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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 10 PROCEDURES FOR ESTABLISHING, OPERATING DISCONTINUING, AND SUSPENDING LICENSE AGENCIES




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

DEPARTMENT OF FISH AND WILDLIFE

LICENSE AGENTS

DIVISION 10

PROCEDURES FOR ESTABLISHING, OPERATING DISCONTINUING, AND SUSPENDING LICENSE AGENCIES

[ED. NOTE: Administrative Order 3WC 2 repealed previous rules 630-010-0011 through 630-010-0151 filed as GC 150, GC 159, GC 168, GC 198, and GC 204.]

635-010-0004

Definitions

(1) "Commission" means the Oregon Fish and Wildlife Commission.

(2) "Department" means the Oregon Department of Fish and Wildlife.

(3) "Licensing Document" means any license, tag, validation, permit, raffle ticket, application or contribution sold by the Oregon Department of Fish and Wildlife.

(4) "License Agent" means any individual, partnership or corporation approved by the Department for the sale of its documents.

(5) "Mail Order Application" means a request for documents on the form provided in the big game, angling or bird regulations, or a hand written request for documents.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0006

Eligibility; Application Requirements

(1) Any person in retail sales within the State of Oregon may apply to become a license agent for the Department. Out-of-State license agents may only sell the Prepaid Daily Angling licenses.

(2) An applicant for appointment as a license agent must comply with the following requirements:

(a) An individual must be at least 18 years of age;

(b) Not be engaged exclusively in selling licensing documents;

(c) Not have been convicted of a violation of any wildlife related laws;

(3) Selection of agents will be dependent on available point of sale licensing equipment. Criteria used in selection of license agents from a list of applicants will include the following: the need for agents in a particular geographic area, business hours, convenient and accessible location for customers, and predicted sales volume.

(4) Each agent must sign an Agreement prepared by the Department setting forth the terms and conditions under which the agent will sell licensing documents.

(5) The Department may terminate or suspend the Agreement with a license agent on the following grounds:

(a) The agent has three non-sufficient electronic fund transfers during any 12-month period;

(b) The agent fails to make good any non-sufficient electronic funds transfer issued to the Department within five days of the notice of failure to transfer;

(c) The agent fails to follow any procedures specified by the Department for issuing documents;

(d) The agent fails to comply with the terms of the agent agreement or fails to maintain the eligibility requirements.

(e) The Department discovers any fraud or deception in the application of the license agent.

(6) The Department will provide 14 days written notice to the agent of its intent to terminate or suspend the Agreement, unless the Department determines that the agent's conduct creates an emergency or a public risk. In that case, the Department may terminate the Agreement immediately consistent with the Administrative Procedures Act.

Stat. Auth.: ORS 496, ORS 497 & ORS 498
Stats. Implemented: ORS 496, ORS 497 & ORS 498
Hist.: FWC 32-1982, f. 5-24-82, ef. 6-1-82; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 122-1992, f. & cert. ef. 11-23-92; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02

635-010-0007

Computerized Licensing System Agents

(1) All agents must use the Department's computerized licensing system for issuing documents, except for issuing Prepaid Daily Angling Licenses.

(2) All Agents must issue documents according to the "Point-of Sale License Agent User Manual" provided by the Department.

(3) Agents may retain a fee of 75 cents for regular licensing documents and $2.50 for a sportsman's license. Agents may not charge or accept any additional service or processing fees. Agents must deposit in the bank account identified in the Agreement all other monies collected from the sale of licensing documents.

(4) For the purposes of this rule, the Department may determine Agents having more than one location and owned by a single entity are one agent.

Stat. Auth.: ORS 497.022
Stats. Implemented: ORS 497.022
Hist.: FWC 12-1994, f. & cert. ef. 3-1-94; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 66-2002(Temp), f. & cert. ef. 6-28-02 thru 12-20-02

635-010-0010

Types of Documents Sold by Agent

The Department will determine what licensing documents each agent may sell on behalf of the Department.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0016; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0015

Issuing Documents

(1) An agent must receive proper identification as defined in section (4) of this rule from each individual before issuing an Oregon resident license. Juvenile, youth, nonresident or landowner licenses, tags, Sauvie Island Parking Permits, raffle tickets, validations, daily angling licenses, and controlled hunt applications do not require identification.

(2) A resident 18 years or older must sign the document in person at the agent's place of business, except as provided in section (3) of this rule.

(3) Licensing documents may be obtained by mail or FAX by forwarding to the Oregon Department of Fish and Wildlife, Licensing Section, 3406 Cherry Avenue NE, Salem, Oregon 97303, a legible copy of the mail order application form printed in the Oregon Big Game, Game Bird, and Sport Fishing Regulations or a copy of that form.

(a) Requests for mail-ordered documents must be postmarked on or before any deadlines established for issuing such documents;

(b) The Department may require additional information if necessary to complete the ordered documents;

(c) The Department will not issue any document until it receives the required fee by check, money order, or a valid debit or credit card authorization.

