Loading

Oregon Bulletin

September 1, 2011

 

Parks and Recreation Department
Chapter 736

Rule Caption: Implements new ADA regulations, allows pets in designated facilities and requires campsites be occupied.

Adm. Order No.: PRD 4-2011

Filed with Sec. of State: 8-1-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 5-1-2011

Rules Amended: 736-010-0015, 736-010-0025, 736-010-0026, 736-010-0030, 736-010-0050

Rules Repealed: 736-010-0015(T), 736-010-0025(T), 736-010-0026(T), 736-010-0030(T)

Subject: New federal regulations implementing the Americans with Disabilities Act of 1990 (42 U.S.C. 12181) (ADA) expand the types of mobility devices that may be used for access. This broadening of the range of devices that may now be used requires changes to OAR 736, division 10, to allow such devices for the purposes of ADA access. The new ADA regulations also define “Service Animal” which is being incorporated into division 10 rules, and require that miniature horses be allowed in specific facilities subject to certain considerations.

      Rules prohibiting pets in yurts and cabins are being amended to allow pets in those facilities that have been designated as pet friendly.

      The rule on campsite occupancy is being amended to clarify that a site must be occupied the first night after any belongings are left in the site and must remain occupied each night during the entire length of stay.

      A typo has also been corrected where the word chapter was incorrectly capitalized.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-010-0015

Definitions

As used in this division, unless the context requires otherwise:

(1) “District Manager” means the immediate supervisor of park managers within a specified geographic region of the state.

(2) “Commission” means the Oregon State Parks and Recreation Commission.

(3) “Department” means the Oregon State Parks and Recreation Department.

(4) “Director” means the department director.

(5) “Enforcement Officer” means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations and to issue oral or written warnings or citations to enforce park area rules.

(6) “Other power-driven mobility device” means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning defined in section (15) below.

(7) “Park Area” means any state park, wayside, corridor, monument, historic structure, trail, or recreation area, including the ocean shore adjacent to any park area boundary, under the jurisdiction of the department.

(8) “Park Employee” means an employee of the department.

(9) “Park Manager” means the supervisor or designated employee in charge of a park area.

(10) “Park Resources” means any natural, cultural, or human-made structure or feature of a park area.

(11) “Peace Officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.

(12) “Person” includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity.

(13) “Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(14) “Violate” includes failure to comply.

(15) “Wheelchair” means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.050, 390.111 & 390.124

Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru 1-27-12; PRD 4-2011, f. & cert. ef. 8-1-11

736-010-0025

Motor Vehicles

(1) All park area roadways are considered public roadways and all provisions of motor vehicle laws of the State of Oregon are applicable and enforceable. Motorists must comply with motor vehicle regulatory signs posted in park areas.

(2) Motor vehicles shall be operated only on roads and in parking areas constructed or designated for motor vehicle use.

(3) Where not otherwise posted, motor vehicles may not be operated within a park area at speeds in excess of 25 miles per hour.

(4) Automobiles, trailers, or other vehicles shall be parked only in designated parking areas.

(5) The department may have a vehicle towed at the owner’s expense if a vehicle is parked in a fire lane, roadway, campsite, entry way, driveway or other location in a manner that impedes park operations, safety, or both.

(6) Abandoned vehicles exceeding 72 hours or vehicles owned by a person who has been excluded from the park or who is in violation of criminal trespass may be towed at the owner’s expense.

(7) All motor vehicles and trailers parking overnight in day use areas must obtain a permit. Motor vehicles and trailers without a permit are subject to towing at the owner’s expense.

(8) Unlicensed motorized vehicles, except park area service vehicles, may not be operated in park areas unless otherwise posted, with the exception of the operation of motor assisted scooters by disabled persons on bicycle lanes or paths.

(9) A person may operate an Off-Highway Vehicle (OHV) only in designated off-highway riding areas or on park roadways which are signed for OHV use.

(10) A person may operate an OHV in park areas only during those seasons and hours of operation which are established by the park manager.

(11) A person shall operate an OHV below the maximum permissible decibel level.

(12) A person may not operate a motor assisted scooter in a park area, including on a bicycle lane or bicycle path.

(13) The park manager or his or her designee will allow the use of other power-driven mobility devices by individuals with mobility disabilities, in areas open to the public unless it is determined that the device cannot be operated in accordance with legitimate safety concerns for the operator, park visitors and park facilities. In determining if the device can be operated in a safe manner the manager or designee will consider the following criteria:

(a) The type, size, weight, dimensions, and speed of the device;

(b) The facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);

(c) The facility’s design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);

(d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility or area; and

(e) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with applicable state laws and regulations.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.330, 819.110, 819.120, 811 et seq., 814.500, 814.516, 814.550 & 814.554

Hist.: 1 OTC 17, 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56(Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 1-1994, f. & cert. ef. 2-9-94; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011, f. & cert. ef. 8-1-11

736-010-0026

Non-Motorized Vehicles, Cycles or Similar Devices

(1) A person operating a bicycle, skateboard, scooter, roller- or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land must comply with the following:

(a) Motor vehicle and bicycle regulatory signs posted in park areas,

(b) Persons under 16 years of age are required to wear protective headgear,

(A) In the event that a person under 11 years of age violates this subsection, the notice of violation shall be issued to the person’s parent, legal guardian or person with legal responsibility.

(B) In the event that a person between 11 and 16 years of age violates this subsection, the notice of violation may be issued to the violator or that person’s parent, legal guardian or person with legal responsibility.

(c) Restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other park users. This includes:

(A) Yielding the right-of-way to pedestrians and animals;

(B) Dismounting and walking in congested areas and posted walk zones;

(C) Slowing down and making presence well know in advance and using caution when overtaking other persons or animals;

(D) Displaying adequate lighting during the hours of darkness, in compliance with ORS chapters 814 to 816;

(E) Using caution when approaching turns or areas of limited sight distance;

(F) Not disturbing or harassing wildlife as provided in OAR 736-010-0055; and

(G) Operating in compliance with any additional requirements identified in ORS 814.488 when on public roads accessible by motor vehicles.

(2) A person may operate non-motorized cycles or similar devices on roads and trails in any park area, except where posted to specifically prohibit or conditionally restrict such activity.

(3) The director or designee may open or close roads and trails to the operation of non-motorized cycles or similar devices, based on an evaluation of factors related to the use of these devices including, but not limited to, the degree of conflict with other users, public safety, or damage to park resources.

(4) A person may not operate non-motorized cycles, scooters, or similar devices in any park area listed below, except where authorized by the director and posted specifically or conditionally to allow such activities:

(a) Off roads or off trails;

(b) Within designated natural areas, natural forest areas, or natural area preserves except on roads open for motor vehicles; and

(c) On docks, piers, floats and connecting ramps.

(5) Individuals with mobility disabilities can use wheelchairs and manually-powered mobility aids, designed for use by individuals with mobility disabilities, to access any areas open to pedestrian use.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 814.400 - 814.489 & 814.600

Hist.: PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011, f. & cert. ef. 8-1-11

736-010-0030

Domestic Animals

(1) Domestic animals means those animals whose food and shelter are provided by a human custodian. Handler means any person who either brings a domestic animal into a park area or keeps a domestic animal in a park area.

(2) A handler shall either confine the domestic animal or keep it on a leash not more than six feet long. The animal shall be under physical control at all times.

(3) A handler is responsible for the animal’s behavior and containment and for the removal of the animal’s waste while in the park area.

(4) With the exception of service animals and miniature horses as described in section (9) below, domestic animals are prohibited in the following locations:

(a) Park area buildings and structures, except for up to two dogs and two cats in yurts and cabins that have been designated as pet friendly by the park manager;

(b) Bodies of water, except hunting dogs are allowed in those areas described in OAR 736-010-0055;

(c) Beaches adjacent to designated for swimming areas; and

(d) Other areas where posted.

(5) The park manager or an enforcement officer may take any measure deemed necessary (including the removal of the animal from the park area) to protect park resources or to prevent interference by the animal with the safety, comfort, or well being of any person in the park area.

