Oregon Bulletin
Rule
Caption: Directs Commission to begin
assessing barley and updates commission compensation.
Adm.
Order No.: WHEAT 2-2011
Filed with Sec. of
State: 10-27-2011
Certified to be Effective: 11-2-11
Notice Publication
Date: 10-1-2011
Rules Amended: 678-010-0010, 678-010-0020, 678-010-0030,
678-010-0040, 678-010-0050, 678-030-0000, 678-030-0010
Subject: The changes incorporate the assessment of barley into
the wheat commission rules as allowed in the Oregon Wheat Commission statute as
of July 1, 2011. The barley assessment rate and assessment payment process will
stay the same with remittance to be redirected to the Oregon Wheat Commission
office. Amendments to division 30 will update the Commissioner per diem to
$100.00 per day and requesting preapproval of Commissioner expenses over
$500.00.
Rules Coordinator: Tana Simpson—(503) 229-6665
678-010-0010
Applications of Assessment Rate to
Wheat or Barley Mixtures
Any person who is a first purchaser or lien holder as
defined by ORS 578.010, shall deduct and withhold the assessment as required by
OAR 678-010-0030 on the gross weight of all grain mixtures that contain wheat,
barley, or both that was grown in this state and sold through commercial
channels, unless the grain mixture has been certified by the Federal Grain
Inspection Service. If the grain mixture has been certified to contain a
percentage of wheat, barley, or both, then the first purchaser or lien holder
shall deduct and withhold the assessment as required by OAR 678-010-0030 on the
percentage by weight of wheat, barley, or both that was grown in this state and
sold through commercial channels.
Stat. Auth.: ORS 578
Stats. Implemented: ORS 578
Hist.: 1WC 3, f. 6-15-62; 1WC 8,
f. & ef. 3-4-77; WHEAT 1-2001, f. & cert. ef. 3-1-01; WHEAT 1-2006, f.
& cert. ef. 1-27-06; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru
12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
678-010-0020
Definitions
(1) “Commercial Channels” means the sale of wheat,
barley, or both for use as food, feed, seed, or any industrial or chemurgic
use, when sold to any commercial buyer, dealer, processor, cooperative, or to
any person, public or private, who resells any wheat, barley, or both or
product produced from wheat, barley, or both.
(2) “Commission” means the Oregon Wheat Commission.
(3) “Director” means the Director of the Oregon
Department of Agriculture.
(4) “First Purchaser” means any person, corporation,
association or partnership that buys wheat from the grower in the first
instance, or any lienholder, public or private, who may possess wheat, barley,
or both from the grower under any lien, or any handler who receives wheat,
barley, or both in the first instance from the grower for resale or processing.
(5) “Grower” means any landowner personally engaged in
growing wheat, barley, or both; a tenant of the landowner personally engaged in
growing wheat, barley, or both; and both the owner and the tenant jointly, and
includes a person, partnership, association, corporation, cooperative, trust,
sharecropper, and any and all other business units, devices and arrangements.
(6) “Sale” includes any pledge or mortgage of wheat,
barley, or both, after harvest, to any person, public or private.
(7) “Person” means any individual, corporation,
association, partnership or joint stock company.
(8) “Handler” means a person or other legal entity
handling, marketing, or dealing wheat, barley, or both, whether as owner,
agent, employee, broker, or otherwise.
(9) “Net Paid for Weight” means all sales or bartered
bushels paid for.
(10) “Independent Third Party” refers to any
organization other than the Commission and the Oregon Wheat Growers League.
(11) “Irregular” means less than two quarters per crop
year.
(12) “Administrator” means a person employed and
directed by the Commission.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 578
Hist.: WC 2-1991, f. & cert.
ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2011(Temp), f.
6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef.
11-2-11
678-010-0030
Assessments
(1) Any first purchaser shall deduct and withhold from
the grower an assessment of the following amounts for all wheat grown in Oregon
as follows:
(a) July 1, 2008 and thereafter — 5 cents per
bushel.
(b) 1991 through June 30, 2008 — 3 cents per
bushel.
(c) 1981 through 1990 crops — 2 cents per bushel.
(d) 1975 through 1980 crops — 1 cent per bushel.
