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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 75

FARM MEDIATION

 

603-075-0005

Definitions

As used in these regulations, unless the context requires otherwise:

(1) "Agricultural producer" means a person who owns or is purchasing agricultural property for use in agriculture, whose gross sales in agriculture averaged $20,000 or more for the preceding three years.

(2) "Agricultural property" means real property that is principally used for agriculture.

(3) "Agriculture" means the production of livestock, poultry, field crops, fruit, dairy, fur bearing animals, Christmas trees, food fish or other animal and vegetable matter.

(4) "Coordinator" means the Director of Agriculture or a designee of the Director of Agriculture.

(5) "Creditor" means the holder of the mortgage or trust deed on agricultural property, a vender of a real estate contract for agricultural property, a person with a perfected security interest in agricultural property or a judgment creditor with a judgment against an agricultural producer.

(6) "Financial analyst" means a person knowledgeable in agriculture and financial matters that can provide financial analysis to aid the agricultural producer in preparing the financial information required under Chapter 967 of Oregon Laws, 1989 (printed following ORS 36.210). Financial analysts may include Oregon State University extension agents or other persons approved by the Coordinator.

(7) "Mediation" means the process by which a mediator assists and facilitates an agricultural producer and a creditor in a controversy relating to the mortgage, trust deed, real estate contract, security interest, or judgment that the creditor has in the agricultural property of the agricultural producer in reaching a mutually acceptable resolution of the controversy, and includes all contacts between the mediator and the agricultural producer or the creditor until such a time as a resolution is agreed to by the agricultural producer and the creditor, or until the agricultural producer or the creditor discharges the mediator.

(8) "Mediation service" means a person selected by the Coordinator to provide mediation under Oregon Laws, 1989, Chapter 967 (printed following ORS 36.210).

(9) "Mediator" means an impartial third party who performs mediation.

(10) "Person" means the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

603-075-0015

Qualifications for Financial Analyst

(1) Persons approved by the Coordinator to serve as financial analysts must be able to demonstrate by experience and/or training:

(a) Working knowledge of Oregon's agricultural industry;

(b) Working knowledge of principles of agricultural finance;

(c) Working knowledge of general accounting practices;

(d) The ability to conduct detailed financial analysis of farming operations;

(e) Other qualifications as determined by the Coordinator.

(2) Persons serving as financial analysts may include but are not limited to Oregon State University extension agents, approved by the Extension Service Director, other government employes, and private consultants, as approved by the coordinator.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0025

Mediator Training Guidelines

The training of impartial mediators shall include the following topic areas:

(1) Procedures to follow in conducting a mediation session;

(2) Skills important to successful mediation;

(3) Current agricultural, legal and financial issues;

(4) Other, as determined by the Coordinator.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0050

Process for Selection of Mediation Service

(1) The Coordinator shall select such mediation service(s) for the agricultural mediation program based upon the criteria as established by these rules. The Coordinator shall make this selection based upon the following criteria:

(a) Demonstrated knowledge of agricultural financial aid sources, practice and procedures;

(b) Demonstrated knowledge of creditor's and borrower's rights law in the state of Oregon;

(c) Demonstrated ability to conduct actual mediation(s) with analysis of the results;

(d) Evidence of at least eight hours of training in farmer/creditor mediation dynamics;

(e) Demonstrated ability to provide adequate personnel to perform a minimum of two mediations per month in the geographical area which the mediation service proposes to provide its services.

(2) The Coordinator may revoke or withdraw the selection of a mediation service if it is later determined that the above criteria have not been or are not being adequately met.

(3) The requirements established above are those requirements for the initial period of mediation service ending December 31, 1990. Prior to the expiration of that period, the Coordinator may adopt, if necessary, further detailed requirements for agricultural debtor/creditor mediation. The Coordinator may, in establishing mediator qualifications, consider those guidelines for mediator standards and training as adopted by the Dispute Resolution Commission.

(4) The agriculture mediation service(s) shall be selected by the Request for Proposals (RFP) method.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0100

Fees for Agricultural Mediation Services

(1) Fees per participant shall be established at between $20 and $30 per hour, at the discretion of the Coordinator. In no event shall fees exceed $30 per hour per participant.

(2) The fees to be charged per participant shall be reviewed annually by the Coordinator to determine the appropriateness of such fees and whether the fees should be increased or decreased based upon the overall financial status of the program.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0110

Method of Advertising Mediation Services

(1) The Coordinator shall prepare and publish information sheets describing the mediation program, including but not limited to description of the mediation service(s), costs to participants, manner of application and other information as the Coordinator shall deem necessary to ensure adequate knowledge of mediation services.

(2) Information sheets shall be available and distributed to Oregon State University extension offices, financial institutions, commodity organizations and any other entities who make a request for such materials.

(3) The Coordinator may use other appropriate means of advertising of the mediation program, including but not limited to, print and electronic media, posters and other means of public information.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0120

Application for Mediation

(1) An eligible agricultural producer or creditor shall initiate mediation by an application to the mediation service on forms provided by the service. The mediation request shall include all statutorily required information as described in Oregon Laws, 1989, Chapter 967, Subsections 5(2) and (3) (printed following ORS 36.210) and any additional information the mediation service shall require.

(2) The mediation service shall, within ten days of the receipt of a request for mediation, give written notice of the request to any person who is identified in the request as parties to the dispute or controversy. The notice shall include that information required in Oregon Laws, 1989, Chapter 967, Subsection 5(5). The recipient shall have ten days from receipt of the notice to advise whether the recipient wishes to engage in the mediation. A response in favor of mediation shall include the same information as that required by those parties who initiate mediation.

(3) If the recipient of the notice described above does not wish to engage in mediation, the recipient may, but is not required to, inform the mediation service. Failure to advise the mediation service in writing shall constitute a denial of mediation as to that recipient.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0130

Confidentiality of Mediation

(1) All mediations conducted are subject to the confidentiality requirements set forth in Oregon Laws, 1989, Chapter 967, Section 8 (printed following ORS 36.210).

(2) Breach of confidentiality by a mediator or mediation service shall be cause for revocation of a mediator's approval or cancellation of a mediation services' contract.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

 

603-075-0140

Reporting Procedures

(1) The coordinator shall prepare for the Director of Agriculture and other interested parties an annual evaluation report which addresses, but is not limited to, the following subjects:

(a) The effectiveness of the mediation program subject to this Administrative Rule;

(b) Recommendations, if any, for improving the delivery of mediation to agricultural resources;

(c) A comparison of the actual costs of operating and administering the mediation program in relation to the estimated costs;

(d) The estimated savings generated as a result of using mediation to resolve a controversy related to agricultural property rather than using remedies available under ORS 86.010 to 86.990, 87.001 to 87.920, or 88.710 to 88.740;

(e) Other subjects that may be required of any federal agency providing financial assistance for the operation and administration of the mediation program.

(2) Should any federal agency provide financial assistance for the operation and administration of the mediation program subject to this Administrative Rule, the coordinator will:

(a) Comply with the standards for financial management and reporting, and for program performance reporting found at 7 CFR Parts 3015 and 3016;

(b) Provide an audit report to the applicable Federal Agency(s) annually or biennially as applicable under OMB Circular A-128;

(c) Comply with the provision of 7 CFR 1901 Subpart E, "Civil Rights Compliance Requirements", 7 CFR Part 15, "Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture -- Effectuation of Title VI of the Civil Rights Act of 1964", 7 CFR Part 15b, "Nondiscrimination on the Basis of Handicap on Programs and Activities Receiving or Benefiting from Federal Financial Assistance", and 45 CFR Part 90, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance".

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90

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