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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES

 

DIVISION 90

PARKING FACILITIES

 

125-090-0000

Definitions

As used in this chapter 125, division 90 (“these rules”), unless the context requires otherwise:

(1) “Applicant” means any person applying to DAS for authorization to use a Parking Facility for motor vehicle or bicycle parking or other transportation use identified in these rules or authorization to participate in an alternative transportation modes program.

(2) “Alternative transportation modes” has the meaning given that term in OAR 125-090-0160(2)(a)(B).

(3) “Capitol Mall Parking Area” means that area within the City of Salem bounded by Church Street on the west, D Street on the north, Mill Street on the south and 13th Street on the east.

(4) “Commercial Parking” means parking made available by a private or public concern for which a use fee is charged.

(5) “DAS” means the Department of Administrative Services, Facilities Division, Parking and Commuting Services. The DAS address and web site information is published in Exhibit 1 to these rules.

(6) “Director” means the director of the Oregon Department of Administrative Services.

(7) “Hire Date” means the date of a State Employee’s initial hire to State service as recorded in the official personnel file for that employee.

(8) “Lease” means to charge or to pay a charge for the use of portions of the facilities and grounds in a Parking Facility for the parking of motor vehicles and other transportation uses.

(9) “Manager” means the manager of the Parking and Commuting Services, Facilities Division, Department of Administrative Services, or the Manager’s designee.

(10) “Official Work Station” means the building, office, assembly point or other similar location to which a State Employee is:

(a) Permanently assigned; or

(b) Scheduled to report for work for five or more consecutive business days, if a State Employee is not permanently assigned.

(11) “Park” means to stop, or to cause or allow to remain stopped, any vehicle or combination of vehicles, or any portion thereof, on any street, off-street-parking facility, or other public right of way including sidewalks, except such stops as are made in response to legal controls or requirements, conditions created by other traffic, emergencies related to the operation of the vehicle during the actual period of such emergency, or momentary stops for the expeditious loading or unloading of passengers.

(12) “Parking Facility” means any lot, grounds, parking structure, or facility owned, managed, controlled or administered by DAS and used or available for the parking of motor vehicles and bicycles and other transportation uses, including but not limited to those grounds and parking structures and facilities described in ORS 276.594 and those parking structures and facilities at the State office buildings in Eugene and Portland. Parking Facility also includes any additional grounds and parking structures or facilities designated by State Agencies to be managed, controlled or administered by DAS.

(13) “Permit” means an authorization issued in accordance with these rules to park a motor vehicle or a bicycle in compliance with the conditions specified in the authorization and these rules. It may also mean the placard or decal issued to identify a vehicle exercising the authorization.

(14) “Schedule of Base Rates and Charges” means the schedule of base rates and charges in OAR 125-090-0140, which rates and charges are adopted by DAS pursuant to 125-090-0005 and 125-090-0020 for the use of portions of the facilities and grounds in Parking Facilities for the parking of motor vehicles and bicycles and other transportation uses.

(15) “Service Vehicle” means a motor vehicle used primarily for the transport of goods or services from a business to State Agency premises.

(16) “State” means the State of Oregon.

(17) “State Agency” means any elected or appointed officer, board, commission, department, institution, branch or other unit of the state government.

(18) “State Employee” means any employee, officer, board or commission member, contractor, or volunteer worker of the State or, for the period of the assignment, any individual assigned to a State Agency by the individual’s regular employer.

(19) “State Employee with a Disability” means a State Employee who has been issued a disabled person parking permit by the Oregon Department of Transportation (ODOT) under ORS 811.602.

(20) “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, or made in electronic form such as e-mail and facsimile, and intended to represent or convey particular ideas or meanings.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110
Stats. Implemented ORS 98.805, 190.240, 276.591 & 283.110
Hist.: GS 3-1981(Temp), f. 8-28-81, ef. 10-1-81; GS 7-1981, f. 11-23-81, ef. 1-1-82; GS 1-1992, f. 1-28-92, cert. ef. 2-1-92; GS 13-1992(Temp), f. 6-22-92, cert. ef. 7-1-92; GS 17-1992, f. & cert. ef. 8-27-92; DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009; f. & cert. ef. 7-1-09

125-090-0002

Purpose

(1) DAS establishes these rules to regulate the use of Parking Facilities for parking of motor vehicles and bicycles and to provide for other transportation uses consistent with the policies stated in ORS 276.591.

(2) DAS, through the Director and other administrative officers designated by the Director, is authorized to implement and to provide for the enforcement of these rules.

(3) The Director of DAS delegates to the Manager the authority and responsibility for the implementation, administration and enforcement of these rules.

(4) The Manager is authorized to render written and oral interpretations and to adopt procedures necessary for the proper administration and enforcement of these rules. The Manager’s authority includes but is not limited to determining:

(a) Priorities for uses of Parking Facilities and management of space assignments;

(b) Incentives and other methods to encourage use of alternative transportation modes;

(c) The number and types of parking and other permits, and permit sizes, forms and content;

(d) Conditions under which grounds and parking structures or facilities may be used; and

(e) Eligibility and application procedure for the parking and other permits, the uses granted by each type of permit, and the circumstances when a permit must be displayed.