(6) Park employees may seize any domestic animal running at large in a park area and release to an animal pound or animal control officer.

(7) The park manager may designate a portion of a park area as open to dogs off leash for the purposes of training dogs, open field trials, or exercising dogs, when the handler is in control of the dog.

(8) With the exception of miniature horses as described in section (9) below, a person may not ride, drive, lead, or keep a horse or other large animal in any park area, except on such roads, trails, or areas designated for that purpose. A handler may not hitch or confine a horse or other large animal in a manner that may cause damage to any tree, shrub, improvement or structure.

(9) The park manager or his or her designee will allow the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and if, in the park manager or designee’s assessment, the miniature horse can reasonably be allowed in a specific facility based on consideration of the following:

(a) The type, size and weight of the miniature horse and whether the facility can accommodate these features;

(b) Whether the handler has sufficient control of the miniature horse;

(c) Whether the miniature horse is housebroken; and

(d) Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

Stat. Auth ORS 390.124

Stats. Implemented: ORS 390.111

Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC 22-1979 (Temp), f. & ef. 9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; Renumbered from 736-015-0050, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011, f. & cert. ef. 8-1-11

736-010-0050

Overnight Use

(1) Overnight use is not permitted on the ocean shore abutting park areas, or in any park area not designated for camping.

(2) A person must comply with seasons, overnight length of stay, and camper checkout times.

(3) Overnight facilities shall be occupied by paid customers or permitted visitors only.

(4) Owners of vehicles in a campground later than 10:00 PM are subject to overnight use fees.

(5) A park employee may authorize more than one vehicle to occupy an individual campsite. Individual campsites shall be occupied by no more than one recreational vehicle at the same time, unless authorized by a park employee.

(6) A maximum of eight individuals may occupy one campsite unless otherwise specified by the park manager.

(7) Quiet hours are 10:00 P.M. to 7:00 A.M.

(8) Non-reserved campsites must be occupied the first night after any belongings are left in the site and must remain occupied each night during the entire length of stay. If a person has failed to pay camping rental rates for two consecutive days or has exceeded the length of stay time limit the department may have all possessions removed from the campsite at the owner’s expense. The department will not be responsible for any loss or damage to possessions.

(9) Campers must be 18 years of age or older to reserve and register for campsites, cabins, yurts, and other overnight facilities in parks areas.

(10) The registered camper will be responsible for the activities of all users of the site.

(11) The park manager may require that all food, garbage and equipment used to cook or store food, when not attended, be placed in a vehicle or hard sided camping unit.

Stat. Auth: ORS 390.124

Stats. Implemented: ORS 390.111

Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 3-1984, f. & ef. 3-5-84; PR 1-1990, f. & cert. ef. 5-14-90; PR 1-1992, f. & cert. ef. 2-14-92; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 2-1995, f. & cert. ef. 1-23-95; PR 3-1996, f. & cert. ef. 5-13-96; PRD 4-2001, f. 2-28-01, cert. ef. 3-1-01; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 4-2011, f. & cert. ef. 8-1-11

 

Rule Caption: Defines Foster and Veterans waiver eligibility;
reservation cancellation; no show; reservation process for ADA facilities.

Adm. Order No.: PRD 5-2011

Filed with Sec. of State: 8-1-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 5-1-2011

Rules Amended: 736-015-0006, 736-015-0015, 736-015-0035

Subject: Division 15 rules are being amended to: establish the requirements for proof of eligibility for Veterans and Foster Family fee waiver programs; clearly define what a reservation cancellation entails; establish procedures for releasing a reservation when the camper does not claim it on the first night; clarify that extra vehicles are included in the fee waiver on State Parks Day; and bring the reservation process for accessible facilities in compliance with new federal ADA regulations. The following typos have been corrected:
definitions section [501c(3)] and a capitalization error in 736-015-0015(2)(j) [chapter].

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-015-0006

Definitions

As used in this division, unless the context requires otherwise:

(1) “Adoptive Foster Families” means one or more persons who have adopted one or more foster children pursuant to ORS 418.285. At least one of the children must currently be under 18 years of age and living with the Adoptive Foster Family.

(2) “Commission” means the Oregon State Parks and Recreation Commission.

(3) “Department” means the Oregon State Parks and Recreation Department.

(4) “Director” means the director of the department.

(5) “Enforcement Officer” means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations, and to issue oral or written warnings or citations to enforce park area rules.

(6) “Foster Families” means persons certified to maintain a Foster Home, a Relative Home for Children or a Foster Home for Children with Developmental Disabilities, as described in ORS 418.625 and 443.830, with their foster children.

(7) “In Kind Services” means a group or person who provides, at the direction of park staff, materials or services whose value to the park area equals or is greater than the normal fees.

(8) “Marketing and Promotion” generally are agency-sponsored events that are of regional or statewide significance promoting tourism or partnerships with local communities, other agencies or economic development.

(9) “Motor Vehicle” as defined in ORS 801.360 means a vehicle that is self-propelled or designed for self-propulsion. ORS 801.590 further defines “vehicle” as “any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means.”

(10) “Non-Profit Entity” means a group having a 501c(3) exempt status filed with the US Department of Internal Revenue Service.

(11) “Park Area” means any state park, wayside, corridor, monument, historic, or recreation area, except portions of ocean shore recreation areas not abutting a state park or wayside, under the jurisdiction of the department.

(12) “Park Employee” means an employee of the department.

(13) “Park Facility” includes but is not limited to individual and group campsites, day use areas and shelters, cabins, yurts, tepees, camper wagons, meeting halls, lodges, pavilions, and other amenities of the department.

(14) “Park Manager” means the supervisor or designated park employee in charge of a park area.

(15) “Peace Officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.

(16) “Person” includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(17) “Reduced Service Level” means a reduction in the normal level of service that a person may reasonably expect due to the department’s action/inaction or park facility failure lasting longer than 24 hours.

(18) “Reservation Cancellation” means the person requests an existing reservation be ended without the creation of a new reservation.

(19) “Reservation Change” means a modification to an existing reservation by a person that changes the arrival or departure dates, a complete change to reservation dates, or changes the type of site from the original request.

(20) “Special Events” may be an activity sponsored or co-sponsored by the department, an event that provides entertainment to park visitors, or other activities that promote the mission of the department or Oregon tourism.

(21) “Split Reservation” means a stay at a park area for one person for one continuous date range that requires a mid-stay move from one site to another.

(22) “Traditional Tribal Activities” generally means traditional, spiritual, natural and cultural resource practices that would have been or which still are conducted by a federally recognized tribe or its members.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.050, 390.111, 390.121 & 390.124

Hist.: PRD 4-2005, f. & cert. ef. 5-5-05; PRD 15-2009, f. & cert. ef. 9-29-09; PRD 5-2010, f. & cert. ef. 3-24-10; PRD 5-2011, f. & cert. ef. 8-1-11

736-015-0015

Reservations

(1) Purpose: Based on the department’s goal to promote outdoor recreation in Oregon, the department established a reservation program known as Reservations Northwest to increase use of park areas and facilities. The director may designate specific park facilities to offer for reservation through a centralized call center and through the Internet.

(2) General Regulations:

(a) Reservations will be accepted and processed for designated park facilities through Reservations Northwest.

(b) A person may make a reservation a minimum of two days and a maximum of nine months prior to the arrival date.

(c) A person must be 18 years of age or older to make a reservation.

(d) A person who qualifies under the Americans with Disabilities Act (ADA) may reserve accessible campsites.

(e) A person may not make reservations for multiple park areas for the same date range.

(f) A person reserving a boat slip (where available) must also reserve another facility at the same park area.

(g) Reservations and registrations for horse camping sites shall be made only for people camping with their horses or similar large animals unless otherwise specified by the park manager.

(h) Split reservations are allowed to accommodate persons. Only one split reservation shall be allowed per reservation.

(i) Only the person whose name appears on the original reservation or their designee (as documented in the original reservation) may change or cancel an existing reservation or access information associated with a reservation.

