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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF AGRICULTURE,
OREGON SWEET CHERRY COMMISSION

 

DIVISION 30

COMMISSION MAKE-UP, DUTIES OF OFFICERS AND REIMBURSEMENT OF EXPENSES

669-030-0010

Number of Commissioners, Terms

The Oregon Sweet Cherry Commission will consist of 12 commissioners appointed by the Director of the Oregon Department of Agriculture for a term three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. No commissioner will serve more than two full consecutive terms of office. That person may serve again following a minimum of one year off the Commission.

Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: OSCC 1-2004, f. & cert. ef. 1-13-04

669-030-0020

Qualifications of Commissioners

(1) For purposes of this rule:

(a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years.

(b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Sweet Cherry Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of sweet cherries;

(b) A majority of the members will be producers;

(c) At least one member will be a handler;

(d) All members who are not a handler or the public member will be producers.

(3) In addition to the qualifications set forth in subsection (2) of this rule, the number of commissioners from each of the following regions will be:

(a) Three (3) producers from Western Oregon (all areas west of the Cascade Mountains),

(b) Five (5) producers from the Columbia River area (Wasco and Hood River Counties),

(c) One (1) producer from Eastern Oregon, and

(d) Two (2) handlers (one brine processor and one fresh handler).

(4) Notwithstanding subsection (3) of this section, if following reasonable efforts to recruit a member from a particular region, a position remains vacant for more than one meeting, or two months, a person may be appointed at-large and may reside anywhere within the State of Oregon. Once that person's term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section.

Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: OSCC 1-2004, f. & cert. ef. 1-13-04

669-030-0030

Removal of Commissioners

The Commission may recommend that the Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause.

Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: OSCC 1-2004, f. & cert. ef. 1-13-04

669-030-0040

Chair and Other Officers

Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Commission will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or may be removed from that position by vote of a majority of Commissioners. If the Chair, Vice Chair or Secretary/Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. The Secretary/Treasurer will be available to approve and co-sign payments as needed.

Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: OSCC 1-2004, f. & cert. ef. 1-13-04

669-030-0050

Per Diem Compensation

(1) Subject to the availability of funds in the budget of the commission, the Oregon Sweet Cherry 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 $30 per day, pursuant to ORS 292.495(1).

(3) In order to receive compensation, a member must submit to the Oregon Sweet Cherry Commission a written claim for compensation by the 10th day of the 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, 576.206 & 576.416.
Stats. Implemented:
Hist.: OSCC 1-2007, f. & cert. ef 9-26-07

669-030-0060

Reimbursement of Travel and Other Expenses

(1) Subject to sections (2)-(6) of this rule, a member of the Oregon Sweet Cherry 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 Sweet Cherry Commission a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 10th day of the 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) An expense that exceeds $500 dollars must be authorized by the Oregon Sweet Cherry Commission before a member incurs the expense.

(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.

(5) For the purposes of this rule, "travel and other expenses" includes:

(a) Meals.

(b) Overnight lodging.

(c) Transportation.

(d) Postage.

(e) Cost of attending an event associated with promotion of a commodity, such as a festival, stock show, county fair or state fair.

(6) For the purposes of this rule, "travel and other expenses" does not include:

(a) Attendance at a sporting event, concert, theatrical performance, movie, or dance venue, including such events that occur at a fair, festival or stock show.

(b) In-room movie rental.

(c) Snacks and beverages offered for sale by a place of lodging.

(d) Long distance telephone charges at a place of lodging.

(e) Use of a gym or health club.

(f) Cost of a gift for a host, business associate, commission member or employee, or family member.

(g) Alcoholic beverages.

Stat. Auth.: ORS 292.495, 576.206, 576.265, 576.311, 576.416 & 576.440
Stats. Implemented: ORS 292.495, 576.206(7), 576.265.
Hist.: OSCC 1-2007, f. & cert. ef 9-26-07

669-030-0070

Reimbursement for Hiring a Substitute

(1) As used in OAR 669-030-0060, "other expenses" includes expenses incurred by a member of the Oregon Sweet Cherry Commission in employing a substitute to perform duties, including personal duties, normally performed by the member, which the member is unable to perform because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety.

(2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3).

Stat. Auth.: ORS 292.495.
Stats. Implemented: ORS 292.495, 576.206(7).
Hist.: OSCC 1-2007, f. & cert. ef 9-26-07

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