(5) DAS may install traffic control devices and use other appropriate signs to post notice of these rules at Parking Facilities. DAS may issue parking prohibitions and use restrictions at each Parking Facility that govern the use and operation of such facility; DAS shall give notice of such prohibitions or restrictions by posting appropriate signs in plain view.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110
Stats. Implemented: ORS 98.805, 190.240, 276.591 & 283.110
Hist.: DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0005

Rates for Parking Facility Uses; Time of Review; Notice

(1) This rule provides for establishing and reviewing and revising rates and charges for the use of Parking Facilities.

(2) DAS shall conduct an annual review of the rates and charges to be imposed for parking and other transportation uses in the various Parking Facilities and may alter any rates or charges if DAS determines a current consideration of the factors listed in OAR 125-090-0020 justifies the change.

(3) In addition to establishment and review of rates and charges described in sections (1) and (2) of this rule, DAS may alter rates and charges periodically or for periods DAS determines appropriate when Parking Facility occupancy exceeds expected levels. Such rate and charge changes may be temporary or long-term and may be used to adjust revenue levels to those levels required considering those factors identified in OAR 125-090-0020.

(4) Each time DAS changes rates and charges, it shall adopt and publish a Schedule of Base Rates and Charges. The new published Schedule of Base Rates and Charges supersedes all previously published Schedules and the rates and charges originally established in OAR 125-090-0140.

(a) The Schedule of Base Rates and Charges must include:

(A) Any revised long-term rate or charge changes; and

(B) The size and the proposed duration of any temporary rate or charge change.

(b) DAS shall publish the revised rates and charges prior to the effective date of the new Schedule of Base Rates and Charges by posting the revised rates and charges on the DAS web site listed in Exhibit 1 to these rules and by distributing notice of the revised rates and charges, in writing, to:

(A) All individuals who lease parking subject to the rate or charge change at the individual’s last e-mail or physical address on file with DAS;

(B) All State Agencies which lease, or have employees who lease, parking subject to the rate or charge change; and

(C) All State Agencies which occupy quarters located in the Capitol Mall Parking Area, or elsewhere in the City of Salem, the Portland State Office Building and the Eugene State Office Building.

(5) A permit holder is solely responsible for immediately notifying DAS of any change in address, e-mail, place of employment, and vehicle license number.

Stat. Auth.: ORS 98.805 - 98.818, 184.340 & 276.591 - 276.601
Stats. Implemented ORS 98.805, 276.591 & 276.601
Hist.: GS 2-1983(Temp), f. & ef. 1-7-83; GS 4-1983, f. & ef. 3-1-83; GS 4-1988, f. & cert. ef. 6-23-88; DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0010

Parking Facilities Subject to DAS Management and Control

A current list of Parking Facilities subject to these rules is published in Exhibit 2 to these rules.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0020

Base Rates for Parking; Adjustments; Special Rates for Other Uses

(1) Under ORS 276.594, DAS has authority to establish rates and charges for parking motor vehicles and for other transportation uses in Parking Facilities. DAS declares that there is a market for Commercial Parking available within five blocks of the Parking Facilities in each of the cities of Salem, Portland and Eugene.

(2) DAS shall establish charges for use of Parking Facilities consistent with the policies stated in ORS 276.591, including charges for parking motor vehicles, charges for parking bicycles in secure parking areas in Parking Facilities and in bicycle lockers, and other charges identified in these rules for Parking Facilities.

(3) DAS shall calculate the charges for using Parking Facilities upon a base rate for uncovered unreserved parking for motor vehicles that considers the following factors:

(a) DAS’s actual and anticipated expenses for administration of motor vehicle parking in Parking Facilities;

(b) Local market conditions and prevailing charges for Commercial Parking; and

(c) DAS’s actual and anticipated expenses undertaken to operate, maintain and improve Parking Facilities, including debt service, depreciation, ad valorem property taxes as required by ORS 276.592, and reasonable capital development funds, and revenue recovery adequate to offset any amounts lost by DAS through the provision of Carpool incentive rates under 276.601 and through encouragement of the use of alternative transportation modes.

(4) Notwithstanding subsection (3), DAS may:

(a) Establish charges at less than the base rate under section (3) for the parking of motorcycles in Parking Facilities.

(b) Provide open bicycle racks at unsecured Parking Facilities at no charge for the use of the racks, and establish charges at less than the base rate for the parking of bicycles in bicycle lockers and secured areas in Parking Facilities. In setting bicycle parking rates, DAS shall consider the administrative cost of bicycle registration and the other Parking Facility expenses listed in subsection (3) above that are related to bicycle registration and parking.

(c) Encourage the use of Carpools and offer Carpool incentive reductions to the base rate based upon the number of participating riders.

(d) Furnish parking spaces free or at rates reduced from the base rate in designated areas where conditions show no or a reduced market for Commercial Parking, and for those State Employees participating in a program that encourages the use of parking spaces in noncongested areas.

(e) Establish charges less than the base rate where DAS determines that community hardship or significant reduction in demand for the parking in Parking Facilities is likely to occur;

(f) Establish charges in excess of the base rates, and for each Parking Facility, to recognize the following conditions:

(A) Reserved parking;

(B) Improved parking (including charging stations for electric cars);

(C) Covered parking (fully covered parking);

(D) Secured parking (limited public access);

(E) Local market conditions and prevailing charges for Commercial Parking;

(F) Parking that is made available to persons who are not State Employees;

(G) Administrative costs arising from use of Parking Facilities in violation of these rules.