(j) Customer information may be made available upon written request in compliance with ORS chapter 192 and department policy.

(k) Specific information regarding a confirmed reservation will not be released to the public as provided in ORS 192.501 and 192.502.

(3) Transaction Fees and Deposits:

(a) The department will charge a $8 non-refundable transaction fee for each reservation made through the centralized call center or the Internet.

(b) Reservations require a facility deposit equal to the full amount charged for use of the facility during the reservation period.

(c) All fees are due at the time the person makes the reservation.

(4) Payment Methods:

(a) A person may use a valid credit card (VISA or MasterCard) or bank debit card with a VISA or MasterCard logo.

(b) A person may pay by personal check, money order, certified check, or travelers check (in U.S. funds).

(c) The department must receive payment within five calendar days of the date the person makes the reservation. If payment is not received within this time frame, the department will cancel the reservation. The person remains responsible for the $8 transaction fee for each reservation request.

(d) If a banking institution returns a check to the department for any reason or if a credit or debit card is declined, the department will attempt to contact the person. Inability to resolve the payment dispute will result in a reservation cancellation. The person will remain responsible for the $8 transaction fee for each reservation.

(e) Government agencies and non-profit entities may request to be invoiced for services. Reservations should be made at least 30 days prior to arrival. The department must receive payment within 25 days of the date the reservation is made. If payment is not received the department will cancel the reservation. The department will bill for the $8 transaction fee for each reservation.

(f) A person must pay all outstanding account balances prior to making future reservations.

(5) Reservation Cancellations:

(a) A person may cancel a reservation three calendar days or more prior to their arrival date by calling Reservations Northwest. An automated reservation cancellation voice mail system is available seven days a week, 24 hours a day.

(b) A person may also cancel a reservation three calendar days or more prior to their arrival date through E-mail by accessing the department’s web site and following the posted cancellation procedures. The web site is available seven days a week, 24 hours a day.

(c) A person must contact the specific park to cancel reservations with an arrival date that is two calendar days or less from the current date.

(d) The park area may only cancel reservations with an arrival date that is two days or less from the current date.

(e) In order to receive a refund of the facility deposit, a person must cancel the reservation for individual campsites, rustic cabins and yurts, tepees, camper wagons, and boat moorages three or more calendar days prior to arrival. If the cancellation is not received three or more days in advance of the arrival date, an amount of the facility deposit fee equal to one night rental for the facility will be forfeited.

(f) In order to receive a refund of the facility deposit for deluxe cabins and yurts, group camps, day use areas, meeting halls, horse camps, lodges, Silver Falls Youth Camp, Silver Falls Ranch House, Shore Acres Garden House, Pavilions, RV Group Areas and other special facilities as designated by the department, a person must cancel the reservation at least one month prior to arrival. If the cancellation is not received one month or more in advance of the arrival date, an amount of facility deposit fee equal to one night rental for the facility will be forfeited.

(6) Reservation Changes:

(a) The department will charge an $8 non-refundable transaction fee for each reservation change.

(b) A person may request to change a confirmed reservation by calling Reservations Northwest during normal business hours Monday through Friday.

(c) A person may also request to change a reservation through Email by accessing the department’s web site and following the posted reservation change procedures. The web site is available seven days a week, 24 hours a day.

(d) A person may not make any changes to reservations more than eight months in advance of the arrival date.

(e) The park area may only cancel reservations with an arrival date that is two days or less from the current date.

(f) The department will assess a fee equal to the nightly rental fees for all nights cancelled for any reservation change resulting in a reduction in length of stay for reservation bookings greater than five nights.

(g) A person must request a reservation change for campsites, rustic cabins and yurts, tepees, camper wagons, and boat moorages three or more days in advance of the arrival date. The department will treat reservation change requests with an arrival date of three days or less from the current date as a reservation cancellation and cancellation rules will apply. A person may request a new reservation once the existing reservation has been cancelled.

(h) A person requesting a reservation change for deluxe cabins and yurts, group camps, day use areas, meeting halls, horse camps, lodges, Silver Falls Youth Camp, Silver Falls Ranch House, Shore Acres Garden House, Pavilions, RV Group Areas, and other special facilities as designated by the department must request the change at least one month prior to arrival date. The department will treat reservation change requests with an arrival date of less than one month from the current date as a reservation cancellation and cancellation rules will apply. A person may request a new reservation once the existing reservation has been cancelled.

(7) Claiming Reservations

(a) Customers with confirmed reservations must arrive before 1:00 p.m. the day following the first scheduled day of their reservation.

(b) The reserved site must remain occupied each night during the entire length of stay.

(c) In emergency situations, customers may request Park Manager approval for late arrivals not to exceed 6:00 p.m. of the second day of the reservation. Site fees for the first night will be charged regardless of the arrival time.

(d) Customers who do not check in or notify park staff prior to 1:00 p.m. of the second day of the reservation will be considered a “no show” and the entire reservation will be cancelled. The first night fee and any transaction fees previously collected for the reservation will be retained. Any remaining nightly fees paid to confirm the reservation will be refunded.

(8) Reservations to Accommodate Organized Groups:

(a) General: To promote the use of facilities by groups and to bring efficiencies to the group reservation process, the director may offer group camping to persons reserving multiple tent, electrical or full hook-up campsites.

(b) The department will charge only one transaction fee for the group when the sites are reserved together. The department will require a facility deposit fee equal to the full amount of the site fee for each campsite at the time the reservation is made.

(c) A person must reserve a minimum of five individual campsites during Discovery Season (October 1 to April 30) or ten individual campsites during the Prime Season (May 1 to September 30) to qualify for group camping benefits.

(d) The department will charge a transaction fee of $8 for each site cancellation or change made to the group reservation.

(e) Reservations made on the Internet for a group of sites are not eligible.

(f) A person may reserve a meeting hall (where available) for one day’s free use when the minimum number of sites are reserved and used. The person may reserve the meeting hall for additional days at the normal rental rate.

(g) Special facilities such as deluxe cabins and yurts, rustic cabins and yurts, horse camps, lodges, Silver Falls Youth Camp, Silver Falls Ranch House, and other special facilities as designated by the department are not included in the group camping program.

(h) A person must make reservations at least 10 days prior to arrival date to qualify for group camping benefits.

(9) When only a portion of a specific type of facility in a park is designated as ADA compliant, the department will hold the facility designated as ADA compliant for use by individuals with disabilities until all other facilities of that type have been reserved and the accessible facility is the only remaining facility of that type available in the park.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124

Hist.: 1 OTC 56(Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC 22-1979(Temp), f. & ef. 9-9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 2-1994, f. & cert. ef. 2-9-94; PR 2-1995, f. & cert. ef. 1-23-95; PR 3-1996, f. & cert. ef. 5-13-96; PRD 10-2003, f. & cert. ef. 10-17-03; PRD 8-2004, f. & cert. ef. 6-3-04; Renumbered from 736-010-0099, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 7-2009, f. 6-2-09, cert. ef. 8-1-09; PRD 15-2009, f. & cert. ef. 9-29-09; PRD 5-2010, f. & cert. ef. 3-24-10; PRD 5-2011, f. & cert. ef. 8-1-11

736-015-0035

Fee Waivers and Refunds

(1) The director, at the direction of the commission, may waive, reduce or exempt fees established in this division under the following conditions:

(a) A person or group provides in-kind services or materials equal to or greater than the value of the applicable rate, as determined by criteria approved by the director;

(b) Marketing or promotional considerations, including but not limited to special events and commercial filming, that promote the use of park areas and Oregon tourism;

(c) Traditional tribal activities in accordance with policy adopted by the Commission;

(d) Reduced service levels at a park, campsite or other facility as determined by the Park Manager.

(2) Reservation Facility Deposit Fee Waivers for individual primitive, tent, electric, full hook-up or horse camp campsites only:

(a) The facility deposit fee is waived for all persons with reservations commencing on State Parks Day (first Saturday of June). All other fees apply.

