OAR 736-018-0135
Log Export Rules: Purchaser Disqualification and Termination of Contracts

(1)

The Department shall keep a record of any person who violates the requirements of OAR 736-018-0105 (Log Export Rules: Definitions) to 736-018-0140 (Log Export Rules: Log Branding and Marking Requirements). In addition, the Department shall subscribe to and keep lists or records of persons who violate the requirements of export rules of other Oregon state agencies.

(2)

A person whose name appears on the records for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 736-018-0105 (Log Export Rules: Definitions) to 736-019-0140 or any other Oregon state agency’s log export rules shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045.

(3)

The Department may suspend operations and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 736-018-0105 (Log Export Rules: Definitions) to 736-018-0140 (Log Export Rules: Log Branding and Marking Requirements), and assess damages according to the following formula:
D = (OSV+AC) - (PR+RSV), where:
D = Damages and Expenses
OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales.
AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law.
PR = Payments Received
RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the Department’s estimate of remaining volume, multiplied by the dollar values stated in the contract.

Source: Rule 736-018-0135 — Log Export Rules: Purchaser Disqualification and Termination of Contracts, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-018-0135.

736–018–0000
Purpose 736–018–0005
Definitions 736–018–0010
Purpose of State Park Master Plans 736–018–0015
State Park Master Planning Process 736–018–0020
State Park Master Planning Criteria 736–018–0025
State Park Uses 736–018–0028
Local Government Coordination 736–018–0030
Dispute Resolution 736–018–0035
State Park Master Plans Previously Adopted as State Rules 736–018–0040
Minor Variations from Master Plans 736–018–0043
Existing State Park Uses 736–018–0045
Adopted State Park Master Plan Documents 736–018–0050
Management of State Park Forests: Policy 736–018–0060
Management of State Park Forests: Objectives 736–018–0070
Management of State Park Forests: Planning, Coordination, and Cooperation 736–018–0080
Management of State Park Forests: Definitions 736–018–0090
Management of State Park Forests: Determination of Significance 736–018–0105
Log Export Rules: Definitions 736–018–0110
Log Export Rules: Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts 736–018–0115
Log Export Rules: Prohibition Against Indirect Substitution 736–018–0120
Log Export Rules: Applicable State Timber 736–018–0125
Log Export Rules: Surplus Timber 736–018–0130
Log Export Rules: Reporting Requirements 736–018–0135
Log Export Rules: Purchaser Disqualification and Termination of Contracts 736–018–0140
Log Export Rules: Log Branding and Marking Requirements 736–018–0145
Log Export Rules: Enforcement
Last Updated

Jun. 8, 2021

Rule 736-018-0135’s source at or​.us