The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON STATE MARINE BOARD
DIVISION 1
PROCEDURAL RULES
250-001-0000
Notice of Proposed Rule
Prior to adopting, amending, or repealing
a permanent rule, the State Marine Board will give notice of the intended action:
(1) In the Secretary of State's
Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date
of the rule.
(2) By mailing or emailing
notice to persons on the State Marine Board's interested parties list established
pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.
(3) By emailing a copy of
the notice to the legislators as specified in ORS 183.335(15) at least 49 days before
the effective date of the rule.
(4) By sending notice to
the following persons and organizations:
(a) State and federal agencies,
if affected;
(b) Port and park and recreation
districts in the area affected; and
(c) City and county officials
in the area affected.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 183.335
Hist.: MB 72, f. & ef.
11-4-75; MB 2-1985, f. & ef. 1-29-85; MB 7-1994, f. & cert. ef. 6-1-94;
OSMB 2-2014, f. & cert. ef. 1-15-14
250-001-0005
Model Rules of Practice and Procedure
(1) The Model Rules of Procedure, OAR
137-003-0501 to 137-003-0700, as promulgated by the Attorney General of the State
of Oregon, apply to all contested case hearings conducted by a hearing officer from
the Hearing Officer Panel on behalf of the Board.
(2) The Board adopts the
current edition of the Model Rules of Procedure, OAR chapter 137, division 1, as
promulgated by the Attorney General of the State of Oregon and effective July 1.
[ED. NOTE: The full text of the Attorney
General’s Model Rules of Procedure is available from the office of the Attorney
General or the Marine Board.]
Stat. Auth.: ORS 830
Stats. Implemented: ORS 183.341
Hist.: MB 68, f. 5-19-75,
ef. 6-11-75; MB 78, f. & ef. 8-27-76; MB 3-1978, f. & ef. 4-5-78; MB 1-1982,
f. & ef. 3-1-82; MB 4-1984, f. & ef. 1-19-84; MB 4-1986, f. 4-15-86, ef.
4-18-86; OSMB 2-2014, f. & cert. ef. 1-15-14; OSMB 10-2014, f. 10-30-14, cert.
ef. 11-1-14
250-001-0010
Availability of the Rules
Pursuant to ORS 830.110(11), the laws and rules of the Marine Board shall be available at the office of the State Marine Board.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 1, f. 2-4-60; Renumbered from 250-010-0020
250-001-0020
Fees for Furnishing Information
The Marine Board may charge reasonable fees to cover those costs resulting from requests for reproduction of agency records.
(1) Individuals or firms requesting an alphabetical or numerical listing of boat owners, and information concerning their boats, will be charged a fee as follows:
(a) Labels or printouts are $250 for up to 1,000 names printed on labels and/or print-out, plus $25 for each 1,000 additional names or portion thereof. This fee includes the cost of data processing, labels, administrative expense and shipping;
(b) Electronic format - $165 including actual cost of computer generated media, electronic files, staff time involved in research, file review, compiling and duplication, and shipping costs;
(c) An advance deposit to cover the anticipated cost will be required.
(2) The Board may recover actual costs for supplies and staff time for research, file review, compiling and duplication required to provide copies of material, whether printed, computerized or in other media, that was produced by Marine Board or by a vendor under contract to the Marine Board and which is not intended for general distribution. That includes but is not limited to items such as internal reports, studies, engineering drawings, CAD files, maps, computer diskettes, tapes, computer generated media, electronic files, transcripts, or mailing lists. Generally, information is available only in the means (paper, computer program or otherwise) it was created. Exempt: Brochures, booklets and other mass-produced items intended for general distribution are not included as "documents" under this rule.
(a) The standard charge for single page reproduction shall not exceed $.25 per standard 8-1/2 x 11" page, $.35 per 11x17" page, $1.00 per 24x36" drawing sheet (blueprint), $2.50 per 24x36" drawing sheet (bond paper). Double-sided copies count as two pages. Mailing costs include postage fees and actual cost of special mailers required.
(b) The standard charge for duplication of audio and/or video tapes shall be the actual cost of the tapes, staff time involved in research, file review, compiling and duplication, and shipping costs;
(c) The charge for computer diskettes will be actual cost plus staff time required for copying requested files, the actual cost of special mailers and postage;
(d) There will be no charge for an individual request of five or fewer copies of a single 8-1/2 X 11" page;
(e) An advance deposit of up to 50 percent of the estimated total charge may be required for those people or organizations who require a considerable number of reproduced copies.
