2019 OREGON ADMINISTRATIVE RULES COMPILATION CHAPTER 628 Oregon Forest Resources Institute Published By DENNIS RICHARDSON Secretary of State Copyright 2019 Office of the Secretary of State Rules effective as of January 01, 2019 DIVISION 1 PROCEDURAL RULES 628-001-0000 Administrative Rule Notification 628-001-0005 Model Rules of Procedure DIVISION 10 ADMINISTRATION 628-010-0005 Definitions 628-010-0010 Harvest Tax Rate for OFRI 628-010-0020 Refund of Tax Used for Publications 628-010-0030 Compensation for OFRI Board Members, Officers, and Employees 628-010-0200 Charges for Copying and Purchasing Public Records 628-010-0210 IRS Retirement “Pick Up” DIVISION 20 CRITERIA FOR PRODUCER CLASS QUALIFICATIONS;PRODUCER CLASSIFICATIONS 628-020-0000 Definitions 628-020-0010 Process for Determining Producer Class Qualifications 628-020-0020 Producer Classifications Page 2 of 8 DIVISION 1 PROCEDURAL RULES 628-001-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the Oregon Forest Resources Institute (OFRI) Board of Directors shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date; (2) By mailing a copy of the notice to persons on the OFRI mailing list established pursuant to ORS 183.335(7), at least twenty-eight (28) days prior to the effective date; (3) By mailing a copy of the notice to the following persons, organizations, and publications at least twenty-eight (28) days prior to the effective date: (a) State Agencies: (A) Agriculture, Oregon Department of; (B) Forestry, Oregon Department of; (C) Governor’s Office, Assistant for Natural Resources; (D) Revenue, Oregon Department of. (b) News Media: (A) Associated Press, Salem; (B) Capitol Press Room, Salem; (C) Bend — The Bulletin; (D) Medford — Mail Tribune; (E) Pendleton — East Oregonian; (F) Portland — The Oregonian; (G) Roseburg — News-Review; (H) Salem — Statesman-Journal. (c) Organizations: (A) Oregon Forest Industries Council — Salem; (B) Forest Associations List — As maintained by the Oregon Forest Resources Institute. (d) Others: (A) United States Forest Service, USDA — Portland; (B) Bureau of Land Management, USDI — Portland. Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 183.341 History: FRI 2-1995, f. and cert. ef. 10-17-95; FRI 3-1992, f. & cert. ef. 6-15-92; FRI 2-1992(Temp), f. & cert. ef. 4-9-92 628-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2006, are hereby adopted as rules of procedure of the Oregon Forest Resources Institute. Statutory/Other Authority: ORS 526.645 Statutes/Other Implemented: ORS 183.341 History: OFRI 1-2006, f. & cert. ef. 5-25-06; FRI 1-1992, f. 4-9-92, cert. ef. 4-10-92 DIVISION 10 ADMINISTRATION 628-010-0005 Page 3 of 8 Definitions The following words and phrases, when used in this division, shall mean the following unless the context otherwise requires: (1) “OFRI” means the Oregon Forest Resources Institute. (2) “Board” means the Oregon Forest Resources Institute Board of Directors, inclusive of elected, appointed, and ex officio members. (3) “Chairperson,” “Chairman” or “Chair” means the Chairperson of the OFRI Board of Directors. (4) “Committee” means a committee of the OFRI Board of Directors. (5) “Executive Director” means the Executive Director of the Oregon Forest Resources Institute. Statutory/Other Authority: ORS 526.645 Statutes/Other Implemented: ORS 321.017 History: FRI 1-1994, f. & cert. ef. 3-9-94; FRI 4-1992, f. & cert. ef. 6-15-92 628-010-0010 Harvest Tax Rate for OFRI (1) The OFRI Board of Directors shall establish prior to July of each year the rate of privilege tax levied through the harvest tax, pursuant to ORS 321.017. (2) The privilege tax rate established annually by the OFRI Board of Directors shall not exceed or be contradictory to the limits set forth in the authorities established by ORS 321.017. (3) In order to carry out the duties, functions, and powers of the Oregon Forest Resources Institute, the Oregon Forest Resources Institute Board of Directors will set the annual privilege tax rate levied through the harvest tax according to the following criteria: (a) Resources needed to implement the Oregon Forest Resources Institute’s budgetary programs; (b) Estimated harvest projections as determined by the Oregon Department of Forestry and the state economist. (4) The Institute Board of Directors may adjust the maximum tax rate prescribed by ORS 321.017 by the average annual increase in the Consumer Price Index for the preceding year, as published by the Bureau of Labor Statistics, U.S. Department of Labor, for Portland, Oregon, whenever it determines the existing maximum rate may be inadequate to meet anticipated increases in the Institute’s program costs, given projected harvest levels. (5) Opportunity for public comment on the annual privilege tax rate levied through the harvest tax as set