Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Commercial channels” means the sale of grain for use as food, feed or seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor or cooperative, or to any person, public or private, who resells any grain or product produced from grain. “Commission” means th…
The Legislative Assembly finds and declares that: It is in the interest of all the people that the abundant natural resources of Oregon be protected, fully developed and uniformly distributed. The growing of grain is an agricultural industry that contributes to the economic welfare of Oregon. Because a surplus of grain is grown in this state and, during r…
The State Department of Agriculture shall: Monitor the practices or methods used or proposed for use by the Oregon Wheat Commission in carrying out the goals and needs disclosed by the budget of the commission; Promote cooperation among the commission, commodity commissions and the Oregon Beef Council and assist in the interchange of information and experi…
There hereby is created the Oregon Wheat Commission. The Director of Agriculture shall appoint not fewer than six and not more than eight voting commission members for terms of four years. Except as provided in ORS 578.216, one member appointed by the director must be a member of the public. The commission, by a rule approved by a majority of the nonpublic …
The voting members of the Oregon Wheat Commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and their knowledge of the state’s natural resources. Voting members appointed under ORS 578.030 (1) must be United States citizens residing in this state. A nonpublic member appointed under ORS 578.030 (1)…
If the Director of Agriculture finds that an appointed member of the Oregon Wheat Commission has ceased to qualify under ORS 578.040 for membership on the commission, the director shall immediately declare the position of that member vacant.
A member is removable by the Director of Agriculture as provided in ORS 578.045 or for neglect of duty or misconduct in office. The director may remove a member only after serving the member with a copy of the charges against the member and conducting a public hearing. The director shall serve the member with the copy of the charges and notice of the time a…
The Oregon Wheat Commission shall elect a chairperson, vice chairperson and secretary-treasurer from among its members.
The Oregon Wheat Commission shall meet at least four times each year regularly and at such other times as called by the chairperson. The chairperson may call special meetings of the commission at any time. The commission may participate in meetings outside this state for the purpose of advancing the work of the commission.
Consistent with the general purposes of this chapter, the Oregon Wheat Commission shall establish the policies to be followed in accomplishing those purposes. In the administration of this chapter, the commission has the following duties, authorities and powers: To conduct a campaign of research, education and publicity. To lease, purchase or own the real…
The Oregon Wheat Commission may accept grants, donations and gifts of funds from any source for expenditure for any purposes consistent with this chapter which may be specified as a condition of any grant, donation or gift.
As used in this section, “intellectual property” means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable. The Oregon Wheat Commission may, consistent with the purposes of the commission, develop intellectual property that relates to grain or assists in t…
The administrator and any other person authorized to receive or disburse moneys received by the Oregon Wheat Commission shall file with the commission a fidelity bond executed by a surety company authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in favor of …
The Oregon Wheat Commission shall appoint an administrator, who may be an employee of the commission. If the administrator is an employee of the commission, the administrator shall be an unclassified employee for purposes of ORS chapter 240. An administrator serves at the pleasure of the commission. The administrator is a nonvoting member of the commission.…
The Oregon Wheat Commission may establish and maintain an office at any place within this state that the commission selects.
Wages or salaries of employees of the Oregon Wheat Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. The commission is not required to utilize office space furnished or obtained by the Oregon Department of Administrative Services as pro…
The Oregon Wheat Commission shall: Adopt a budget, obtain budget approval and submit financial statements in the same manner as a commodity commission acting under ORS 576.416. Expend moneys in the same manner as a commodity commission acting under ORS 576.375, 576.420, 576.440 and 576.445.
Moneys that a person collects or receives from an assessment levied by the Oregon Wheat Commission and other moneys that the commission receives must be paid to the authorized agent of the commission and, except as provided under subsection (3) of this section, promptly deposited into an account established in accordance with ORS 295.001 to 295.108. Subject…
ORS 576.307 is applicable to the Oregon Wheat Commission. The Oregon Wheat Commission may elect to furnish services, facilities and materials to commodity commissions created under ORS 576.051 to 576.455, the Oregon Beef Council or other state agencies and officers under ORS 283.110.
Except as otherwise provided in this chapter, ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Wheat Commission or to the administration and enforcement of this chapter.
The Oregon Wheat Commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245.
The Oregon Wheat Commission shall keep accurate books, records and accounts of all its dealings which shall be open to inspection and audit by the Secretary of State.
The Oregon Wheat Commission may assess, levy and collect an assessment, the amount of which the commission shall determine, on all units of grain grown or produced in this state and sold in commercial channels. The commission may not apply an assessment to any transaction that occurred prior to the date that the commission order assessing the assessment was …
In addition to any refund permitted under ORS 578.211, the Oregon Wheat Commission may adopt rules that provide for the commission to refund all or part of an assessment on grain upon request of the person paying the assessment. If the commission adopts rules pursuant to subsection (1) of this section that provide for a refund to be at least equal in amount…
If a first purchaser of grain lives or has an office in another state or is a federal or other governmental agency, the producer shall report all sales made to the first purchaser on forms provided by the Oregon Wheat Commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and rem…
A person required to pay an assessment to the Oregon Wheat Commission shall keep records in the same manner as required by ORS 576.351 for a person required to pay an assessment to a commodity commission. The commission or a person authorized by the commission may inspect and audit records, issue subpoenas and require payment for the cost of audits in the s…
In addition to the penalty established in ORS 578.990, any person who delays transmittal of assessment moneys beyond the time set by the Oregon Wheat Commission shall pay a civil penalty to the commission of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. The commission may…
If a person responsible for the transmittal of assessment moneys to the Oregon Wheat Commission fails to relinquish assessment moneys collected, the person shall pay a civil penalty to the commission equal to twice the amount of the unrelinquished assessment moneys. The commission may commence a civil action or utilize any other available legal or equitable…
Violation of any of the provisions of this chapter is a Class C misdemeanor. _______________