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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF FORESTRY

 

DIVISION 65

STATE FORESTER'S RULES

Establishing an Election Process for the Oregon Forest Resources Institute

629-065-0005

Definitions

For purposes of OAR 629-065-0005 through 629-065-0410.

(1) "Forest products processing activity" means an activity, conducted at a facility that converts raw logs to finished products;

(2) "No direct financial interest" means that no more than 10 percent of the gross income of a member of the board of directors is derived from timber or ownership in a timber products processing facility. Ownership in a timber products processing facility does not include the ownership of stock in a publicly held corporation;

(3) "OFRI" means the Oregon Forest Resources Institute;

(4) "OFRI application list" means the list compiled by the State Forester for the purposes of OAR 629-065-0100 and 629-065-0410 which shows persons recommended for consideration of appointment by the State Forester;

(5) "Producer" means a producer of forest products and includes any person, partnership, association, corporation, cooperative or other business entity involved in the growing, harvesting and processing of timber or timber products. 'Producer' does not include landowners who meet the requirements of ORS 526.610.

(6) "Producers organization" means a bona fide organization, designated from time to time by the State Forester, that represents producers of timber or timber products, or organizations representing landowners who meet the requirements of ORS 526.610, a majority of whose members reside in Oregon and whose objectives include public policy participation in statewide issues affecting timber and the timber industry in Oregon. A bona fide organization is one which has a charter, by-laws, membership requirements and which conducts meetings on a regular basis. Organizations meeting this definition include: American Forest Resources Council, Oregon Forest Industries Council, Oregon Small Woodlands Association, Associated Oregon Loggers, Southern Oregon Timber Industries Association, Douglas Timber Operators and Western Hardwood Association;

(7) "State Forester" means the State Forester or the State Forester's designee;

(8) "Substantial portion of income" means that 50 percent or more of the gross income of a member of the board of directors is derived from timber or timber products ownership or affiliation;

(9) "Timber" means wood of a tree species acceptable for reforestation under the Forest Practices Act, ORS 527.610 to 527.730, and measured in board feet in the ordinary course of business and common practice of the timber industry. The wood may be growing or dead, mature or immature, standing or down. "Timber" does not include Christmas trees as that term is defined in ORS 215.203 or 321.267;

(10) "Timber products" means a commodity which is the result of growing, harvesting or processing timber and is measured in board feet in the ordinary course of business and common practice of the timber industry.

Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 526.610(2)(a)
Hist.: FB 6-1991(Temp), f. & cert. ef. 10-4-91; FB 3-1993, f. & cert. ef. 2-23-93; FB 7-1996, f. & cert. ef. 10-1-96; DOF 4-2004, f. & cert. ef. 5-4-04

629-065-0200

Duty of the State Forester to Appoint/Remove OFRI Members of the Board

(1) It is the duty of the State Forester to appoint fully qualified members to the Oregon Forest Resources Institute Board of Directors as vacancies occur.

(2) The members of the board of directors of the Oregon Forest Resources Institute shall be appointed for a term ending three years from the date of the expiration of the term for which the member's predecessor was appointed. If there is a vacancy on the board of a voting member, other than a vacancy caused by expiration of a term, the State Forester shall fill the vacancy for the remainder of the unexpired term with a person who represents the same producer or landowner size class, as described in OAR 629-065-0210(1), as the member whose term was vacated.

(3) The State Forester shall immediately declare the office of any member of the board of directors vacant whenever the member becomes a resident of another state or is unable to perform the duties of office.

(4) The State Forester may remove any member of the board of directors for neglect of duty or misconduct in office. Prior to such removal the State Forester shall serve upon such member a copy of the reasons for dismissal. Such member may request a public hearing where the member shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer and explain the facts alleged.

(5) In making the appointments, the State Forester shall take into consideration any nominations or recommendations made to the State Forester by producers or organizations that represent producers.

Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 526.610(2)(a)
Hist.: FB 6-1991(Temp), f. & cert. ef. 10-4-91; FB 3-1993, f. & cert. ef. 2-23-93; FB 7-1996, f. & cert. ef. 10-1-96; DOF 4-2004, f. & cert. ef. 5-4-04

629-065-0210

Make Up of Board - Representation

The board shall consist of 11 voting members plus two nonvoting members appointed as follows:

(1) Three voting members to represent small producers of 20 million board feet or less per year.

(2) Three voting members to represent medium producers of more than 20 million board feet but less than 100 million board feet per year.

(3) Three voting members to represent large producers of 100 million board feet or more per year.

(4) One voting member who is an owner of between 100 and 2,000 acres of forestland and who has no direct financial interest in any forest products processing activity.

(5) One voting member who is an hourly wage employee of a producer or a person who represents such employees. The member appointed under this subsection need not comply with the requirements of ORS 526.615(3) to (6).

(6) Two nonvoting members:

(a) The Dean of the College of Forestry at Oregon State University.

(b) An individual jointly appointed by the President of the Senate and the Speaker of the House of Representatives to represent the public. The public representative may not be a member of or significantly affiliated with any organization of or business in the timber industry or any organization or business known to support or promote environmental or conservation issues. A person appointed under this subparagraph serves at the pleasure of the President of the Senate and the Speaker of the House of Representatives.

(c) Members referred to in this subsection are not subject to ORS 526.615 to 526.625.

Stat. Auth.: ORS 526.041
Stats. Implemented: ORS 526.610(2)(a)
Hist.: DOF 4-2004, f. & cert. ef. 5-4-04

629-065-0220

Qualifications

Each voting member of the board of directors of the Oregon Forest Resources Institute shall have the following qualifications:

(1) Be a citizen of the United States.

(2) Be a bona fide resident of this state.

(3) Be a producer in this state, an employee of such a producer or own between 100 and 2,000 acres of forestland in this state on which harvest taxes are paid, but have no direct financial interest in any forest products processing activity.

(4) Have been actively engaged in producing forest products for a period of at least five years.

(5) Derive a substantial proportion of income from the production of forest products.

(6) Have demonstrated, through membership in producers' organizations or organizations representing landowners who meet the requirements of ORS 526.610 (4), a profound interest in the development of Oregon's forest products industry.

Stat. Auth.: ORS 526.041
Stats. Implemented: ORS 526.610(2)(a)
Hist.: DOF 4-2004, f. & cert. ef. 5-4-04

629-065-0400

Application for OFRI Board Member

(1) The State Forester shall annually solicit applications for the OFRI board of directors. The solicitation shall be by publication in a newspaper of general statewide circulation, by solicitation to the OFRI Board of Directors and by solicitation to those producers' organizations that request the State Forester to provide such notice.

(2) The State Forester shall supply applications to all those requesting them. Applications must be submitted during the nomination period specified by the State Forester in the solicitation.

(3) The applicant must certify in the application that he/she meets the qualifications for the position, and has a written statement from a bona fide producer's organization confirming membership, a letter of recommendation from a bona fide producer's organization and provides information that demonstrates a profound interest in the development of Oregon's forest products industry.

Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 526.610(2)(a)
Hist.: FB 6-1991(Temp), f. & cert. ef. 10-4-91; FB 3-1993, f. & cert. ef. 2-23-93; FB 7-1996, f. & cert. ef. 10-1-96; DOF 4-2004, f. & cert. ef. 5-4-04

629-065-0410

Appointment Generally

(1) Prior to appointing a member to the OFRI board, the State Forester shall furnish names of all applicants to the State Forester to the current OFRI Board for their review and comment.

(2) The State Forester shall appoint the best qualified applications to fill vacant positions with due consideration of comments provided by the current OFRI Board and in consideration of the geographic diversity of Oregon's forests.

(3) Upon appointment, the State Forester shall notify the appointees and other applicants of the results.

(4) The State Forester shall within 5 working days of appointments send a certification letter to the Executive Director of OFRI.

Stat. Authr: ORS 526.041
Stats. Implemented: ORS 526.610(2)(a)
Hist.: DOF 4-2004, f. & cert. ef. 5-4-04

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