(e) 1974 and prior years — 1/2 cent per bushel.
(2)(a) Any first purchaser shall deduct and withhold
from the grower an assessment of the following amounts for all barley grown in
Oregon as follows:
(b) July 1, 2011 and thereafter — 1 dollar per
ton.
(3) Any change in the above assessment rates requires
approval by the Commission. In determining whether to impose a change in the
above assessment rate, the Commission may:
(a) Work jointly with the Oregon Wheat Growers League
to educate growers on a county-by-county basis, of the need for a change in the
assessment rate;
(b) Work with an independent third party experienced in
survey work to poll the growers of the state to determine whether the growers
support a proposed change in the assessment rate;
(c) Consider the results of the poll when determining
whether to raise the assessment rate.
Stat. Auth.: ORS 578
Stats. Implemented: ORS 578.211
Hist.: WC 2-1991, f. & cert.
ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 2-2008, f. &
cert. ef. 7-16-08; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru
12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
678-010-0040
Reports and Payment of Assessment
Monies
(1) First purchasers and handlers must submit completed
and signed assessment reports on Commission approved forms. Assessment reports
shall include all purchases by or deliveries to a first purchaser or handler of
wheat, barley, or both (net paid weight). Assessment collections that total
$100 or more per month must be reported monthly. Assessments of less than $100
per month may be reported quarterly. Monthly assessment reports are due in the
Commission office postmarked on or before the 20th day of the month following
the calendar month in which the reported wheat, barley, or both was sold.
Quarterly assessment reports are due in the Commission office postmarked on or
before the 20th day of the reporting month specified below. Quarterly
assessments shall be reported as follows:
(a) January, February, March assessments reported on or
before April 20th;
(b) April, May, June assessments reported on or before
July 20th;
(c) July, August, September assessments reported on or
before October 20th; and
(d) October, November, December assessments reported on
or before January 20th.
(2)(a) Notwithstanding section (1) of this rule, a
first purchaser or handler who purchases or handles wheat, barley, or both on
an irregular basis is not required to report assessments on a quarterly or
monthly basis provided such person indicates in the space provided on the
assessment their next purchase or handling of wheat, barley, or both subject to
these assessments and reporting requirements. Such person will not be required
to report or pay assessments until the 20th of the month following the calendar
month in which the indicated date falls;
(b) However, if a person who purchases or handles
wheat, barley, or both on an irregular basis purchases or handles wheat before
the date indicated on the assessment report, that person must comply with the
requirements of section (1) of this rule.
(3) When a first purchaser or handler has completed,
signed, and forwarded a report covering the final purchase of wheat, barley, or
both for the crop season, the filer may mark the box on the report that says
“FINAL REPORT FOR THIS CROP SEASON.” No further reports are necessary by such
first purchaser or handler unless or until additional purchases are made.
(4) When a first purchaser takes delivery of Oregon
grown wheat, barley or both in another state, or is a federal or governmental
agency, the grower shall report to this Commission all sales made to such
purchaser as required by section (1) of this rule and shall pay the assessment
directly to the Commission, unless such first purchaser voluntarily makes the
proper deduction and remits the proceeds to this Commission.
(5) At the time that reports are due the Commission
from the first purchaser or first handler, as required in section (1) of this
rule, the first purchaser or first handler shall attach and forward payment to
the Commission for the assessment due as set forth in each such report. The forms
shall be signed by the first purchaser or handler and completely filled out,
and shall include, in addition to all other required information and figures,
the name and complete mailing address of each grower, the crop year, the
bushels and amount of assessment deducted and withheld.
(6) Any grower who performs the handling or processing
functions on all or part of their own production of wheat, barley, or both,
which normally would be performed by another person as the first purchaser
thereof, shall report the sale of such wheat, barley, or both of their own
production on forms provided by, and pay the assessment monies directly to the
Commission, unless the first purchaser from such grower voluntarily makes
proper deduction and remits the proceeds to the Commission. Examples would be
the sale by a grower direct to another grower or feed lot. The assessment does
not apply where a grower uses their own production for personal use (ie.
seeding, feeding livestock, destruction).