(b) The facility deposit fee is waived for foster families and adoptive foster families as defined in OAR 736-015-0006. The fee waiver is limited to the first two campsites, and an adult care provider must be present with the foster children. All other fees apply.

(c) The facility deposit fee is waived for U. S. veterans with a service connected disability or active duty U. S. military personnel as provided in ORS 390.124. All other fees apply.

(d) The person making the reservation must pay the $8 non-refundable transaction fee at the time the reservation is made. This fee is not included in the fee waiver.

(e) Reservations made on the Internet are not eligible for fee waivers.

(3) Overnight Rental Fee Waivers for individual primitive, tent, electric, full hook-up or horse camp campsites only:

(a) The overnight rental fee, including any extra vehicle fees, is waived for all persons on the night of State Parks Day (first Saturday of June). All other fees apply.

(b) The overnight rental fee is waived for foster families as defined in OAR 736-015-0006. The fee waiver is limited to the first two campsites, and an adult care provider must be present. All other fees and rules apply.

(c) The overnight rental fee is waived for U. S. veterans with a service connected disability or active duty U. S. military personnel on leave as provided in ORS 390.124. The waiver of individual campsite fees shall be limited to no more than five consecutive days per stay and no more than ten days total in a calendar month. All other fees and rules apply.

(d) The director may waive the overnight rental fee for volunteer hosts traveling to an assignment at a park area.

(4) Day Use Parking Fee Waivers:

(a) The day use parking fee is waived for all persons on State Parks Day (first Saturday of June).

(b) The day use parking fee is waived for U. S. veterans with a service connected disability or active duty U. S. military personnel on leave as provided in ORS 390.124.

(c) The day use parking fee is waived for an adoptive foster family, as defined in OAR 736-015-0006, with an adopted foster child under 18 years of age or a foster family, as defined in OAR 736-015-0006, if the foster care provider has a valid Certificate of Approval to Provide Foster Care in Oregon issued by the Oregon Department of Human Services. The waiver shall be valid until the expiration date of the Certificate of Approval to Provide Foster Care or the adopted foster child turns 18 years of age.

(d) All other fees apply.

(5) Proof of Eligibility for Fee Waivers

(a) Upon providing valid proof of eligibility, Veterans and Foster families will be issued an OPRD Special Access Pass that they must use to identify themselves as a qualified recipient of fee waivers at state park campgrounds and day use areas. Proof of eligibility must be provided through an application process outlined on the OPRD web site at www.oregonstateparks.org or by calling the OPRD Information Center at 1-800-551-6949 for instructions.

(b) The department will accept the following forms of proof to qualify for fee waivers as a U. S. veteran with a service connected disability:

(A) Disabled Veteran’s license plate issued by the Oregon DMV;

(B) A current Disabled Veteran Permanent Hunting/Angling License issued by the Oregon Department of Fish and Wildlife;

(C) A Washington State Parks Disabled Veteran’s ID card;

(D) Any VA photo identification card bearing the words “service connected”;

(E) Any letter issued by the United States Department of Veterans Affairs (VA) stating eligibility for any of the above programs, or bearing the words “service-connected disability.”

(c) The department will accept the following forms of proof to qualify for fee waivers as an adoptive foster family, as defined in OAR 736-015-0006, with an adopted foster child under 18 years of age or a foster family, as defined in OAR 736-015-0006:

(A) Certificate of Approval to Maintain a Foster Home for Children with Developmental Disabilities;

(B) Certificate of Approval to Maintain a Foster Home for Children;

(C) Certificate of Approval to Maintain a Relative Home for Children;

(D) Written certification from Department of Human Services identifying the applicant as an adoptive or guardian foster family.

(d) The department will not issue an Active Duty Military on official leave a Special Access Pass. Such customers must pay any applicable fee and after their visit may request a refund by sending a letter from their commanding officer on official letterhead stating they were on leave for the dates they camped and their camping receipt to Reservations Northwest within 30 days after departure date of the stay. A refund of applicable fees will be sent within three weeks of the receipt of their request.

(6) A person may request a refund under the following circumstances.

(a) Reservations Northwest may refund a reservation fee when the department has made a reservation error.

(b) Reservations Northwest may refund a facility deposit and may waive the cancellation or change rules when requested by the person due to the following emergency situations:

(A) Emergency vehicle repair creates a late arrival or complete reservation cancellation;

(B) A medical emergency or death of a family member creates a late arrival or complete reservation cancellation;

(C) Acts of Nature create dangerous travel conditions; or

(D) Deployment of military or emergency service personnel creates a late arrival or complete reservation cancellation.

(c) The director or his/her designee may approve a refund under other special circumstances.

(d) All requests for refunds listed above must be sent in writing to Reservations Northwest via email, fax or surface mail to be considered for a refund.

(e) The department will issue refunds for specific site or park area closures and no written request is required.

(f) The park manager may only issue a refund at the park due to the person leaving earlier than expected, and while the person is present and has signed for the refund. Once the person has left the park, refund requests must be sent to Reservations Northwest for processing.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124

Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 56(Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC 22-1979 (Temp), f. & ef. 9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 11-1986, f. & ef. 7-9-86; PR 1-1988, f. & cert. ef. 3-25-88; PR 1-1990, f. & cert. ef. 5-14-90; PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PR 3-1996, f. & cert. ef. 5-13-96; PRD 7-2002, f. & cert. ef. 7-1-02; PRD 6-2003, f. 10-3-03 cert. ef. 11-1-03; PRD 8-2004, f. & cert. ef. 6-3-04; Renumbered from 736-010-0120, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 5-2005(Temp), f. 10-14-05, cert. ef. 11-11-05 thru 4-30-06; PRD 1-2006, f. & cert. ef. 2-14-06; PRD 8-2009, f. & cert. ef. 6-2-09; PRD 15-2009, f. & cert. ef. 9-29-09; PRD 1-2010, f. & cert. ef. 1-5-10; PRD 5-2011, f. & cert. ef. 8-1-11

 

Rule Caption: Implement changes to improve public safety during events. Make editorial changes to clarify the rule where needed.

Adm. Order No.: PRD 6-2011

Filed with Sec. of State: 8-10-2011

Certified to be Effective: 8-15-11

Notice Publication Date: 5-1-2011

Rules Adopted: 736-201-0042

Rules Amended: 736-201-0000, 736-201-0005, 736-201-0015, 736-201-0020, 736-201-0030, 736-201-0035, 736-201-0040, 736-201-0050, 736-201-0060, 736-201-0065, 736-201-0070, 736-201-0075, 736-201-0080, 736-201-0095, 736-201-0115, 736-201-0120, 736-201-0125, 736-201-0130, 736-201-0135, 736-201-0145, 736-201-0150, 736-201-0155, 736-201-0160, 736-201-0165, 736-201-0170, 736-201-0175, 736-201-0180

Subject: Amend OAR 736-201-0040 and adopt OAR 736-201-0042 to provide grater detail on the advertising, canvassing and soliciting permit process, as well as the rules of conduct and conditions for revoking a permit for those allowed to advertise, canvass or solicit at OEC. Amend other rules in OAR 736-201 if necessary to clarify, organize and provide better notice to the public for the chapter pertaining to the Oregon State Fair and Exposition Center.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-201-0000

Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any permanent rule relating to the Oregon State Fairgrounds Park District (OSFPD), the Oregon Parks and Recreation Commission shall give notice of the intended action:

(1) In the Secretary of States Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the Oregon Parks and Recreation Commission’s mailing list established pursuant to ORS 183.335 at least 28 days before the effective date of the rule; and

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Associated Oregon Industries;

(c) Associated General Contractors;

(d) OSFD interested parties list;

(4) By mailing a copy of the Notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0005

Definitions

(1) “Agent” is an individual volunteer, community service group or paid contractor officially representing OSFD or OPRD and only when performing an official duty assigned by OPRD in writing.

(2) “Assistant Director, with responsibility for OSFD” is the person in charge of the daily business and management of OSFD and appointed by the Director.

