Oregon Administrative Rules Chapter 623 - DEPARTMENT OF AGRICULTURE, OREGON HAZELNUT COMMISSION
Here’s a structured summary of Oregon Administrative Rules Chapter 623 — Department of Agriculture: Oregon Hazelnut Commission, without external links:
📌 Division 1 – Procedural Rules (§ 623‑001‑0000)
Defines rulemaking notification procedures. Before adopting, amending, or repealing rules, the Commission must provide:
28 days’ notice via the Secretary of State’s Bulletin and mailing list.
49 days’ notice to relevant legislators.
Public notices to the Associated Press, interested associations, and newspapers in major hazelnut-producing regions. (law.cornell.edu)
Division 10 – Sale & Assessment (§ 623‑010‑0005 to .0011)
§ 623‑010‑0005 Casual Sale
“Casual sales” (≤ 250 lb/year in-shell) direct to consumers are exempt from assessment. (records.sos.state.or.us)
§ 623‑010‑0010 Assessment
For purchases on or after September 1, 2019:
In-shell hazelnuts: $0.01/lb (≈ $20/ton)
Shelled hazelnuts: $0.02275/lb (≈ $45.50/ton)
Exemptions apply to casual sales; out-of‑state purchasers impose reporting obligations on producers. (oregon.public.law)
§ 623‑010‑0011 Payment of Assessments
First purchasers/handlers must submit signed reports on approved forms:
$100+ collected/month: monthly report due by the 20th of the following month
<$100/month: quarterly report due by the 20th of the month following the quarter
Q1 (Jan–Mar): due April 20
Q2 (Apr–Jun): due July 20
Q3 (Jul–Sep): due October 20
Q4 (Oct–Dec): due January 20 (law.cornell.edu)
Division 30 – Commission Composition (§ 623‑030‑0010 to .0030)
§ 623‑030‑0010 Number & Terms
Eight members appointed by the Director of Agriculture for three-year terms. (law.cornell.edu, records.sos.state.or.us)
§ 623‑030‑0020 Qualifications
“Producer”: paid assessments in the past three calendar years
“Handler”: collected assessments in the past three calendar years
Membership must include:
A public member (not involved in production/handling)
Majority producers
At least one handler
Broad geographic representation is also encouraged. (records.sos.state.or.us)
§ 623‑030‑0030 Removal of Commissioners
Grounds for removal include:
Two unexcused absences or duty neglect
Financial misuse or conflicts of interest
Unauthorized disclosure of confidential info
Misconduct under government standards
Misuse of Commission funds
Failure to meet qualifications (records.sos.state.or.us, casetext.com)
Division 40 – Commissioner Per Diem & Reimbursement (§ 623‑040‑0005 to .0015)
§ 623‑040‑0005 Per Diem Compensation
Non-full-time public members may claim up to $30/day for official duties. Claims are due by the 10th of the month following the expense. (records.sos.state.or.us)
§ 623‑040‑0010 Travel & Expense Reimbursement
Members can submit itemized claims (with receipts) by the 10th of the next month. Expenses over $200 require prior approval. “Reasonable and necessary” limits apply. (records.sos.state.or.us)
§ 623‑040‑0015 Reimbursement for Hiring a Substitute
Members may be reimbursed up to $25/day for substitute services incurred due to official duties. (records.sos.state.or.us)
§ 623‑040‑0120 (Non‑Qualified Members)
Non-qualified members (e.g., public member) may receive Legislative Assembly per diem and reimbursements per Oregon Accounting Manual, at their discretion. (regulations.justia.com, records.sos.state.or.us)
📝 Summary
| Area | Highlights |
|---|---|
| Rulemaking | Public notice required well before adoption or changes |
| Assessments | $0.01/lb in-shell; $0.02275/lb shelled; casual sales exempt |
| Reporting | Monthly or quarterly based on collection amounts |
| Board Composition | 8 members—mix of producers, handlers, public rep, geographic spread |
| Compensation | Up to $30/day plus reimbursements; strict claiming procedures |
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