(g) Negotiate a unique rent or charge structure based on the uses provided by a special use agreement to benefit the general public, the local community or the State. DAS shall determine all rates and charges applicable to special use agreements through an analysis of similar activities, rates and charges at comparable Parking Facilities and consideration of overall benefit to the general public and the State.

(5) In establishing the base rate for parking at each of the Parking Facilities, DAS may evaluate the demand and practicality of charging for nighttime and weekend use of such parking. Where the demand and estimated revenues are deemed sufficient to warrant the additional administrative expense, DAS may make certain of its Parking Facilities available to State Employees and others for parking and other transportation uses between the hours of 7 p.m. and 7 a.m. on weekdays, and anytime on weekends. Rates established for such nighttime and weekend parking use must reflect local market conditions for Commercial Parking. In those Parking Facilities where charges for evening or weekend parking are established by DAS, DAS shall provide night and weekend parking at no additional charge to persons who have registered for parking with DAS and have paid the appropriate daytime charge for a Parking Facility. DAS shall charge all other persons for nighttime or weekend parking at the amounts specified in the Schedule of Base Rates and Charges.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.004, 276.385, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0030

Carpool Incentives

(1) When capitalized in these rules:

(a) “Carpool” means a registered group of an eligible State Employee and one or more employed others who use a ride-sharing arrangement to commute to work in a Carpool area no fewer than two-thirds of the working days in each calendar month.

(b) “Carpool Area” means any one of these qualifying Carpool areas:

(A) “Downtown Eugene Area” means that qualifying Carpool area within the City of Eugene bounded by Third Street on the north, Fairmount Street on the east, 24th Street on the south and Washington Street on the west.

(B) “Downtown Portland Area” means that qualifying Carpool area within the City of Portland bounded by Hoyt Street on the north, the Willamette River on the east and I-405 on the south and west.

(C) “Lloyd District Area” means that qualifying Carpool area within the City of Portland bounded by Broadway on the north, N.E. 16th on the east, I-84 on the south and Martin Luther King Jr. Blvd. on the west.

(D) “Salem Area” means that qualifying Carpool area within the City of Salem bounded by Market Street on the north, 17th Street on the east, Mission Street on the south and the Willamette River on the west. The Capitol Mall Parking Area is in the Salem Area.

(c) “Participant” means a registered member of a Carpool.

(d) “Primary Participant” means the State Employee Participant with responsibility for certifying Participant membership in a Carpool and paying the charge for the monthly permit for the Carpool.

(2) To encourage participation in Carpools, DAS may offer priority parking space assignments and Carpool reductions to the base rate established in the Schedule of Base Rates and Charges. Such incentive reductions will be based upon the number of Participants in each Carpool.

(3) A State Employee must complete an application and a State payroll deduction authorization for the applicable amount stated in 125-090-0140 to obtain a monthly permit at a Carpool rate.

(a) In addition to providing any information required in the application form prescribed by DAS, an Applicant shall provide the make, year and model of all vehicles participating in the Carpool, and provide all of the following information for each Participant:

(A) Name;

(B) Work e-mail, phone number and address.

(b) All Participants must sign the application and semi-annual recertification. While in a Carpool, a Participant may not be registered concurrently in any other Carpool or Smart Commuter Program, nor may a Participant lease concurrently a parking space in any other public or private parking facility.

(c) DAS will issue only one permit number per Carpool, which number is transferable among the Participant vehicles. This permit must be conspicuously displayed in a Carpool vehicle parked at a Parking Facility. The monthly permit authorizes Carpool parking in an assigned space or an unreserved space in an assigned Parking Facility.

(d) Carpool certifications under this section expire on the last day of each semi-annual period. DAS may not renew a monthly permit with a Carpool incentive reduction until DAS receives the required recertification.

(4) In order to qualify for an incentive reduction, each Carpool must:

(a) Include at a minimum two employees, at least one of which must be a State Employee in the State payroll system, and all of which must work within the Salem Area, the Downtown Eugene Area, the Lloyd District, or the Downtown Portland Area; and

(b) Certify semi-annually in writing to DAS the composition of the Carpool, and that all Participants ride in the Carpool no fewer than two-thirds of the working days in each calendar month. DAS will notify the Primary Participant when recertification is required.

(5) DAS will register the Carpool in the name of the Primary Participant who will receive a Carpool incentive reduction on the monthly permit.

(6) The Primary Participant is responsible to report to DAS in writing immediately any changes in Participants and vehicles in the Carpool. Participants added or removed from the Carpool before the fifteenth of the month will affect the Carpool rate for that month. Participants added or removed from the Carpool after the fifteenth of the month will affect the Carpool rate for the following month.

(7) A Carpool or parking space assignment may be transferred within the Carpool from the Primary Participant to another State Employee Participant who has been a member of the Carpool for a minimum of six months, so long as the group continues to meet the conditions outlined in section (4) of this rule. The new Primary Participant must submit in writing to DAS the composition of the Carpool membership at the time the parking permit or parking space assignment is transferred. The Participants must complete the process in section (3) of this rule.

