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Oregon Bulletin

January 1, 2014

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Allows fallen heroes to be honored under the Roadside Memorial Sign Program

Adm. Order No.: HWD 5-2013

Filed with Sec. of State: 11-25-2013

Certified to be Effective: 11-25-13

Notice Publication Date: 10-1-2013

Rules Amended: 734-026-0010, 734-026-0020, 734-026-0030

Subject: HB 2708 and HB 3494 enacted by the 2013 legislature direct the Department to install signs for certain individuals killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States. The OARs were amended to allow for such signing.

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-026-0010

Purpose and Scope

The purpose of the Roadside Memorial Sign program is to provide an opportunity for citizens of the State of Oregon, through individuals or organizations identified as “Applicant” in division 26 rules, to commemorate police officers killed in the line of duty or those who were killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States with a sign installed along the State Highway System in accordance with Chapter 668, OL 2011, and to request a preferred location for such sign.

Stat. Auth.: ORS 184.616, 184.619, 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Stat. Implemented: 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Hist.: HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12; HWD 5-2013, f. & cert. ef. 11-25-13

734-026-0020

Definitions

As used in division 26 rules, the following definitions shall apply:

(1) “Applicant” means the individual or organization seeking to commemorate a police officer killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States, and named in and signing the application.

(2) “Department” means the Oregon Department of Transportation.

(3) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005.

(4) “Region Traffic Engineer” means a professional engineer employed by the Department who by training and experience has comprehensive knowledge of the Department’s traffic engineering standards, policies, and procedures.

(5) “Roadside Memorial Sign” means a sign including the name of the police officer killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States and complying with the requirements of the MUTCD.

(6) “State Highway System” means the public way for vehicular travel that is under the jurisdiction of the Department. It also includes medians, highway shoulders, improvements appurtenant to the highway, such as support or tunnel structures, bicycle ways or sidewalks, and right of way used for the operation of the roadway.

(7) “State Traffic Engineer” means a professional engineer, or designated representative, employed by the Department in charge of the Department’s traffic engineering standards, policies, and procedures.

(8) “Armed Forces of the United States” has the meaning given that term in ORS 348.282.

Stat. Auth.: ORS 184.616, 184.619, 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Stat. Implemented: 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Hist.: HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12; HWD 5-2013, f. & cert. ef. 11-25-13

734-026-0030

General Requirements

(1) The Applicant shall submit a written request to the State Traffic Engineer containing the following information:

(a) Name, address, and telephone number of the Applicant;

(b) A brief description of the concurrent resolution adopted by the Legislative Assembly recognizing the police officer killed in the line of duty or the measure adopted by the Legislative Assembly recognizing the person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States;

(c) The preferred location on the State Highway System for a Roadside Memorial Sign to commemorate the police officer killed in the line of duty or person killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States; and

(d) Payment of the fee specified in OAR 734-026-0045.

(2) If the request meets the requirements of Chapter 668, OL 2011, or Ch. 381 or 391, OL 2013, and Division 26, the Applicant shall be granted placement of a single Roadside Memorial Sign on the State Highway System.

Stat. Auth.: ORS 184.616, 184.619, 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Stat. Implemented: 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Hist.: HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12; HWD 5-2013, f. & cert. ef. 11-25-13


Rule Caption: Utility Facility Permit Fees

Adm. Order No.: HWD 6-2013

Filed with Sec. of State: 11-25-2013

Certified to be Effective: 11-25-13

Notice Publication Date: 10-1-2013

Rules Repealed: 734-055-0017

Subject: In 2001 the Department of Justice issued a Letter of Counsel which concluded that utility permitting activities by the Department of Transportation (ODOT) were not an appropriate use of constitutionally dedicated Highway Trust Funds (Article IX of the Oregon Constitution). Funding for the permitting activities was not available from any other source. Oregon Laws 2001, Chapter 820, Section 2 provided specifically for the utility permit fees collected to be used for the utility permit program. Oregon Laws 2001, Chapter 664, Section 2 allowed ODOT to establish a schedule for permit fees, provided the cost to issue and administer the permit could not legally be paid from Highway Trust Funds. Those fees were established in 2002 by OAR 734-055-0017.

   In 2006 the Oregon Supreme Court affirmed the judgment of the Clackamas County Circuit Court that ODOT had no statutory authority to charge a utility permit fee because the cost to ODOT to issue and administer the permit to relocate utility facilities could legally be paid from Highway Trust Funds. In response to the court judgment, Oregon Laws 2001, Chapter 664, Section 2 was repealed by the 2006 Oregon Legislature. The Department discontinued assessing the utility facility permit fee at that time and the rule is now repealed in its entirety.

Rules Coordinator: Lauri Kunze—(503) 986-3171

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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