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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON STATE MARINE BOARD

 

DIVISION 1

PROCEDURAL RULES

250-001-0000

Notice of Proposed Rule

Prior to adopting, amending, or repealing a permanent rule, the State Marine Board will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule.

(2) By mailing or emailing notice to persons on the State Marine Board's interested parties list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By emailing a copy of the notice to the legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

(4) By sending notice to the following persons and organizations:

(a) State and federal agencies, if affected;

(b) Port and park and recreation districts in the area affected; and

(c) City and county officials in the area affected.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 183.335
Hist.: MB 72, f. & ef. 11-4-75; MB 2-1985, f. & ef. 1-29-85; MB 7-1994, f. & cert. ef. 6-1-94; OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0005

Model Rules of Practice and Procedure

(1) The Model Rules of Procedure, OAR 137-003-0501 to 137-003-0700, as promulgated by the Attorney General of the State of Oregon, apply to all contested case hearings conducted by a hearing officer from the Hearing Officer Panel on behalf of the Board.

(2) The Board adopts the current edition of the Model Rules of Procedure, OAR chapter 137, division 1, as promulgated by the Attorney General of the State of Oregon and effective July 1.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Marine Board.]

Stat. Auth.: ORS 830
Stats. Implemented: ORS 183.341
Hist.: MB 68, f. 5-19-75, ef. 6-11-75; MB 78, f. & ef. 8-27-76; MB 3-1978, f. & ef. 4-5-78; MB 1-1982, f. & ef. 3-1-82; MB 4-1984, f. & ef. 1-19-84; MB 4-1986, f. 4-15-86, ef. 4-18-86; OSMB 2-2014, f. & cert. ef. 1-15-14; OSMB 10-2014, f. 10-30-14, cert. ef. 11-1-14

250-001-0010

Availability of the Rules

Pursuant to ORS 830.110(11), the laws and rules of the Marine Board shall be available at the office of the State Marine Board.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; Renumbered from 250-010-0020

250-001-0020

Fees for Furnishing Information

The Marine Board may charge reasonable fees to cover those costs resulting from requests for reproduction of agency records.

(1) Individuals or firms requesting an alphabetical or numerical listing of boat owners, and information concerning their boats, will be charged a fee as follows:

(a) Labels or printouts are $250 for up to 1,000 names printed on labels and/or print-out, plus $25 for each 1,000 additional names or portion thereof. This fee includes the cost of data processing, labels, administrative expense and shipping;

(b) Electronic format - $165 including actual cost of computer generated media, electronic files, staff time involved in research, file review, compiling and duplication, and shipping costs;

(c) An advance deposit to cover the anticipated cost will be required.

(2) The Board may recover actual costs for supplies and staff time for research, file review, compiling and duplication required to provide copies of material, whether printed, computerized or in other media, that was produced by Marine Board or by a vendor under contract to the Marine Board and which is not intended for general distribution. That includes but is not limited to items such as internal reports, studies, engineering drawings, CAD files, maps, computer diskettes, tapes, computer generated media, electronic files, transcripts, or mailing lists. Generally, information is available only in the means (paper, computer program or otherwise) it was created. Exempt: Brochures, booklets and other mass-produced items intended for general distribution are not included as "documents" under this rule.

(a) The standard charge for single page reproduction shall not exceed $.25 per standard 8-1/2 x 11" page, $.35 per 11x17" page, $1.00 per 24x36" drawing sheet (blueprint), $2.50 per 24x36" drawing sheet (bond paper). Double-sided copies count as two pages. Mailing costs include postage fees and actual cost of special mailers required.

(b) The standard charge for duplication of audio and/or video tapes shall be the actual cost of the tapes, staff time involved in research, file review, compiling and duplication, and shipping costs;

(c) The charge for computer diskettes will be actual cost plus staff time required for copying requested files, the actual cost of special mailers and postage;

(d) There will be no charge for an individual request of five or fewer copies of a single 8-1/2 X 11" page;

(e) An advance deposit of up to 50 percent of the estimated total charge may be required for those people or organizations who require a considerable number of reproduced copies.