(8) A permit for a Carpool authorizes parking for only one vehicle in the Carpool Area at any time. A permit for a Carpool is valid only in the vehicle where it is displayed and only for the vehicles registered to the Carpool. Both vehicles violate this rule if more than one vehicle uses or attempts to use the same permit in the qualifying Carpool Area at the same time. DAS limits to six, in any thirty-day period, the number of times a Carpool may call in to be authorized by vehicle license to park without displaying the permit. An oral authorization by DAS to park without displaying a permit is invalid if the numbered permit for the Carpool is found displayed at the same time in another vehicle in the Carpool Area.

(9)(a) Subject to the discretion of DAS, which considers such factors as the wait list, a Parking Facility assignment or a reserved parking space assigned to a Primary Participant in a Carpool may be retained by or transferred to an individual State Employee Participant of the Carpool at the non-Carpool rate if that Participant has been a member of the Carpool for at least the two immediately preceding years, and no other transfer of the Parking Facility assignment or assigned reserved parking space is requested by any other Participant of the Carpool.

(b) DAS will give priority among two or more requesting eligible Participants in the following order to the Participant who:

(A) Was the current Primary Participant of the Carpool;

(B) Has been a continuous member of the Carpool for the longest time; or

(C) Holds the earliest Hire Date.

(10) DAS shall review the incentives available for Carpools from time to time, and DAS may adjust the incentives and provide additional incentives to encourage the use of Carpools. The Carpool incentive reductions are in the Schedule of Base Rates and Charges.

(11) DAS may deny renewal of Carpool parking authorization for violation of this rule. Under OAR 125-090-0130, DAS may cite and prosecute each Participant for any violation of these rules.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0060

Terms Under Which Parking Facilities Are Leased

(1) Parking Facilities are for the parking of motor vehicles and bicycles and other transportation uses as DAS determines are appropriate. In determining the use of Parking Facilities DAS shall first give priority to the needs of State Agencies and State Employees for the transaction of state business. DAS permits parking of State Employee, visitor, service, and State-owned vehicles at Parking Facilities for transacting business in State offices only, unless expressly otherwise authorized by DAS. DAS may authorize the general public to use those parking spaces not required by such Agency and State Employee vehicles.

(2) DAS may determine the classes and availability of parking spaces in Parking Facilities (reserved, unreserved, metered, or other), and the method for charging users for the parking uses (monthly, daily, metered or other), and where and if display of a permit is necessary in order to lawfully exercise parking authorization. Parking by all persons is subject to availability of parking spaces and these rules.

(3) The State, DAS, and its employees are not responsible for any damage to or loss of a vehicle or its contents or injury to any person arising from the use of Parking Facilities.

(4) DAS conditions all authorization to use Parking Facilities on the requirement that the user comply with these rules and all applicable State and local laws and ordinances.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0070

Payment for Monthly Use of Parking Facilities

(1) State Employees, who are in the State payroll system, shall pay for monthly use of Parking Facilities by payroll deduction. The deduction must be authorized in writing by the State Employee on the form prescribed by DAS as part of the parking application process. This authorization shall remain in force until the parking permit is terminated or the employee terminates State employment or is otherwise ineligible for the parking assignment. Monthly payroll deductions are made automatically in arrears and are made from a State Employee’s final payroll check for parking charges incurred for any part of a final month. A State Employee requesting a payroll deduction for parking charges is solely responsible for the content of the payroll deduction request and for verifying the accuracy of the amount of a payroll deduction. A State Employee shall notify the manager of any disputed payroll deduction for parking charges not later than 15 days after the date of the deduction.

(2) State Agencies shall pay DAS in arrears for monthly parking charges monthly or as otherwise authorized by DAS in the parking application process.

(3) Other eligible Parking Facility users not included in subsections (1) and (2) may pay for monthly parking charges by check, money order, or debit/credit card for the exact amount due. Payment by this method is due in advance by the first calendar day of each month. If payment is not received by the fifth calendar day of the month, the parking permit is void and the parking assignment is immediately cancelled. Such payment must be made in person or by mail or, when available, on line to the Parking and Commuting Services Office at the address listed in Exhibit 1 to these rules.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0080

Payment for Daily Use of Parking Facilities

(1) Parking Facility users may obtain single daily parking permits or booklets from DAS at the address listed in Exhibit 1 to these rules. Payment may be made in advance, in person, in cash or by check, money order or debit/credit card, or on-line, when available. The permit is valid when properly displayed on the date stated on the permit or when properly completed and displayed if purchased in booklets. A valid daily permit authorizes the bearer to park as specified on the back of the permit, or as otherwise authorized by DAS at issue of the permit or on the date of completion.

(2) Users of Parking Facilities equipped with permit vending machines (pay-and-display) may obtain daily and part-day parking permits from the machines using a debit/credit card. The permit is valid when properly displayed on the date stated on the permit.

(3) Parking Facility users may pay for daily parking at metered spaces with a cash key or the proper deposit of coin. Cash keys are available at the Parking and Commuting Services office.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 6-2001, f. & cert. ef. 11-1-01; DAS 2-2002, f. & cert. ef. 7-30-02; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0090

Permit Cancellation; Refunds; Replacement Permits

(1) A permit holder may cancel a monthly permit at any time for any reason, by providing notice in writing to Parking and Commuting Services and returning any permit or placard issued by DAS. The notice must specify the DAS assigned permit number to be cancelled and the effective date of the cancellation. The permit holder is obligated to pay for the permit until notice of cancellation is received by DAS.