by the Oregon Forest Resources Institute Board of Directors will be provided as part of the annual public meeting on the Oregon Forest Resources Institute’s proposed budget. Public notice of the meeting will be given at least 14 days prior to the date of the meeting. Copies of the budget will be available for public inspection under reasonable circumstances in the office of the State Forester and the office of the Oregon Forest Resources Institute. Statutory/Other Authority: ORS 526.645 Statutes/Other Implemented: ORS 321.017 History: FRI 1-1993, f. & cert. ef. 4-19-93; FRI 4-1992, f. & cert. ef. 6-15-92 628-010-0020 Refund of Tax Used for Publications Preamble: These rules implement legislation adopted in 2003 in response to recent federal court decisions involving mandatory assessments by agricultural commodity commissions. In some of these cases the courts have held that commodity commissions may not require growers to contribute to advertising, product promotion, and similar forms of speech. It is not clear that these cases apply to the Oregon Forest Resources Institute, nor the information which it produces and distributes. Nevertheless, in order to reduce the likelihood of legal challenge, these rules permit tax payers who might disagree with OFRI’s activities the opportunity to seek a refund of that portion of the Forest Products Harvest tax which supports OFRI’s informational programs. (1) Any person who has paid Forest Products Harvest Tax pursuant to ORS 321.017 may apply to OFRI for a refund of that portion of the tax used to support OFRI’s informational programs (such as print, television, and radio ads). Refund Page 4 of 8 applications shall be made on forms provided by OFRI. The term “person” includes legal entities such as partnerships and corporations. (2) Refund applications must include proof of payment of tax, together with any interest and penalties. Proof of payment may include any of the following: copies of checks, credit card statements, or Department of Revenue receipts for cash payments. If the applicant has paid for more than one tax in a combined payment, the applicant shall identify the amount of Forest Products Harvest Tax paid pursuant to ORS 321.017, eligible for refund from OFRI. (3) Refund applications, together with proof of payment, must bear the notarized signature of the person seeking the refund certifying the truth of the information contained in the application. If the refund is sought by a business association (such as a corporation or partnership), the application must bear the notarized signature of a person authorized to make the application on the business association’s behalf. (4) Applications which are incomplete, contain erroneous information, or are otherwise deficient will be returned to the person seeking the refund with an explanation of the deficiency. OFRI may request additional information if necessary to evaluate the refund request. (5) Within 60 days of receipt, OFRI will either provide the refund or return the application as incomplete, inaccurate, or otherwise deficient. OFRI will notify the Department of Revenue of all refunds made pursuant to this rule. (6) In the event it is determined that a refund was made in excess of the amount authorized by law, OFRI shall request that the taxpayer return the excess. (7) Any person aggrieved by a decision to deny refund, or to provide a refund in less than the amount sought, may appeal. Appeals shall be in writing, filed with the Executive Director within 30 days of the date of the decision complained of, and shall specifically state all reasons for the appeal and the relief sought. (8)(a) Applications must be filed by March 1 for refunds of taxes in the previous year. Applications will only be accepted for taxes paid after January, 1, 2003. (b) Applications may be filed by April 31, 2004 for taxes paid in 2003. [ED. NOTE: Applications referenced are available from the agency.] Statutory/Other Authority: ORS 526.645(6) Statutes/Other Implemented: ORS 526.675 History: OFRI 1-2004, f. & cert. ef. 7-1-04 628-010-0030 Compensation for OFRI Board Members, Officers, and Employees For purpose of board members, officers, and employees of OFRI receiving their actual and necessary travel and other expenses incurred in the performance of their official duties the OFRI board adopts the following rules governing the incurring and paying of such expenses: (1) OFRI board members, officers and employees may receive reimbursement for their actual and necessary travel expenses and other expenses incurred in performance of their official duties. OFRI board members, officers, and employees are not eligible to receive a per diem allowance. Receipts are required for all instate and out-of-state meal and lodging travel expenses incurred.