(3) “Destructive Device” means:

(a) A projectile containing an explosive or incendiary material or any other chemical substance;

(b) Ammunition, ammunition components including, but not limited to, smokeless powder, black powder, primers and percussion caps;

(c) A bomb, grenade, missile, or similar device or any launching device therefore; or

(d) Any weapon of mass destruction including any device capable of producing injury, death or property damage by way of release or discharge of chemical or biological agents, disease or radiation.

(4) “Director” means the Director of the Oregon Parks and Recreation Department.

(5) “Entry Fee” is the fee that participants pay to participate in certain Fair Department activities and competitions.

(6) “Event” is an activity, meeting, attraction or other occurrence on the OSFD with specific opening and closing dates and specific operating hours.

(7) “Exhibit Area” is an area or zone on the OSFD that is characterized by the type of exhibitors occupying paid exhibit space. Such exhibit areas include but are not limited to commercial exhibit areas, non-profit areas, and other commercial-style attractions.

(8) “Exhibitor” is a person occupying paid exhibit space during the State Fair or during other OSFD-organized and administered events.

(9) “Fair Department(s)” are various sections of State Fair activity that are divided by subject area. OSFD may add or delete Departments as necessary to reflect the interests of its participants.

(10) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.

(11) “Handbook” is the annual publication which lists the rules, procedures, conditions, provisions, information, and fees for participation in certain State Fair department activities and competitions as well as the awards offered.

(12) “Licensee” is a person that has entered into a written agreement with the OPRD for the use of buildings, facilities, services or equipment for the purpose of conducting business or other transactions.

(13) “Non-profit” is an organization that is recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3).

(14) “Paid Exhibit Space,” is a certain location on the OSFPD, during each State Fair or during other OSFD-organized and administered events, that OSFD assigns to an exhibitor for the purpose of contacting patrons through, but not limited to, sales, displays of goods and services, advertising, solicitations, canvassing, or the dissemination of information. The exhibitor must pay a fee to OPRD for the space and agree to abide by the procedures, information, conditions, and provisions described in this division.

(15) “Patron” is an individual attending an OSFD organized and administered event who is not an agent, OPRD staff, exhibitor, permittee, licensee, sponsor or registrant.

(16) “Permittee” is a person that has entered into a written agreement with the OPRD for use of buildings, facilities, services or equipment for a period of time for the purpose of conducting a public or private event, including but not limited to an exposition, meeting, conference, tradeshow, or concert.

(17) “Person” includes an individual, corporation, association, group, firm, partnership, limited liability company, joint stock company, and any governmental entity.

(18) “OPRD” is an acronym for Oregon Parks and Recreation Department.

(19) “OSFD” is an acronym for Oregon State Fair Division, division of OPRD.

(20) “OSFPD” is an acronym for the Oregon State Fairgrounds Park District, which includes but is not limited to the parking lots, campground, traffic lanes, and undeveloped areas outside of the admission gates; and the auditoriums, buildings, arenas, and undeveloped areas inside the admission gates at the Oregon State Fairgrounds.

(21) “Registrant” is a person that has notified the OSFD using a form provided by OSFD that a lead individual and up to nine other individuals will solicit, canvass, or otherwise contact patrons on the OSFPD outside of the admission gates during the State Fair or other event organized and administered by the OSFD.

(22) “Schedule of Rates and Fees” are the published fees and charges for facilities, buildings, services, or equipment or for operating a business on the OSFPD that covers a period of time that is also listed in the schedule of rates and fees.

(23) “Sponsor” is a person that has entered a written sponsorship agreement with OPRD that is described in ORS 565.080(4).

(24) “Weapon” includes, but is not limited to, any firearm; any destructive device; any dirk or dagger; any knife with a blade of three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle; any device by whatever name known, which is designed to expel a projectile by the action of compressed air, gas, compressed spring or by any chemical action; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; any cutting, stabbing or bludgeoning weapon or any other device capable of inflicting grievous bodily harm.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0015

Facilities Available for Rent

(1) Certain facilities located on the OSFPD grounds are available for lease by Permittee(s) or Licensee throughout the calendar year, other than during the days of the annual State Fair. Permittee(s) and Licensees also have the option of renting accessory equipment owned and maintained by OSFD to augment an Event, program or attraction at these facilities.

(2) Fees and charges for facilities, buildings, services and equipment rental shall be according to OSFD current Schedule of Rates and Fees.

(3) Director or the Director’s designee may waive, vary or increase, in whole or in part, the established rates and fees when it is determined that:

(a) Marketing opportunities exist to encourage use and increase revenues;

(b) Time frame for use varies from that specified on Schedule of Rates and Fees; or

(c) Rate change would attract business when otherwise there would be none.

(4) OSFD reserves the right to add a surcharge for facilities, buildings, services, and equipment rental for unusual and unexpected direct costs related to cleaning and repair of facilities, buildings or equipment.

(5) Rates and fees published in the Schedule of Rates and Fees cover most ordinary situations involving use of buildings, facilities, services, and equipment. Director, or the Director’s designee, shall have authority to establish rates and fees at any time for buildings, facilities, services, activities and equipment that are not specifically listed in the Schedule of Rates and Fees.

(6) Director shall have authority to establish rates and fee categories for various segments of industry and business such as, but not limited to non-profit, volunteer and community organizations, school and governmental agencies, youth groups and youth organizations for the use of buildings, facilities, services and equipment.

(7) Director may establish written procedures for any regular and returning Permittee or Licensee and shall have authority to enter into on-going rental and lease agreements at any time to attract or increase business.

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

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0020

Food Concessions

(1) All food and beverage concession items provided for sale to the public will be sold by OSFD’s food contractor(s). Food contractor(s) does not charge Permittee(s) for this service, nor does Permittee(s) receive revenue from food and beverage sales.

(2) Permittees who rent facilities, buildings or locations on property for Events that are food oriented may request in writing an exemption to provide alternative food and beverage for sale but may pay a concession fee according to the Schedule of Rates and Fees for such privilege. Permittee(s) requesting an exemption shall be required to put such proposal in writing. The Director or the Director’s designee shall evaluate the written exemption request. The evaluation of food Events shall be based on whether or not food is an integral part of the Event, type of food proposed or by means in which food is prepared and OSFD’s food contractor’s ability to provide same service.

(3) The Director has discretion to grant an exemption to any Event to provide food and beverage sales.

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

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0030

Licenses to do Business

(1) The Director or the Director’s designee is authorized to issue one or more licenses that permit the license holder to conduct any business therein named upon the OSFD.

(2) Issuance of licenses shall be in accordance with the rules concerning procurement of such services at OSFD, to the extent those procedures are practicable. The funds arising from issuing licenses shall become a part of the Oregon State Fair Account.

Stat. Auth.: ORS 565.060 [Amended by 1977 c.55 §18; 2005 c.777 §25]

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0035

Businesses that may be licensed, Other licenses Required

(1) The Director or the Director’s designee may license any lawful business to be conducted at OSFPD, including the sale of malt, vinous or distilled liquor.

(2) The Director or the Director’s designee shall establish permitting procedures consistent with ORS 565.130 and shall make these available upon request by interested businesses to be licensed at the OSFPD.

(3) Any business so licensed by the Director or the Director’s designee is not required to pay license to any city, county or state, other than to the OSFD for conducting a business upon the grounds of the Oregon State Fair.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0040

Advertising, Canvassing, Soliciting, and Disseminating of Written Materials Outside Admission Gates

(1) A person may not advertise, canvass solicit, or disseminate written materials in any location outside of the admission gates of the OSFPD, except as provided by this rule.

(2) During and for three days before and two days after the State Fair or any other event organized and administered by the OSFD, only a registrant may advertise, canvass or solicit, or disseminate written materials outside OSFPD’s admission gates.

(a) An individual may register by submitting a registration form prepared by OSFD. The individual must submit the form to the OSFD at least 24 hours before beginning any advertisement, canvassing or soliciting, or dissemination of written materials.

(b) If the form is submitted on behalf of a person that is not an individual, the registration form shall identify a lead individual and may identify up to nine other individuals who will participate in advertising, canvassing, soliciting or disseminating of information.

