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