(3) The Director may reduce or waive the fee for non-profit organizations and government agencies requesting lists or documents in the interest of boating access, safety programs or law enforcement purposes.
(4) For outfitter/guide listings the fees shall be as follows:
(a) Machine reproductions - $.25 per standard 8-1/2 x 11" page. There will be no charge for an individual request of five or fewer copies of a single page;
(b) Machine generated labels or listings - $50 for up to 1,000 names plus $10 for each 1,000 additional names or portion thereof;
(c) Machine generated labels, listings or printouts in other than the standard format - Actual cost of programming, processing and administrative expenses, but not less than $75 for up to 1,000 names, plus $20 for each 1,000 additional names or portion thereof;
(d) The fees charged will be actual cost of electronic media or files, computer diskettes, cost of staff time required for copying requested files, plus actual cost of special mailers and postage.
Stat. Auth.: ORS 195, 283 & 830
Stats. Implemented: ORS 830.110
Hist.: MB 12, f. 3-27-62; MB 8-1978(Temp), f. & ef. 10-5-78; MB 10-1978, f. & ef. 12-21-78; Renumbered from 250-010-0165; MB 16-1984, f. & ef. 12-3-84; MB 2-1986, f. & ef. 1-30-86; MB 1-1997, f. & cert. ef. 4-4-97; OSMB 1-2003, f. & cert. ef. 1-14-03
250-001-0030
Hearings Authorized
The Director, or a designated agent, upon the order of the Board or any member of the Board, with the approval of the Board, may conduct public hearings for the purpose of promulgating special regulations consistent with the safety of the public relating to the operation of boats, when a request for such hearing is received from the governing body of a political subdivision.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & ORS 830.175
Hist.: MB 5, f. 7-13-60; MB 88(Temp), f. & ef. 11-4-77; MB 4-1978, f. & ef. 4-5-78; Renumbered from 250-010-0170
250-001-0040
Petition to Promulgate, Amend, or
Repeal Rule: Contents of Petition, Filing of Petition
The filing of petitions for rulemaking
action by the Board shall be in accordance with the Attorney General's Uniform Rule
of Procedure set forth in OAR 137-001-0070.
Stat. Auth.: ORS 830
Stats. Implemented: ORS 183.390
Hist.: OSMB 2-2014, f. &
cert. ef. 1-15-14
250-001-0050
Policy
(1) It is the policy of the State Marine
Board to promote multiple use and enjoyment of waters of the state for a variety
of boating activities. The Board recognizes and will uphold to the extent practicable
the universal right of the public to navigate and use the waters of the state for
boating.
(2) The Board is authorized
to regulate through administrative rules boating in specific locations or on specific
waterways in the interest of protecting public safety, property, water quality,
fish and wildlife resources or for the purpose of reducing excessive congestion
and conflict between users, and promoting uniformity of laws pertaining to such
use.
(3) The Board will seek to
resolve problems arising from or between boating activities on a waterway by using
a variety of management measures including education, information, signing, voluntary
restrictions or increased law enforcement of existing laws before acting to restrict
public use and enjoyment of boats.
(4) It is the policy of the
Board to exercise its regulatory authority based upon sufficient information, public
testimony or evidence that establishes a demonstrated need to enact administrative
rules.
(5) The Board will seek the
concurrence and recommendations of affected local jurisdictions and authorities
before adopting regulations for local waterways.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.175
Hist.: OSMB 2-2014, f. &
cert. ef. 1-15-14
250-001-0060
Scope of Rules
(1) The Board may regulate watercraft
on all waters of this state. The Board's primary interest lies in waterways where
public access for boating is provided, available, allowed, or reasonably accomplishable
and is commonly or frequently used by the general boating public.
(2) The Board will not normally
regulate waters of this state which are surrounded exclusively by privately owned
lands, are sufficiently small so as to preclude access or severely limit public
boating use, or are inaccessible to the general boating public by ordinary and usual
means.
(3) Restrictions on boats
and boat operations adopted by the Board in compliance with statutory authorization
shall apply to all watercraft including boats used for commercial activities, excluding:
(a) Watercraft used for the
law enforcement activities of authorized public safety agencies;
(b) Search and rescue activities
conducted by or under the direction of these agencies; and
(c) Watercraft used for administrative
or management functions performed by public agencies with jurisdiction over the
subject waters or adjacent lands.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.175
Hist.: OSMB 2-2014, f. &
cert. ef. 1-15-14
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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