(2) DAS will refund payment only for any unused time on monthly permits as follows:

(a) DAS shall prorate to the nearest dollar any refund due the individual surrendering a monthly permit, based upon the number of days unused on the day the permit is received in the Parking and Commuting Services office.

(b) DAS will not prorate charges or refund payment for any other permit.

(c) DAS shall refuse to consider any dispute about a parking charge presented more than 15 days after the payment.

(3) A permit holder canceling a permit to use any of the secured facilities, rooms or lockers for bicycle parking is not entitled to any refund of the current year's annual charge. Any key issued to a permit holder for bicycle parking in a Parking Facility is DAS property. The permit holder must return the key to DAS when the permit expires or is cancelled. Upon receipt of the key DAS will refund any key deposit paid.

(4) A monthly permit issued to a State Employee is cancelled effective the date the permit holder’s employment or other agreement for services to the State ends.

(5) Placards and decals issued by DAS are the property of DAS and must be removed from the vehicle and returned to the Parking and Commuting Services Office with any application for a refund. Refunds are computed from the date the permit is returned or DAS deems it lost or stolen.

(6) DAS may provide replacement permits to monthly parking permit holders at the charge stated in OAR 125-090-0140. Permit holders making a request for replacement permits for:

(a) Newly acquired vehicles or to replace damaged permits are required to remove the existing permit and return it to the Parking and Commuting Services Office. DAS may not make a replacement under this subsection if holder is unable to produce evidence of the damaged permit.

(b) To replace lost or stolen permits, permit holders are required to sign a statement attesting to the circumstances of the loss or theft. Permit holders are required to contact the Parking and Commuting Services Office immediately upon discovery of the loss or theft of a permit. A replacement permit will be issued only for the vehicle from which the permit has been stolen, unless the vehicle was stolen.

(7) DAS reserves the right to terminate immediately upon notice to the permit holder, or at such later date as DAS may establish in such notice, a monthly or reserved permit when it is in the best interest of the State to do so.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0100

Other Parking and Transportation Uses Provided; Visitor with Disabilities

Notwithstanding OAR 125-090-0010 through 125-090-0090, DAS may provide the following types of parking and other transportation uses in Parking Facilities:

(1) Reserved or unreserved free parking designated for temporary use by persons with disabilities visiting State offices. Vehicles occupying such spaces shall bear a valid and properly placed parking decal or placard issued by ODOT. Visitors with disabilities who need special access to parking to transact business at State offices and State Employees with disabilities who need special access to parking when visiting a State facility not the State Employee’s Official Work Station may ask DAS in advance of the visit or in person at the time of the visit for reasonable accommodation. The DAS address and web site information is published in Exhibit 1 of these rules.

(2) Designated reserved or unreserved free daily or monthly parking for those statewide elected officials who park in Parking Facilities.

(3) Time-limited metered or free spaces for use by persons transacting business in state offices not the person’s Official Work Station.

(4) Free parking spaces designated for the exclusive use of vehicles during the loading and unloading of passengers or cargo, and reserved for the exclusive use of Service Vehicles.

(5) Spaces designated by special use agreement for parking and other Parking Facility uses to benefit the general public, the local community or the State. DAS may make special use permits available if the issuance of the special use permit does not displace a paid permit holder. Parking availability is the decision of the Manager or designated staff. For some uses, DAS may require a written agreement with regard to permit distribution, charges, and related considerations.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0110

Priority of Assignment; Reassignment; Waiting Lists

DAS finds that there is more demand for motor vehicle parking than space available in Parking Facilities. Subject to subsection (11) of this rule, DAS shall reasonably attempt to observe the descending order of Applicant priority in Sections (1) through (9) for assigning vacant monthly motor vehicle parking spaces in Parking Facilities. The Manager may, in the Manager’s sole discretion determine whether or not a parking space is vacant or available for assignment under this rule.

(1) State Employees with a Disability (see OAR 125-090-0120);

(2) State-owned motor vehicle that receives daily or frequent use, or is regularly used by volunteers or field office personnel;

(3) State Employees whose State Agency certifies that the State Employee must have a vehicle at the work site (only at the request of the director of the State Agency and with the approval of the Manager);

(4) State Employee who:

(a) Requests to return to a parking assignment after leaving the assignment to use alternative modes of transportation for a maximum of three months test period. After three months absence, priority “4” status is removed.

(b) Is currently parking in a Parking Facility and has moved from an Official Work Station at one location to an Official Work Station at another location within the Capitol Mall Parking Area, the Eugene State Office Building or the Portland State Office Building;

(c) Is currently parking in a Parking Facility and has transferred from one State Agency to another within the Capitol Mall Parking Area, the Eugene State Office Building or the Portland State Office Building;

(d) Returns from leave from DAS authorized parking within less than one year (or within the period of active service plus 30 days if absent from state employment more than a year by reasons of service in the uniformed services as defined in the USERRA (38 U.S.C. 4301-4333)). For purposes of this rule, a State Employee on leave without pay from State employment for one or more pay periods is on leave from DAS authorized parking until returned to the State payroll system; or

(e) Is currently parking in a Parking Facility and asks for reassignment to a reserved space within the same Parking Facility.