(A) For registration purposes, only the lead individual is considered registered and approved by OSFD.

(B) All other members identified will become registered and approved once they are properly briefed by an authorized OSFD person on the rules for advertising, canvassing, soliciting and disseminating information, and on the expectations regarding behaving in a manner that will ensure the safety, well-being and enjoyment of all people, working, participating or attending OSFD events.

(C) Registration for non-lead individuals can occur before or on the day they are scheduled to engage in advertising, canvassing, soliciting and disseminating information.

(c) All registrants must remain at least 20 feet from any admission or exit gate, any line forming at an admission gate, and any tram or other form of public transportation that is loading or unloading passengers. An agent or OPRD staff may require any registrant to move or maintain a reasonable distance from other registrants if the agent or OPRD staff has a reasonable belief that there may be conflict among or between various registrants or that the registrant is blocking the free movement or endangering the safety of a patron, permittee, licensee, sponsor, exhibitor or anyone providing emergency services.

(d) Each lead registrant may set up one table. The table top must be no longer than six feet. A registrant shall be present at the table at all times. The table may be set up no more than 30 minutes before the State Fair or other event opens for the day and must be removed no later than 30 minutes after the State Fair or other event closes for the night.

(e) A registrant may not use a sound device, including but not limited to a bullhorn or other sound amplifying device that creates sufficient volume to be heard more than 20 feet from the registrant.

(f) A registrant may not use, in any manner, fighting words or obscenities. In addition, all registrants must comply with the provisions of OAR 736-201-0070.

(g) A registrant may not sell, offer to sell or advertise any merchandise or service.

(h) A registrant may not advertise, solicit, canvass or disseminate information to an individual in or on a motor vehicle or at any location within a parking lot.

(3) During events organized by a permittee, the permittee shall be responsible for regulating the advertising, canvassing and soliciting, and disseminating of written materials in locations outside OSFPD’s admission gates.

(4) During events organized by a permittee, the permittee is responsible for complying with all applicable provisions of this division. Violations of such provisions are subject to enforcement as provided in OAR 736-201-0180.

(5) If a person objects to an action by OPRD that implements this rule, the person may file a protest as provided in OAR 736-201-0175.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0042

Advertising, Canvassing, Soliciting, and Disseminating of Written Materials Inside Admission Gates

(1) A person may not advertise, canvass, solicit or disseminate written materials in any location inside OSFPD’s admission gates, or in any of the airspace above the OSFPD, except from within a commercial exhibit space assigned to an exhibitor by OSFD.

(a) OSFD assigns commercial exhibit spaces within an exhibit area for a fee and on a first-come, first-served basis.

(b) Exhibitors who are assigned a commercial exhibit space are subject to the fees, conditions, rules and other information about exhibiting in a particular Exhibit Area published in the Handbook for each Exhibit Area.

(c) If a person objects to an action by OPRD that implements this rule, the person may file a protest as provided in OAR 736-201-0175.

(2) During events organized by an exhibitor, the exhibitor shall be responsible for regulating the advertising, canvassing, soliciting and disseminating of written materials in locations inside the OSFPD’s admission gates and in the airspace above the OSFPD.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0050

Exhibit Space Fees

(1) OSFD shall establish fees for the use of exhibit space and any associated cost for services, including electricity, production, admission, and parking shall be established in the Handbook for each particular Exhibit Area.

(2) Fees, conditions, rules, and other information about exhibiting in a particular Exhibit Area published in the Handbook cover most ordinary situations involving exhibit space at the State Fair. The Director or the Director’s designee shall have authority to establish fees, conditions, rules, and other information about exhibiting in a particular Exhibit Area that are not specifically listed in the Handbook.

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

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0060

Items Prohibited on Property

(1) The following items are prohibited on OSFPD property unless specifically authorized in this rule:

(a) Bicycles, skateboards, roller blades, scooters;

(b) Unauthorized vehicles;

(c) Unauthorized animals, reptiles, insects, arachnids and other pets;

(d) Weapons;

(e) Fireworks, explosives or explosive devices, and inflammables;

(f) Alcohol or alcoholic beverages;

(g) Controlled substances;

(h) Any other object or objects which in the opinion of the Director or his/her designee may affect the safety and well-being of persons attending events on OSFPD property; or

(i) Destructive device.

(2) Exceptions to the above prohibitions are limited to:

(a) Weapons of law enforcement officials and those carried by persons authorized by law to carry them when carried in a manner authorized by law;

(b) Alcoholic beverages and alcoholic beverage containers belonging to OPRD, licensed concessionaires or catering services contracting with OPRD;

(c) Prohibited items that have been permitted by OPRD by virtue of a signed agreement;

(d) Fireworks in the custody of any group operating or presenting an officially sanctioned fireworks display;

(e) Bicycles, skateboards, roller blades, scooters are permitted on the property outside the fenced areas unless they are part of an OSFD-approved event or display;

(f) Prescription medications necessary for licensees and contractors to perform their duties, when they possess the authorizing prescriptions;

(g) Employees of OPRD and its licensees, contractors and agents may not carry personal prohibited items that are not necessary for the performance of their official duties;

(h) Prohibited items in the possession of Exhibitors that are necessary for daily care or preparation of animals and for showing and are used only for preparation and showing purposes; and

(i) Such prohibited items expressly permitted in writing by the Director or the Director’s designee.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0065

Inspections During State Fair and Other Controlled Events

(1) OPRD employees or agents may request, as a condition of the license or permit, that persons about to enter OSFPD property, allow visual access to all purses, backpacks, briefcases, suitcases, athletic bags, packages, duffel bags, coolers, ice chests, picnic baskets, diaper bags, strollers, carts and other similar items capable of concealing prohibited items (“containers”).

(2) OPRD staff or agents requesting such an inspection shall do so outside the fairgrounds gates or such other reasonable places as designated by the Director or his/her designee. The person(s) entering the facility may be asked by OSFD staff or agents to reveal the items in their containers. Staff or agents shall inform person(s) in possession of containers to which the inspection request pertains, are free to decline the inspection and may receive a refund of the price of the ticket and parking (if admission or parking fees were incurred) upon surrender of their tickets. Alternatively, the persons may discard the container or prohibited item(s).

(3) Most searches are visual. At the option of OPRD staff, agents or law enforcement officers, other search measures may be employed, including but not limited to electronic, chemical or physical inspections such as “pat downs.”

(4) Possession of weapons or controlled substances at anytime on OSFPD property may be reported to law enforcement officials.

(5) If a person possesses one or more prohibited items inside an OSFPD building or facility, the person shall be considered to have violated the license to enter. The license shall be revoked and an OPRD employee or agent shall request that the person leave the OSFPD. A refusal or failure to leave the property following such a request can cause the person to be in trespass.

(6) If a person requests a refund is requested under the section (2), OPRD shall promptly complete and deliver a bearer coupon that specifies the location, date, and refund to be made. A person may redeem the bearer coupon either at the nearest admission booth or by mail to the OSFD business office within 30 days, along with parking and admission tickets for reimbursement.

(7) Prohibited items which may be seen without inspection are subject to the same consequences as specified in section (5) of this rule.

(8) OSFD shall display signs at entrances to the facility generally identifying prohibited items and providing notification of the request for inspection.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0070

Activities Prohibited on Property

Within the OSFPD, no individual shall participate in loud, rude or unreasonable behavior; disturb the public peace; make threatening comments, actions or gestures toward others; obstruct the use and enjoyment of any facility, area or event; act in a disorderly manner; or participate in any behavior or activity which in the opinion of the Director or the Director’s designee may affect the safety or well-being of any person attending an Event within the OSFPD.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0075

Conducting Business on or Near Grounds of Fair

A person may not set up any shop, booth, wagon or other vehicle for the sale of spirituous or other liquors, cigars, provisions or other article of traffic. A person may not sell or otherwise dispose of any liquors, cigars, goods or services, wares, merchandise, meals or any article of traffic on the grounds of the OSFD, or within one-half mile of grounds, without having paid OSFD a licensing fee for the privilege, or obtain written consent from OSFD

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0080

Admission to Fairs Except through Special Gates Prohibited

(1) A person may not gain admission or attempt to gain admission to OSFPD during the annual State Fair or at any public event or meetings on the grounds of the OSFPD, except through special gates or entrances kept or directed by the OSFD.