(4) A resident license requires proof of Oregon residency for the six months immediately preceding the date of application. Proof of residency may be established by an Oregon driver's license, Oregon non-driver's license identification card, or three pieces of other identification, one of which shows the applicant's name and current address and indicates six month's Oregon residency. Oregon resident mail order applicants must certify residency by signing the residency statement on the mail order application.

(5) Agents must supply all the information requested on the data screen. If the person applying for the licensing document fails to supply the necessary information, the agent may not issue the requested licensing document. All daily angling licenses must show the date they become valid.

(6) Agents must obtain social security numbers for any person who purchases a license. The Department will use this number to comply with collection of the social security numbers pursuant to the child support enforcement laws as required by Section 117, Chapter 746, Oregon Laws 1997. The Department will issue a system-generated number to persons who are not citizens of this country or who do not have a social security number. If the social security number provided by an applicant is in use by another individual, the agent will not issue the license until the applicant provides proof that the social security number is, in fact, the applicant's social security number. An official document such as a social security card, payroll document, or health insurance identification card with the social security number printed on it must be presented to the agent as proof. An individual's social security number is not subject to disclosure to members of the public under the Oregon Public Records Law.

(7) Any employee of the agent may issue documents, provided that the employee is instructed as to all applicable statutes and regulations. An agent is responsible for employee training and for any violation of applicable statutes and regulations committed by the employees.

Stat. Auth.: ORS 496, 497 & 498
Stats. Implemented: ORS 496, 497 & 498
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0021; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 122-1992, f. & cert. ef. 11-23-92; FWC 4-1994, f. & cert. ef. 1-25-94; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-010-0020

Duplicate Documents

(1) An agent may issue duplicate licenses.

(2) Duplicate big game tags, combined angling harvest tags, and turkey tags may be issued only at Department offices.

Stat. Auth.: ORS 496, 497 & 498
Stats. Implemented: ORS 496, 497 & 498
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-030-0031; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 4-1994, f. & cert. ef. 1-25-94; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 5-2005, f. 2-14-05, cert. ef. 4-1-05

635-010-0025

Refund or Exchange of Documents

Agents may not issue refunds on licensing documents or exchange one type of document for another.

Stat. Auth.: ORS 496, ORS 497 & ORS 498
Stats. Implemented: ORS 496, ORS 497 & ORS 498
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0034; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 4-1994, f. & cert. ef. 1-25-94; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0035

Receipts in Lieu of Documents

(1) Agents may not issue receipts in lieu of license or tags.

(2) Agents may not issue controlled hunt information receipts in lieu of controlled hunt applications.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0037; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0040

Issuing Combined Angling Harvest Tag to Youth

When a person under 14 years of age purchases a combined angling harvest tag, the agent must issue at no charge a youth license before issuing a combined angling harvest tag.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0041; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0045

Issuing Combined Angling Harvest Tag to Landowners

When a resident landowner purchases a combined angling harvest tag for the purpose of angling for salmon, steelhead, or sturgeon on the landowner's property, the agent must issue a landowner license at no charge before issuing the combined angling harvest tag. This requirement applies also to members of the landowner's immediate family, which is limited to the landowner's spouse, children and parents who reside on the landowner's property. If any of the individuals covered by this rule angle from any place other than the landowner's property, the individual must purchase an angling license.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0043; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0050

Licensing Provisions Applicable to Members of the Armed Forces

Members of the Armed Forces of the United States, as defined in ORS 174.103, may purchase resident documents by presenting to the agent military identification showing the person is a member of the Armed Forces stationed in Oregon. Spouses and dependent children, as defined in ORS 174.103, are residents for licensing purposes.

Stat. Auth.: ORS 496, ORS 497 & ORS 498
Stats. Implemented: ORS 496, ORS 497 & ORS 498
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0046; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 122-1992, f. & cert. ef. 11-23-92; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02

635-010-0056

Licensing Provisions Applicable to Foreign Exchange Students

A foreign exchange student (defined as persons classified "J-1" by the U.S. Immigration Service) attending a school in Oregon shall be considered a resident for the purpose of purchasing licenses, tags and stamps if a copy of the U.S. Immigration document or other government document showing "J-1" classification is provided to the agent. The agent must submit a copy of this document to the Department.

