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The Oregon Administrative Rules contain OARs filed through July 15, 2016
 
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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

Uniform and Model Rules of Procedure

(1) Pursuant to ORS 183.341(2), the Oregon Department of Aviation adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, OAR chapter 137, divisions 1 through 5 to govern its rulemaking and contested cases or equivalent proceedings.

(2) Pursuant to ORS 183.341, the Oregon Department of Aviation adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, OAR chapter 137, divisions 46 through 49 to govern its procurement and public contracting.

(3) Sections (1) and (2) above adopt the Model Rules in effect on the date this rule is filed with the Secretary of State.

Stat. Auth.: ORS 835.035 & 835.112
Stats. Implemented: ORS 183.341 & 279A.050
Hist.: AVIA 1-2000, f. & cert. ef. 12-26-00; AVIA 1-2004, f. & cert. ef. 2-17-04; AVIA 1-2015, f. & cert. ef. 7-1-15

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) $0.25 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 15 minutes of staff time. Prorated fees are not available for less than a quarter-hour. The labor rate assessed thereafter shall be:

(A) $60 per hour for managerial staff time;

(B) $50 per hour for professional staff time, and;

(C) $15 per hour for clerical staff time.

(d) Costs may also include the cost of time spent by the Oregon Department of Aviation’s attorney reviewing, redacting, and segregating records at the Oregon Department of Aviation’s request, although the cost of the attorney’s time spent determining the application of the Public Records Law is not a recoverable cost.

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

(f) $5 for each true copy certification.

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

(5) 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.

(6) The Department shall notify a requestor of the estimated costs of making records available for inspection or providing copies of records to the requestor. If the estimated costs exceed $25, the Department shall provide written notice and shall not act further to respond to the request unless and until the requestor confirms that the requestor wants the Department to proceed with making the public records available. All estimated fees and charges must be paid before public records will be made available for inspection or copies provided.

Stat. Auth.: ORS 192.430, 192.440, 835.035, 835.112
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; AVIA 3-2015, f. & cert. ef. 12-15-15

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