 604.620 (livestock feed lots);

(l) ORS 616.706 (food retailers and processors, food warehouses);

(m) ORS 618.121, 618.136 - 618.146 (scales and metering devices);

(n) ORS 619.031 (animal food processors);

(o) ORS 621.070, 621.072, 621.161, 621.166, 621.266, (dairy producers, distributors, samplers, graders, haulers and pasteurizers, and dairy products plants);

(p) ORS 621.335 (manufacturers of frozen desserts);

(q) ORS 622.020, 622.080, 622.220, 622.290 (shellfish growers, harvesters, distributors and shucker-packers, oyster plat fees);

(r) ORS 625.020, 625.050, 625.080, 625.110, 625.180 (bakeries and bakery distributors);

(s) ORS 628.220 - 628.240 (refrigerated locker plants);

(t) ORS 632.715 - 632.730 (commercial egg breakers and handlers);

(u) ORS 633.700 (seed dealers);

(v) ORS 635.027, 635.030 (manufacturers of nonalcoholic beverages).

(3) The department shall collect a delinquent renewal penalty for each license listed in section (2) of this rule according to the following schedule:

(a) For each license fee of $100 or less, $30 or the amount of each fee, whichever amount is less; and

(b) For each license fee greater than $100, 30 percent of the amount of each fee or $750, whichever amount is less.

(4) The department will send a notice to all licensees who fail to renew their license by the 30th day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th day after the license expires.

(5) The department will send a notice to all licensees who have failed to renew their license by the 60th day after the license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed.

(6) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th day was caused entirely or in part by a department error or omission; or

(b) The licensee notifies the department in writing prior to the 60th day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty.

(7) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.

Stat. Auth.: ORS 561.190 & ORS 561.300
Stats. Implemented: ORS 561.300
Hist.: AD 5-1994, f. & cert. ef. 4-28-94; AD 20-1994, f. & cert. ef. 12-20-94


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