(5) Carpool vehicles -- Primary Participant with three or more other Participants;

(6) Carpool vehicles -- Primary Participant with two other Participants;

(7) Carpool vehicles -- Primary Participant with one other Participant;

(8) State Employee single occupant vehicle;

(9) A single occupant vehicle with no State Employee.

(10) DAS may maintain a waiting list for persons interested in parking at a Parking Facility and at a particular reserved space within a Parking Facility. DAS will consider the priority level of the Applicant and Applicant’s position on the waiting list based on the date of the request when making a parking assignment. Manager may, by policy, limit the number of waiting list positions that one person may hold simultaneously.

(11) DAS has the exclusive power to assign and reassign use of space in Parking Facilities. DAS reserves the right to limit the use of a Parking Facility at or near a State Agency office to the parking needs of the nearby State Agency and the State Agency’s employees. The Manager may temporarily or permanently reassign reserved spaces, at any time upon notice to permit holder, when the Manager determines reassignment is in the best interest of the State. Reassignment may include a different space and a different Parking Facility.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 6-2001, f. & cert. ef. 11-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0120

General Rules; Parking for State Employees with Disabilities and Other Particular Rules

(1) Persons operating vehicles in Parking Facilities shall be familiar with and follow these rules. Copies of these rules are available at the address listed in Exhibit 1.

(2) Users of all Parking Facilities shall observe the following general rules:

(a) A person may not stop or park a motor vehicle in a Parking Facility at a time or in an area not specifically designated for parking motor vehicles. Unattended vehicles are permitted only in designated parking spaces.

(b) The basic speed rule (ORS 811.100) applies to use of all vehicles in all Parking Facilities.

(c) Pedestrian traffic has the right of way over vehicular traffic in any place in the Parking Facilities.

(d) The maximum speed is ten miles per hour unless otherwise posted at a lower speed.

(e) Users shall obey all directional arrows, signs, traffic control devices and other posted instructions.

(f) Motor vehicle maintenance and repair is prohibited in Parking Facilities without the prior approval of DAS.

(g) A person may not use Parking Facility property for the purpose of storing an inoperable motor vehicle or other personal property, including bicycles. Vehicles that have broken down in a Parking Facility and that cannot be removed must be reported at once to DAS. Inoperable vehicles must be removed from the Parking Facility within 24 hours, or will be subject to removal at the owner's expense. Bicycles stored in violation of this section are subject to the process in OAR 125-090-0150. Other personal property stored at a Parking Facility longer than five consecutive days will be considered unclaimed property under State law and subject to removal at the owner’s expense.

(h) Persons may park in designated loading zones only while loading and unloading people and goods, not to exceed 15 minutes unless otherwise posted.

(i) Use of skateboards, roller blades, roller skates, in-line skates or similar devices is prohibited in Parking Facilities. DAS may allow an exception to this rule for State-sponsored and supervised classes, programs and events.

(j) Each Parking Facility user is individually responsible to secure that user’s vehicle and its contents from theft.

(k) Except as authorized in advance by DAS, a person may not use Parking Facilities premises, including utility connections, for any purpose other than vehicle parking.

(l) Vandalism is prohibited at all times.

(m) Any person who trespasses in a Parking Facility may be subject to arrest for criminal trespass under ORS 164.243 or 164.245 or applicable local law or ordinance.

(n) A person issued a permit shall display it according to the instructions DAS provides with the permit.

(o) A person shall not display a forged or altered permit, or display a permit reported lost or stolen.

(p) Except as DAS authorizes for statewide elected officials and for persons engaged in official DAS business and as authorized under OAR 125-090-0160(2), no State Employee may park a motor vehicle for free at any unmetered Parking Facility space in the Capitol Mall Parking Area.

(q) State Employees may use metered visitor spaces at the employee’s Official Work Station with proper payment.

(3) Users of the following types of Parking Facilities and permits shall observe these additional rules:

(a) Parking for State Employees with Disabilities.

(A) On request from a State Employee with a Disability otherwise eligible to park in a Parking Facility, DAS will provide a parking space in the Parking Facility as close as reasonably possible to the building entrance of the person’s Official Work Station. DAS may temporarily assign a State Employee with a Disability to a visitors' disabled accessible space or metered space at the monthly charge appropriate for the space assigned.

(B) In order to receive a State Employee with a Disability parking assignment under this rule or priority assignment under OAR 125-090-0110(1), a State Employee must hold a valid disabled person parking permit issued by ODOT under ORS 811.602.

(C) A State Employee with a Disability is prohibited from using an ODOT disabled person parking placard or decal at a Parking Facility within three blocks of the State Employee’s Official Work Station unless expressly otherwise authorized by DAS.

(b) Reserved Parking Space.

(A) A reserved space in a Parking Facility is reserved to the permit holder for parking only on weekdays, unless otherwise posted.

(B) A permit holder or the holder’s designee named in writing at DAS may contact Parking and Commuting Services to report an unauthorized vehicle in the permit holder’s reserved space. When a reserved space is occupied by an unauthorized vehicle, DAS will authorize the displaced vehicle to park at a nearby Parking Facility and will cite the unauthorized vehicle.