(3) The Director may reduce or waive the fee for non-profit organizations and government agencies requesting lists or documents in the interest of boating access, safety programs or law enforcement purposes.

(4) For outfitter/guide listings the fees shall be as follows:

(a) Machine reproductions - $.25 per standard 8-1/2 x 11" page. There will be no charge for an individual request of five or fewer copies of a single page;

(b) Machine generated labels or listings - $50 for up to 1,000 names plus $10 for each 1,000 additional names or portion thereof;

(c) Machine generated labels, listings or printouts in other than the standard format - Actual cost of programming, processing and administrative expenses, but not less than $75 for up to 1,000 names, plus $20 for each 1,000 additional names or portion thereof;

(d) The fees charged will be actual cost of electronic media or files, computer diskettes, cost of staff time required for copying requested files, plus actual cost of special mailers and postage.

Stat. Auth.: ORS 195, 283 & 830
Stats. Implemented: ORS 830.110
Hist.: MB 12, f. 3-27-62; MB 8-1978(Temp), f. & ef. 10-5-78; MB 10-1978, f. & ef. 12-21-78; Renumbered from 250-010-0165; MB 16-1984, f. & ef. 12-3-84; MB 2-1986, f. & ef. 1-30-86; MB 1-1997, f. & cert. ef. 4-4-97; OSMB 1-2003, f. & cert. ef. 1-14-03

250-001-0030

Hearings Authorized

The Director, or a designated agent, upon the order of the Board or any member of the Board, with the approval of the Board, may conduct public hearings for the purpose of promulgating special regulations consistent with the safety of the public relating to the operation of boats, when a request for such hearing is received from the governing body of a political subdivision.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & ORS 830.175
Hist.: MB 5, f. 7-13-60; MB 88(Temp), f. & ef. 11-4-77; MB 4-1978, f. & ef. 4-5-78; Renumbered from 250-010-0170

250-001-0040

Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition

The filing of petitions for rulemaking action by the Board shall be in accordance with the Attorney General's Uniform Rule of Procedure set forth in OAR 137-001-0070.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 183.390
Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0050

Policy

(1) It is the policy of the State Marine Board to promote multiple use and enjoyment of waters of the state for a variety of boating activities. The Board recognizes and will uphold to the extent practicable the universal right of the public to navigate and use the waters of the state for boating.

(2) The Board is authorized to regulate through administrative rules boating in specific locations or on specific waterways in the interest of protecting public safety, property, water quality, fish and wildlife resources or for the purpose of reducing excessive congestion and conflict between users, and promoting uniformity of laws pertaining to such use.

(3) The Board will seek to resolve problems arising from or between boating activities on a waterway by using a variety of management measures including education, information, signing, voluntary restrictions or increased law enforcement of existing laws before acting to restrict public use and enjoyment of boats.

(4) It is the policy of the Board to exercise its regulatory authority based upon sufficient information, public testimony or evidence that establishes a demonstrated need to enact administrative rules.

(5) The Board will seek the concurrence and recommendations of affected local jurisdictions and authorities before adopting regulations for local waterways.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.175
Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0060

Scope of Rules

(1) The Board may regulate watercraft on all waters of this state. The Board's primary interest lies in waterways where public access for boating is provided, available, allowed, or reasonably accomplishable and is commonly or frequently used by the general boating public.

(2) The Board will not normally regulate waters of this state which are surrounded exclusively by privately owned lands, are sufficiently small so as to preclude access or severely limit public boating use, or are inaccessible to the general boating public by ordinary and usual means.

(3) Restrictions on boats and boat operations adopted by the Board in compliance with statutory authorization shall apply to all watercraft including boats used for commercial activities, excluding:

(a) Watercraft used for the law enforcement activities of authorized public safety agencies;

(b) Search and rescue activities conducted by or under the direction of these agencies; and

(c) Watercraft used for administrative or management functions performed by public agencies with jurisdiction over the subject waters or adjacent lands.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.175
Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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

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