Or. Admin. Code § 125-045-0210

Current through Register Vol. 63, No. 10, October 1, 2024

Section 125-045-0210 - Alternative Rules for Acquisitions and Terminal Dispositions by State Agencies

(1) These rules apply to all Agencies seeking the Acquisition or Terminal Disposition of a Real Property Interest, with the exception of:

(a) The Department of Veterans' Affairs in any transaction for the acquisition or sale, or both, by the Director of Veterans' Affairs of a home or farm under ORS 88.720, 273.388, 406.050, 407.135, 407.145, 407.375 and 407.377; and

(b) Any other Agency subject to constitutional or statutory authority that supersede all or some of these rules.

(2) Any Agency subject to a Governing Body may adopt rules for the Acquisition and Terminal Disposition of Real Property Interests. Rules adopted by an Agency will not supersede these rules, however, unless the Agency's rules have been certified by the Division pursuant to this rule.

(3) If an Agency believes that it is exempt from all or a part of these rules due to superseding constitutional or statutory authority, the Agency shall, at least 30 days prior to the Acquisition or Terminal Disposition, provide notice to the Division. The notice shall include the following information:

(a) The specific requirements of these rules from which the Agency claims to be exempt;

(b) The constitutional or statutory authority that the Agency believes supersedes these rule(s); and

(c) Identification of the Agency's rules and the date they were filed with the Secretary of State.

(4) The Division shall determine whether the Agency's rules are consistent with ORS 270.005 to 270.140. If the Agency's rules are determined to be consistent, the Division shall certify the Agency's rules and shall notify the Agency that it may use Agency rules in lieu of these rules.

(5) Upon obtaining certification by the Division and after obtaining approval by the Agency's Governing Body, the Agency may acquire and dispose of Real Property Interests in accordance with its certified rules.

(6) The Division will maintain a master file of all Agencies whose rules are certified exempt from all or a part of these rules. This master file will include the Agency's request for exempt certification, identification of the filed rules that the Agency will be using and a copy of the Division's written determination.

(7) Once certified exempt, an Agency may not use amended rules filed for the Acquisition and Terminal Disposition of Real Property Interests in lieu of these rules until the Agency's restructured rules have again been certified exempt by the Division.

(8) Notwithstanding OAR 125-045-0210, the Division may, upon 30 days prior notice to the Agency, withdraw its certification of an Agency's rules as a result of a reexamination Department rules, policies and certifications or an Agency's compliance with its certified rules. In such event, the Agency shall thereafter comply with 125-045-0210 through 125-045-0245 until new or revised rules have been certified by the Division.

Or. Admin. Code § 125-045-0210

DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06; DAS 10-2009, f. & cert. ef. 11-19-09

Stat. Auth.: ORS 270.100(1)(d)

Stats. Implemented: ORS 270.015, 270.100, 270.105 & 270.110