Loading
The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON DEPARTMENT OF AVIATION

 

DIVISION 1

PROCEDURAL RULES

 

738-001-0001

Notice of Proposed Rules

In accordance with ORS 183.341, to provide a reasonable opportunity for interested persons to be notified of proposed actions, prior to the adoption, amendment or repeal of any rule, the Oregon Department of Aviation shall give notice of the proposed adoption, amendment or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 and in accordance with ORS 183.335.

(2) By mailing a copy of the notice to persons on the Oregon Department of Aviation mailing lists for specific interest areas established pursuant to ORS 183.335(8)).

(3) By mailing a copy of the notice to legislators as provided in ORS 183.335(15).

(4) By mailing a copy of the notice to the following:

(a) Associated Press;

(b) Northwest Labor Press;

(c) Associated Oregon Industries;

(d) Capitol Press Room; and

(e) Statesman-Journal newspaper.

Stat. Auth.: ORS 835.112
Stats. Implemented: ORS 183.335 & 183.341
Hist.: AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 1-2004, f. & cert. ef. 2-17-04

738-001-0006

Model Rules of Procedure

Pursuant to ORS 183.341, the Oregon Department of Aviation adopts the following portions of Oregon Administrative Rules Chapter 137 as in effect on October 3, 2001.as the general administrative procedural rules for the Oregon Department of Aviation: division 1, division 2, division 3 excluding OAR 137-003-0001 through 137-003-0092, division 4 and division 5.

Stat. Auth.: ORS 835.112

Stats. Implemented: ORS 183.341

Hist.: AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 1-2004, f. & cert. ef. 2-17-04

738-001-0025

Selection and Hiring of Consultants

The Oregon Department of Aviation adopts OAR 125-025-0000 through 125-025-0110 (effective October 23, 1999), the Department of Administrative Services Rules, Consultant Selection Procedures: Architect, Engineers and Related Professional Consultants. The Model Rules adopted by the Attorney General under ORS 279.049 (OAR 137-035) shall not apply to the Oregon Department of Aviation.

Stat. Auth: ORS 835.112 & 279.712
Stats. Implemented: ORS 279.049
Hist.: 1 OTC 3-1981, f. & ef. 4-21-81; AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 1-2004, f. & cert. ef. 2-17-04

738-001-0030

Model Public Contract Rules

OAR 137-030, Public Procurement Rules, and 137-040, Public Improvement Contracts, from the Attorney General's Model Public Contract Rules as amended March 20, 2002, are hereby adopted by reference as the procedural rules of the Oregon Department of Aviation.

Stat. Auth.: ORS 835.112 & 279.049
Stat. Implemented: ORS 279.049(4)
Hist.: AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 1-2004, f. & cert. ef. 2-17-04

738-001-0035

Public Records Access and Fees

All information in the custody of the Director of the Oregon Department of Aviation shall be disclosed or protected from disclosure in accordance with Chapter 192 of the Oregon Revised Statutes.

(1) Requests for records may be verbal; however, the Oregon Department of Aviation may require the request to:

(a) Be in writing;

(b) Be dated;

(c) Be signed;

(d) Adequately describe the records being requested; and

(e) Indicate the date the records are needed.

(2) A reasonable period of time, as determined by the department, shall be allowed for the records custodian to locate and assemble the requested records.

(3) Unless otherwise provided by statute or other administrative rule, the fees shall be calculated as follows:

(a) $0.20 per page for photocopies;

(b) Actual cost for use of material and equipment for producing copies of non-standard records. "Non-standard" records include, but are not limited to:

(A) Audio tapes;

(B) Video tapes;

(C) Oversize maps; and

(D) Machine readable formats such as computer hard drives, diskettes and magnetic tape.

(c) Costs for labor, which includes locating, compiling, editing or otherwise processing information and records. There shall be no charge for the first 30 minutes of staff time. The labor rate assessed thereafter shall be $15 per hour;

(d) The actual cost for delivery of records such as postage, FAX costs and courier fees; and

(e) $5 for each true copy certification.

(4) Estimated payment or deposit may be requested in advance.

(5) An individual or entity may subscribe to receive copies of State Aviation Board and Board Committee agendas and meeting materials. A fee will be charged to obtain advance paper copies of the meeting materials, to cover the agency's cost for copying and mailing the materials. If the individual or entity receives the meeting materials electronically, there is no charge.

(a) To obtain the paper copies of meeting materials, the individual or entity shall provide a name, contact person (if different), mailing address and daytime telephone number. The subscriber shall pay $120 for twelve mailings (Agendas, meeting materials and any related committee meeting materials). The subscriber will receive the complete board meeting packet and board committee materials. No refund is available after the first mailing has been sent.

(b) An individual or entity that chooses to receive meeting agendas and materials electronically may subscribe by sending an email request to aviation.mail@state.or.us. The email shall include a contact name, the email address of the individual or organization and a daytime telephone number for the contact person. An email subscription continues until cancelled by the subscriber. There is no charge to subscribe electronically.

Stat. Auth.: ORS 835.112, 192.430 & 192.440
Stats. Implemented: ORS 192.410 - 192.505
Hist.: AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02; AVIA 2-2005, f. & cert. ef. 9-23-05

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

© 2013 State of Oregon All Rights Reserved​