Stat. Auth.: ORS 576
Stats. Implemented: ORS 578
Hist.: WC 2-1991, f. & cert.
ef. 7-15-91; WHEAT 1-2001, f. & cert. ef. 3-1-01; WHEAT 1-2002, f. &
cert. ef. 12-30-02; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT
1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f.
10-27-11, cert. ef. 11-2-11
678-010-0050
Penalties
(1) Any first purchaser or other person who delays
transmittal of funds beyond the time set by the Commission shall pay ten
percent of the amount due for the first month of delay and one and one half percent
of the amount due for each month of delay thereafter.
(2) The Commission may by majority vote waive the
penalties described in subsection (1) for good cause. The administrator may
waive the penalties described in subsection (1) if the amount of the penalty is
$1,000 or less, if the penalty was incurred due to illness or other good cause,
and if the administrator is an employee of the Commission. The Administrator
shall report all waived penalties to the Commission on a quarterly basis.
(3) If any first purchaser or other person responsible
for transmittal of the assessment monies to the Commission willfully refuses to
turn over assessment monies to be collected, the first purchaser or other
person shall pay an additional penalty equal to twice the amount of the
assessment monies so withheld.
(4) The penalties described in subsections (1) and (3)
are in addition to the penalties prescribed in ORS 578.990.
Stat. Auth.: ORS 576.304 & 578
Stats. Implemented: ORS 576.304
& 578
Hist.: WC 2-1991, f. & cert.
ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2010, f. &
cert. ef. 7-15-10; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11
678-030-0000
Per Diem Compensation
(1) Subject to the availability of funds in the budget
of the Commission, the Oregon Wheat Commission must pay any member of the
Commission, other than a member who is employed in full-time public service,
compensation for each day or portion thereof during which the member is
actually engaged in the performance of official Commission duties.
(2) The rate of compensation is limited to $100 per
day.
(3) In order to receive compensation, a member must
submit to the Oregon Wheat Commission a written claim for compensation by the
20th day of the third calendar month following the month for which the member
seeks compensation. The member must specify the amount of time the member spent
on official Commission duties as well as the nature of the duties performed for
any day or portion thereof for which the member claims compensation.
Stat. Auth.: ORS 292.495, 578.060
& 578.090
Stats. Implemented: ORS 578
Hist.: WHEAT 1-2008, f. &
cert. ef. 1-11-08; WHEAT 1-2010, f. & cert. ef. 7-15-10; WHEAT 2-2011, f.
10-27-11, cert. ef. 11-2-11
678-030-0010
Reimbursement of Travel and Other
Expenses
(1) Subject to sections (2)-(5) of this rule, a member
of the Oregon Wheat Commission, including a member employed in full-time public
service, may receive actual and necessary travel and other expenses actually
incurred in the performance of the member’s official duties.
(2) In order to receive reimbursement of actual and
necessary travel and other expenses, a member must submit to the Oregon Wheat
Commission a written itemized claim for reimbursement supported by receipts,
invoices or other appropriate documentation for travel and other expenses by
the 20th day of the third calendar month following the month in which the
member incurred the expense. The claim for reimbursement must include the
following information for each expense:
(a) Date on which the member incurred the expense; and
(b) Nature of the expense; and
(c) Amount of the expense.
(3) Any single expense that exceeds $500.00 must be
authorized by the Oregon Wheat Commission before a member incurs the expense,
unless the member demonstrates to the Commission that the expense was not
reasonably foreseeable and submits a written itemized claim for reimbursement
supported by receipts, invoices or other appropriate documentation. If the
expense was not preauthorized the Commission may consider the claim at the next
Commission meeting.
(4) For the purposes of this rule, “travel and other
expenses” are limited to reasonable expenses. An expense is reasonable if:
(a) It is an actual expense incurred by a member in
carrying out official Commission business, which is within the member’s scope
of responsibilities; and
(b) The expense is necessary to enable the member to
carry out official Commission business.
Stat. Auth.: ORS 292.495 &
578.060
Stats. Implemented: ORS 578 &
576
Hist.: WHEAT 1-2008, f. &
cert. ef. 1-11-08; WHEAT 1-2010, f. & cert. ef. 7-15-10; WHEAT 2-2011, f.
10-27-11, cert. ef. 11-2-11
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.
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