Stat. Auth.: ORS 496, ORS 497 & ORS 498
Stats. Implemented: ORS 496, ORS 497 & ORS 498
Hist.: FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; FWC 122-1992, f. & cert. ef. 11-23-92; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02

635-010-0058

Licensing Provisions Applicable to Residents Moving to Another State

An Oregon resident who moves and becomes a resident of another state before the end of any season for which the person purchased a document while still an Oregon resident may complete the season as a resident. If the person purchases documents after moving but during the same calendar year, nonresident fees apply.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0060

Agent Account Number

The agent's account number must be included in all correspondence and requests for supplies.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0071; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0070

Change in Ownership of Agency; Non-Transferability of Agency

An agent must notify the Department in writing before any change in ownership, use of assumed business name, or dissolution of partnership or corporation as shown in the Agreement. A license agency is not transferable and may not be used as a condition of sale.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0073; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0080

Public Monies

All monies collected by an agent are public monies of the State of Oregon, and the state has prior claim upon these monies over all creditors, assignees, or other claimants.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0075; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0085

Cancelled Documents

(1) If an agent makes an error when issuing a document, no person may correct, alter or erase the information contained in the document, except for prepaid daily angler licenses. The agent must submit the original document and Cancel Receipt to the Department. For prepaid daily angler licenses, the issuing agent shall line out the error, make the necessary correction, initial and include his agent number. The agent shall also note the correction on the agent's stub. Corrections to the prepaid daily angling license shall be made in a manner that permits the Department to see the original error after the correction is made.

(2) For prepaid angling licenses, the issuing agent must line out the error, make the necessary correction, initial it, and write the agent's number. The agent also must note the correction on the agent's stub. Corrections must be made so the Department can see both the error and the correction. The agent must mark a Prepaid Angling License "void" and leave it attached to the agent's stub to receive credit for the license.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0076; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0090

Loss of Documents and Fees

An agent is responsible for lost Prepaid Daily Angling License documents. No refunds will be issued to the agent. The agent must immediately notify the Department and the local State Police office of any loss.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0079; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0095

Inspection

Prepaid Daily Angling License records shall be available for inspection and audit at all times by the State Police or by an authorized employee or agent of the Commission.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0080; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0125

Supplies

An agent is responsible for anticipating requirements for supplies and ordering them, either by mail or by phone, early enough to allow the Department to process the order and ship it by the most cost effective means.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0086; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0140

Transfer and Sale of Documents Issued to Prepaid Daily Angling License Agents

Documents are issued to an agent for sale at the place of business listed in the original application. An agent may not transfer documents to another location, nor to another license agent without advance written permission from the Department.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-010-0089; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0150

Resident Senior Citizen Licenses

Resident senior citizen licenses issued before January 1, 2000, pursuant to ORS 497.102(f) and 497.121(h) are valid for as long as the licensee is a resident of Oregon.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 49, f. & ef. 2-25-76, Renumbered from 630-010-0100; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0155

Resident Pioneer Licenses

(1) Resident permanent pioneer licenses issued before January 1, 2000, on or after the applicant's 65th birthday are valid for as long as the licensee is a resident of Oregon. There shall be no refunds granted as a result of any action of the licensee subsequent to issuance of a multiple year license under the provisions of this rule.

(2) A resident pioneer license applicant will be issued a free Combination hunting/angling license pursuant to ORS 497.102 and 497.121.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 47, f. & ef. 2-25-76, Renumbered from 630-010-0110; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00

635-010-0157

Free Resident Licenses for Disabled Veterans

(1) Pursuant to ORS 497.102 and 497.121, a disabled war veteran is entitled to a free hunting and angling license if the veteran meets the following requirements. The license remains valid so long as the licensee remains an Oregon resident.

(a) The veteran has been an Oregon resident for at least six months; and

(b) The veteran provides to the Department written certification from the U.S. Veteran's Administration or any branch of the U.S. Armed Forces that the veteran is at least 25 percent disabled.

(2) Any valid permanent angling license issued before January 1, 2000, to a person permanently confined to a wheelchair is valid for as long as the licensee is a resident of Oregon.

Stat. Auth.: ORS 496, ORS 497 & Ch. 25, OL 1999
Stats. Implemented: ORS 496 & ORS 497, Ch. 25, OL 1999
Hist.: FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02

635-010-0158

Persons with Permanent Disabilities Permit

A person who meets the requirements contained in ORS 496.018 is entitled to a Permanent Disabilities Permit. In order to receive such a permit, a person must provide either

(1) Written certification from a licensed physician stating that the person:

(a) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker;

(b) Is restricted by lung disease to the extent that the person's forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest;

(c) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association;

(d) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fish rod in hand;

(e) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees; or

(2) Official written certification from the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States that the veteran is at least 65 percent disabled.

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02

635-010-0165

Document Expiration Dates

Unless otherwise specified, all documents issued by the Commission or Department expire on December 31 of the year they were issued, except:

(1) All annual furtaker licenses expire on June 30 following issuance.

(2) All furtaker record cards expire on June 30 following issuance.

(3) All big game and turkey tags expire at the completion of the yearly season as it is listed in the yearly Big Game and Game Bird Regulations.

(4) All waterfowl and upland game bird validations expire on June 30 following issuance.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS 497
Hist.: FWC 1-1982, f. & ef. 1-6-82; FWC 124-1990, f. 11-28-90, cert. ef. 1-1-91; DFW 99-1999(Temp), f.12-22-99, cert. ef. 1-1-00 thru 6-27-00; DFW 33-2000, f. & cert. ef. 6-19-00; DFW 30-2002, f. & cert. ef. 4-11-02


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