(c) Unreserved Unmetered Parking Facilities.

(A) All persons parking in unreserved unmetered spaces in Parking Facilities must display a valid permit for the Parking Facility where the vehicle is parked. Parking permits for unreserved spaces in Parking Facilities are valid only when displayed as instructed by DAS and clearly visible at all times.

(B) A holder of a permit to an unreserved Parking Facility that is full may park in an available space in another unreserved Parking Facility with a call or voice mail message to DAS. The call or message must include the permit holder’s name, permit number, vehicle license number, time of the call or message, which Parking Facility is full, and where the vehicle is parked.

(d) Metered Spaces.

(A) Except as otherwise authorized by DAS, a person may park at a parking meter only with proper payment.

(B) Meters are enforced at the times and days posted on the individual meters.

(C) Vehicles must be parked head-in at metered parking except at parallel parking spaces.

(e) Motorcycle permits allow motorcycles, power scooters and mopeds to be parked at any time in areas designated as “Motorcycle Parking” in any Parking Facility. Motorcycle, power scooter, and moped parking is prohibited in spaces designated for bicycle parking.

(f) Service Vehicles identified with the name of the company on the vehicle may park in designated service spaces for the posted time limits while providing services to State Agencies. Unmarked Service Vehicles must display a valid DAS permit to park at a designated service space. No Service Vehicle, marked or unmarked, is permitted to park for free at any other space or metered area.

(g) Visitors may park at any metered space with proper payment. Visitor parking spaces are provided in some Parking Facilities and in posted spaces. Visitor permit holders shall not park in reserved or otherwise use-limited spaces, loading zones, fire lanes, or no-parking zones.

(h) Bicycles.

(A) A person shall not park a bicycle in any Parking Facility except in those areas specifically designated by the presence of racks or other devices for the parking of bicycles or by the posting of signs designating the space or area as a “bicycle parking area.”

(B) Bicyclists shall secure their bicycles from theft through the use of locks or chain devices.

(C) Bicycles may be parked with a paid permit in secure Parking Facilities and bicycle rooms and lockers. Bicycles may be parked without displaying a paid permit at racks located in the public parking areas in Parking Facilities.

(D) Bicycles parked in any area designated for motor vehicle parking, or chained to signposts, stairwells, trees or other structures not designated for bicycle parking are subject to being removed at the owner's expense, without notice and impounded according to OAR 125-090-0150.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0130

Enforcement

(1) The Department shall investigate and administer the application of these rules in the designated Parking Facilities, with its own personnel or it may enter into agreements with other State Agencies, public jurisdictions or private concerns to provide such services.

(2) The Department may enter into agreements with local jurisdictions to adjudicate parking citations issued in accordance with these rules.

(a) Such an agreement exists with the City of Salem to cover the Parking Facilities in the City of Salem, in accordance with Salem Revised Code, Chapter 102. Citations shall be processed and prosecuted in the Municipal Court of the City of Salem.

(b) Such an agreement exists with Multnomah County to cover the Parking Facilities at the Portland State Office Building. Citations shall be processed and prosecuted in the District Court of the State of Oregon for Multnomah County.

(c) Such an agreement exists with the City of Eugene to cover the Parking Facilities within the City of Eugene. Citations shall be processed and prosecuted in the Municipal Court of the City of Eugene.

(3) Parking Facilities shall be subject to all local parking and traffic ordinances. Such ordinances are adopted and made a part of this rule.

(4) Bails and penalties shall be as indicated on the citation.

(5) Vehicles found to be in violation of these rules may be impounded in place or towed away. If, within three days after a vehicle has been impounded, no person has appeared to claim and establish ownership or right to possession thereof, the Department shall research the name and address of the person entitled to possession of such vehicle and send notice to such person by mail at his or her last known address. The notice will indicate the location of the impounded vehicle, the amount of the delinquent parking fees, fines, bail costs, penalties, impoundment costs and other accrued charges against the same, and shall ask if the owner wishes to regain possession of the vehicle by paying such costs. Release of the vehicle will be made only upon receipt of such payment. Unclaimed vehicles will be disposed of in accord?ance with law.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0135

Refusal to Issue or Renew; Appeal Process

(1) DAS may refuse to authorize parking to, and may refuse to renew the authorization of, any person who in the previous six months:

(a) Made a material misrepresentation or false statement in the application or certification for a permit,

(b) Failed to comply with a condition of a permit,

(c) Displayed a forged or altered permit or a permit reported lost or stolen,

(d) Failed to pay the appropriate charges for Parking Facilities use,

(e) Caused damage to Parking Facilities property, or

(f) Failed to comply with the recertification requirements of a permit.

(2) DAS may refuse to issue or to renew authorization for any of the reasons stated in this rule only after giving notice and opportunity for a hearing. DAS shall send a notice to Applicant by certified mail and by e-mail, when available, of DAS’s intent to refuse to issue or renew authorization to park. DAS shall send the notice to the mail and e-mail addresses in the refused application or last address on file with DAS.