(2) The Director or the Director’s designee may set the prices of admission, licenses and all matters pertaining to the conducting of the annual State Fair, exhibitions or other public events or meetings on OSFD property or within OSFD buildings and facilities.

(3) The Director or the Director’s designee may change or alter gates for admission and use other means to manage traffic flow such as directional signs to manage Event traffic or to control the flow of traffic to and from the OSFPD with assistance from OPRD employees, contractors or agents.

(4) The Director or the Director’s designee may control and set the opening and closing times of gates for admission to the annual State Fair, exhibitions and other public events or meetings at OSFPD.

(5) The Director, or the Director’s designee may establish procedures for the control and management of signs, banners and other promotional materials on display on and around the OSFPD gates, entrances, parking lots and other OSFPD areas viewable by the public.

(6) Admission coupons or admission discounts may be honored if they are officially endorsed by OPRD prior to the Event or annual State Fair.

(7) OPRD staff and agents may refuse any person(s) admission through any gated area or entry if the person(s) refuses to pay the designated admission fee or charge.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0095

Late Payments

The OPRD may assess a fee of one and one-half percent per month or portion thereof on any unpaid balances due to OPRD if not paid within 30 days of billing. The fee may be assessed in addition to any legal remedies the OPRD may pursue to effect collection of the late payments.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0115

Additional Services and Support Charges

The OPRD may add additional service and support charges listed in the Schedule of Rates and Fees when applicable such as, but not limited to; service charges for additional cleaning, repair of damages or moving of items left in an OSFD building or facility.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0120

Storage of Items left on Grounds

OPRD may store items left on OSFD property after the annual State Fair, program, event or exhibition and charge a storage fee listed in the Schedule of Rates and Fees. OPRD reserves the right to set a maximum number of days items maybe be stored on site. All items left or abandoned on grounds may be disposed of by OPRD.

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

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0125

State Fair Advisory Committee

(1) Pursuant to ORS 565.021 and 565.030 the Director shall appoint a State Fair Advisory Committee to provide advice and assistance to the Director on matters regarding the operation of the annual State Fair.

(2) The advisory committee shall consist of seven members appointed by the Director for four-year terms. The director shall appoint:

(a) A resident from each of the five congressional districts of Oregon. The director shall seek to ensure that those persons reflect a broad-based representation of the industrial, educational and cultural interests that are active in state fair programs, contests and exhibits; and

(b) Two persons to represent county fair interests. The Director may give consideration to nominations suggested by the County Fair Commission established under ORS 565.410.

(3) The Director may stagger the terms of office of the members of the advisory committee to ensure that the terms of office do not expire at the same time.

(4) The members of the advisory committee serve at the pleasure of the Director. The Director may fill a vacancy on the advisory committee by appointing a person to fill the unexpired term.

(5) Each member of the advisory committee is entitled to compensation and reimbursement of expenses, as provided in ORS 292.495.

(6) The advisory committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers necessary for the performance of the functions of those offices as determined by the advisory committee.

(7) The advisory committee shall meet at the call of the director. The director shall give consideration to calling a meeting at the request of a majority of the advisory committee.

(8) The principal duty of the advisory committee is to advise the director and staff on the implementation of the State Fair Business Plan, as adopted by the Oregon Parks and Recreation Commission, and to evaluate the performance of the fair operations as measured against the objectives set forth in the business plan.

(9) Administrative support to the advisory committee shall be provided by the director’s office of the OPRD.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0130

Oregon State Fair Established

Under ORS 565.040, there is a state institution to be designated and known as the OSFD, which shall be administered and operated by the OPRD.

(1) The Director, at the Director’s discretion, may present business plans and policies for the operation and management of the OSFD before the OPRD Commission for affirmation and approval or for informational purposes.

(2) The Director may develop and implement policies, processes and procedures for the operation and execution of the annual State Fair.

(3) The Director may delegate authority for the day-to-day business decisions to the Assistant Director responsible for the OSFD.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0135

State Fair Purposes; Use and Management of Property

(1) The objects and purposes of the OSFD are to disseminate knowledge concerning, and to encourage the growth and prosperity of all agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits in this state. The Director shall operate the business and properties of the OSFD as a year-round fair and exposition center, display historical objects and do all things necessary to expedient for full utilization of the properties and facilities of the annual State Fair and as an exposition center.

(2) The Director or the Director’s designee shall conduct an annual state fair for a period of not more than 17 days duration beginning and ending on such dates as the Director considers appropriate. The Director or the Director’s designee may set the hours of the annual State Fair and other public events.

(3) The Director or the Director’s designee shall have care of the OSFD property and be entrusted with the direction of its business and financial affairs. The Director shall prepare, adopt, publish and enforce all necessary rules for the management of the Oregon State Fair, its meetings and exhibitions and for the guidance of its officers or employees.

(4) The Director or the Director’s designee may appoint all necessary marshals to keep order on the grounds and in buildings of the OSFD during all exhibitions. The marshals so appointed shall be vested with the same authority for such purposes as executive peace officers are vested by law.

(5) The Director or the Director’s designee shall establish charges for entrance fees, gate money, lease stalls, parking space, buildings, restaurant sites; conduct shows and concerts, exhibitions, races and all manner of business notwithstanding the provisions of ORS 227.286 and do all other things the Director considers proper in the operation of a year-round fair and exposition center and the annual State Fair.

(6) The Director or the Director’s designee may enter into sponsorship agreements for the exchange of moneys, services, products or other items of value. A sponsorship agreement entered into under this section is not subject to ORS 279.835 to 279.855 of Chapter 279A or 279B.

(7) The Director, or the Director’s designee, may enter into mutually beneficial sponsorship agreements with private businesses, individuals, corporations or public or non-profit entities. Sponsorship agreements may include the exchange of financial and other valuable consideration as well as promotional, advertising, educational, product and service activities in association with the OSFD programs, activities, events, grounds and facilities.

(8) The Director or the Director’s designee for the successful sponsorships for the benefit of OSFD, may allow the provision of tickets and other promotional items, facilities, supplies, staff and services by OSFD for use by such a sponsor in connection with events, activities and programs, buildings and facilities at the OSFD.

(9) The Director or the Director’s designee to help encourage the successful sponsorship for the benefit of the OSFD, may waive fees and charges listed in the Schedule of Rates and Fees for use by the sponsor in order to encourage additional business or sponsorship activities.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0145

Acceptance and Disposition of Gifts, Grants and Donations

(1) As authorized under ORS 565.109 to 565.116, the Director may accept on behalf of OSFD any gifts, grants and donations of moneys, property or any other valuable thing on behalf of OSFD from public and private sources for the purposes set out in ORS 565.109 and 565.144. Any prospective donor may contact the Director or the Director’s designee to consult or to propose making gifts, grants or donations of any value stipulating conditions or limitations, if any.

(2) Gifts, grants and donations approved under section (1) of this rule will be received by the Director or an appointed designee of the Director. Funds will be deposited in an appropriate separate trust account to be used for the purposes for which the gifts, grants or donations are made. When no specific designations are made by the donor, OPRD shall deposit such amounts in a separate account for general OSPD improvements, programs and fair enhancements. When the Director determines that any stipulation or limitation imposed by the donor will result in violation of any applicable law or is contrary to any rules or policies, the Director or designee shall decline acceptance of such donation or gift.

(3) All donations or gifts must be approved by the Director or the Director’s designee. Gifts and donations must be:

(a) Compatible with the OPRD master plans or, in areas not covered by such plans, compatibility with existing facilities, buildings, entrances, security, fire lanes and property uses;

(b) Of a compatibility nature with the local conditions;

(c) Of an age or the general condition of the donation and the anticipated maintenance or repair costs; or

(d) Of any anticipated maintenance costs and on-going service requirements can be maintained.

