The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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) $0.20 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.
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