(3) The Manager shall provide an opportunity for a hearing of disputed refusals to issue or renew if requested in writing by the appealing party. The request for hearing on a refusal to issue or renew must be received by the Department within 14 days of the notice. The Manager shall conduct such hearing without formal rules of evidence and shall provide an opportunity for presentation of circumstances surrounding the disputed decision. The Manager shall issue a decision in writing after the hearing. The Manager is not required to make findings of fact and conclusions of law. The Manager’s decision is final.

(4) When DAS has refused to renew a parking permit, a permit holder shall immediately return all permits and placards to DAS.

(5) A person whose authorization to use Parking Facilities is refused or not renewed under this section is not eligible to apply for use of Parking Facilities for a period to be determined by Manager based on the facts of the circumstances of the refusal or non-renewal and whether the person has previously been the subject of refusal or non-renewal by DAS.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented: ORS 98.805, 184.340 & 276.594
Hist.: DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0140

Schedule of Base Rates and Charges for Parking Facilities

Exhibit 3 contains the Schedule of Base Rates and Charges for Parking Facilities adopted by DAS pursuant to OAR 125-090-0005 and 125-090-0020. Unless otherwise specified in the Schedule, the rates published in the Schedule supersede all previously published schedules for parking and other Parking Facility uses subject to these rules.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DASII 1-1996, f. & cert. ef. 3-1-96; DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01; DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01; DAS 6-2001, f. & cert. ef. 11-1-01; DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0150

Authority to Remove or Impound Bicycles

(1) DAS may impound any bicycle parked in violation of OAR 125-090-0120(3)(h)(D) or causing a safety hazard in a Parking Facility or any bicycle abandoned in a Parking Facility by locking it at the Parking Facility or removing it to an impounded storage area. A bicycle left overnight longer than seven consecutive days without authorization from DAS Parking is considered stored in violation of these rules. Bicycles stored at a Parking Facility in violation of these rules and bicycles not removed from a secure space for more than thirty days after a bicycle permit expires will be considered abandoned.

(2) DAS shall reasonably attempt to leave a notice with DAS contact information at a bicycle locked at the Parking Facility and at a site from which DAS removed a bicycle. DAS shall send notice of impoundment as soon as practical and whenever reasonably possible to the owners of all bicycles impounded under this rule.

(3) DAS shall use the State law for the disposition of unclaimed property to dispose of bicycles unclaimed after impound, and those bicycles left abandoned thirty days or more after a bicycle permit expires.

Stat. Auth.: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 98.805, 276.591, 276.594 & 276.601
Hist.: DAS 7-2009, f. & cert. ef. 7-1-09

125-090-0160

Alternative Transportation Modes Incentive Programs

(1) DAS may provide incentive programs to encourage the use of alternative modes of transportation. The goals of these programs are to reduce traffic volume and parking demand, improve air quality, and reward the efforts of State Employees who leave their cars at home.

(a) DAS may provide these incentives from Parking Facility receipts. The program incentives are subject to available funding. DAS may increase or reduce incentives provided and the number of program participants.

(b) To receive the incentives an Applicant must meet the applicable program requirements, complete the application process, and pay any applicable charge.

(2) DAS administers the following incentive program for State Employees: The Smart Commuter Program is available to State Employees. Smart Commuter Program participants receive Smart Commuter Parking Passes and other incentives as DAS may provide.

(a) To be eligible to participate in the Smart Commuter Program, an Applicant must meet all of the following requirements each year:

(A) Be a State Employee whose Official Work Station is in the Capitol Mall Parking Area or the Portland State Office Building.

(B) Use an alternative mode of transportation to commute to the Official Work Station more than half of the Applicant’s working days each month. Any one or combination of the following alternative transportation modes qualifies (motorcycle and Carpool transportation is not an alternative transportation mode): public transit, rail, van pool, commuter bus, bicycle, or walk from home or from a park and ride lot; and

(C) Complete the certification in the application form and annually thereafter; and

(D) Agree to abide by the Smart Commuter Program rules.

(b) State Employees who lease parking in a private or public lot or who are Participants in a Carpool or participate in a carpool with assigned parking in a City of Salem Carpool Area are not eligible for the Smart Commuter Program.

(c) All of the following apply to the incentive given to Smart Commuter Program participants:

(A) Program incentives include Smart Commuter Parking Passes for use on not more than two business days per month when validated.

(B) A participant in the Smart Commuter Program may use each Pass to park a motor vehicle for a work day in Parking Facilities designated in Exhibit 2 for unreserved parking, and at two-hour metered areas in the Capitol Mall Parking Structure, and as otherwise specified by DAS on the Pass.

(C) The Pass must be validated by marking the date it is used. There is no carryover of unused days from one month to the next.

(D) A Pass is not transferable and is not replaceable, if lost or stolen.

(E) A Smart Commuter Program participant must notify DAS in writing when the individual changes agency employment or is no longer eligible for the Smart Commuter Program. Passes expire when the State Employee ceases to be eligible to participate. Expired Passes are invalid and users may be cited.

(F) Smart Commuter Program participants must recertify eligibility each June for renewed participation for the next twelve months.

Stat. Auth.: ORS 184.340, 276.591 - 276.601 & 283.100
Stats. Implemented ORS 276.591, 276.594 & 276.601
Hist.: DAS 7-2009, f. & cert. ef. 7-1-09

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