(4) The Director or the Director’s designee may accept in-kind and voluntary service donations associated with improvement of the grounds, facilities, programs and Events at the OSFD. Non-profits, service organizations, their agents and volunteers, may assist in the planning, organizing and execution of service projects on the property or within facilities at OSFD.

(5) The Director or the Director’s designee may enter into agreements with non-profit and volunteer service organizations for the purpose of planning, organizing and executing service projects on the property, during the annual state fair and during any other public event or exhibition. The Director has discretion to pay a stipend to a service or community organization for services at the OSFD or during the annual state fair or any other public event or exhibition.

(6) The Director or the Director’s designee for the successful solicitation of gifts, grants, donations, voluntary service by a nonprofit or community service organization for the benefit of OSFD, may allow the provision of tickets and other promotional items, facilities, supplies, staff and services by OSFD for use by such an organization in connection with fundraising efforts or service projects that improve the property, facilities, programs, events and the neighboring community.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0150

Cooperating Non-Profit Organizations

(1) As authorized under ORS 565.116, the Director may cooperate with any nonprofit, tax-exempt organization designated as appropriate, to solicit gifts, grants and donations for the benefit of the OSFD property, facilities, buildings, programs and events.

(2) The Director may cooperate with any nonprofit, tax-exempt organization designated by the Director as an appropriate organization to solicit gifts, grants and donations for the benefit of the Oregon State Fair as follows:

(a) The Director may enter into agreements with and pay a stipend to a nonprofit organization to provide services, programs and events at OSFD;

(b) The Director may accept donations in the form of donations of services, in-kind support, volunteer labor and other services from any non-profit organization.

(3) The Director may advise and receive advice from an organization described in section (1) of this rule. The Director may, if allowed by the charter and bylaws of the organization, serve as a regular or nonvoting board member of the organization. The director may not chair the board of directors, vote for or appoint other board members, control the financial affairs of the organization or oversee the day-to-day operation of the organization.

(4) The Director may provide tickets, promotional items and facilities to the organization without charge for use in increasing the ability of the organization to successfully solicit gifts, grants and donations, including in-kind and voluntary service donations for the benefit of the OSFD facilities, buildings, property, programs and events.

(5) The Director may provide additional supplies, staff and services to the organization at cost for use in increasing the ability of the organization to successfully solicit gifts, grants and donations for the benefit of the OSFD.

(6) The Director shall submit an annual accounting report to an appropriate committee of the Legislative Assembly designated by the Speaker of the House of Representatives and the President of the Senate. The report must contain a detailed description of all tickets, promotional items, facilities, supplies, staff and services provided under this rule, the specific disposition or application thereof made by the organization and any resulting benefit to the OSFD.

(7) The Director may enter into agreements for the donation to the Oregon State Fair of goods, services and public improvements by a nonprofit, tax-exempt organization.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0155

Buildings and Facilities for 4-H and FFA Programs, Exhibits and Contests

(1) The buildings and facilities that are planned, constructed, altered, furnished and equipped by OPRD on OSFD property, as authorized by Chapter 42, Oregon Laws 1957, shall be used primarily for the housing and dining of members of the 4-H Clubs and of the Future Farmers of America (FFA) and for the exhibit and contest space for non-livestock exhibits of both groups.

(2) 4-H and FFA designated buildings and facilities shall be available for other groups at times other than during the State Fair and as authorized by OSFD.

(3) The Director may provide alternative forms of housing as repairs, new development and alterations are made to buildings and facilities on OSFD property.

(4) The Director may put into place applicable building rules, regulations and procedures for the safe use of the buildings and facilities on OSFD property.

(5) The Director may provide alternative forms of exhibit space as repairs, new development and alterations are made to buildings and facilities on OSFD property.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0160

Armory on Grounds of Oregon State Fair

(1) When the construction of an armory containing an auditorium is authorized under ORS 396.505 to 396.545 in Marion County, if OPRD and the General Staff of the Oregon National Guard arrive at a mutually satisfactory agreement for the use of the armory by OPRD, OPRD may, notwithstanding the provisions of ORS 565.090, permit such armory to be constructed on the OSFD property and grant control over such armory and grounds to the General Staff for the period that such armory and grounds are used for military purposes. When such armory and grounds are no longer primarily used for military purposes, their control shall revert to OPRD.

(2) For the purposes of this rule, “control” does not include the power to sell, lease, mortgage or in any other way encumber an armory constructed under section (1).

(3) The Director or the Director’s designee may enter into agreements with the Oregon National Guard for the use of the armory building and facility during the annual State Fair and other OSFD controlled events.

(4) The Director may put into place applicable building rules, regulations and procedures for the safe use of the buildings and facilities on OSFD property including armory constructed under section 1.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0165

Horse Barn Facilities on Grounds

(1) The Director shall plan, construct, alter, furnish and equip horse barn facilities at OSFD suitable for stabling horses. These facilities shall also include restrooms suitable for public use.

(2) The Director shall also plan, construct, alter, furnish and equip storm sewers on grounds of the OSFD.

(3) The Director or the Director’s designee may provide alternative forms of horse barn facilities as repairs, new development and alterations are made to OSFPD buildings and facilities.

(4) The Director or the Director’s designee may put into to place applicable rules, regulations and procedures for the safe use of the OSFPD buildings and facilities.

(5) The Director may contract with or enter into agreements for the management and oversight and set forth specific uses of the OSFPD horse barn facilities.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0170

County Exhibits at State Fair

(1) The Director or the Director’s designee shall plan, construct, alter, furnish and equip on the grounds of the OSFPD a facility suitable for housing Oregon county exhibits.

(2) The Director or the Director’s designee shall develop procedures for Oregon county participation at the annual State Fair including but not limited to the size and location of exhibit space, the move-in move-out times and other procedures for exhibiting at the annual State Fair.

(3) The Director or the Director’s designee may encourage Oregon county participation by providing financial incentives and other forms of support and services allowing for county representation at the annual State Fair.

(4) The Director, or the Director’s designee, may encourage Oregon county participation in a regional format in order to share resources to encourage county and regional representation in the state at the annual State Fair.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0175

Protest Procedures

(1) Any adversely affected or aggrieved person may protest an OPRD action that implements OAR chapter 736 division 201.

(a) The protest must meet the following criteria:

(A) Be in writing and delivered by hand or by certified mail to the Assistant Director responsible for the OSFD within ten business days of occurrence of the action;

(B) Identify the action and identify the agent or OPRD staff involved (if known);

(C) Explain why the action taken is unlawful; and

(D) Describe the action desired by the person filing the protest.

(2) If protester’s satisfaction is not achieved, written protest may be delivered by hand or by certified mail to the Director within five business days of receipt of the response from the Assistant Director responsible for the OSFD. The decision of the Director shall be a final order in other than contested case that is subject to judicial review under ORS 183.484.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

736-201-0180

Sanctions

(1) An agent or OPRD staff may request that a person promptly leave the OSFPD at any time that the agent or OPRD staff reasonably believes that the person has violated any provision of OAR chapter 736, division 201. The agent or OPRD staff shall tell the person when the person may reenter the OSFPD. When any person fails to leave the OSFPD when requested, or returns to the OSFPD during the period of time when reentry has been prohibited, consent of the OSFD for the person to be within the OSFPD shall be deemed withdrawn, and the person shall be immediately subject to all applicable trespass laws.

(2) The peace officers of the OPRD, during the continuance of each annual State Fair or other public event or meeting, and for three days prior and two days subsequent thereto, when on the OSFPD, shall have the authority of a deputy sheriff and may make arrests for violations of the provisions of ORS 565.610 to 565.630 or other laws of this state, including the rules or regulations of OPRD.

(3) An OPRD staff or an agent shall allow access to all buildings and facilities in order for peace officers to enforce the laws of this state, including the rules or regulations of OPRD.

Stat. Auth.: ORS 565.060

Stats. Implemented: ORS 565

Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11

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, 2010.

2.) Copyright 2011 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

© 2013 State of Oregon All Rights Reserved​