Oregon Bulletin

August 1, 2012

Parks and Recreation Department, Chapter 736

Rule Caption: Extends fee waiver to foster families certified by Oregon tribal governments and the Oregon Youth Authority.

Adm. Order No.: PRD 5-2012(Temp)

Filed with Sec. of State: 6-26-2012

Certified to be Effective: 6-26-12 thru 12-20-12

Notice Publication Date:

Rules Amended: 736-015-0006

Subject: Amends definitions section of division 15 rules to add families in homes certified by tribal governments and the Oregon Youth Authority to the list of those eligible for the foster family fee waiver.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719



As used in this division, unless the context requires otherwise:

(1) “Adoptive Foster Families” means one or more persons who have adopted one or more foster children pursuant to ORS 418.285. At least one of the children must currently be under 18 years of age and living with the Adoptive Foster Family.

(2) “Commission” means the Oregon State Parks and Recreation Commission.

(3) “Department” means the Oregon State Parks and Recreation Department.

(4) “Director” means the director of the department.

(5) “Enforcement Officer” means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations, and to issue oral or written warnings or citations to enforce park area rules.

(6) “Foster Families” means persons along with their foster children, who currently maintain:

(a) A Foster Home, a Relative Home for Children or a Foster Home for Children with Developmental Disabilities, as described in ORS 418.625 or 443.830:

(b) A Foster Home certified by the Oregon Youth Authority under OAR chapter 416, division 530; or

(c) A Foster Home certified by any of the nine federally-recognized tribal governments in Oregon.

(7) “In Kind Services” means a group or person who provides, at the direction of park staff, materials or services whose value to the park area equals or is greater than the normal fees.

(8) “Marketing and Promotion” generally are agency-sponsored events that are of regional or statewide significance promoting tourism or partnerships with local communities, other agencies or economic development.

(9) “Motor Vehicle” as defined in ORS 801.360 means a vehicle that is self-propelled or designed for self-propulsion. ORS 801.590 further defines “vehicle” as “any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means.”

(10) “Non-Profit Entity” means a group having a 501c(3) exempt status filed with the US Department of Internal Revenue Service.

(11) “Park Area” means any state park, wayside, corridor, monument, historic, or recreation area, except portions of ocean shore recreation areas not abutting a state park or wayside, under the jurisdiction of the department.

(12) “Park Employee” means an employee of the department.

(13) “Park Facility” includes but is not limited to individual and group campsites, day use areas and shelters, cabins, yurts, tepees, camper wagons, meeting halls, lodges, pavilions, and other amenities of the department.

(14) “Park Manager” means the supervisor or designated park employee in charge of a park area.

(15) “Peace Officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.

(16) “Person” includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(17) “Reduced Service Level” means a reduction in the normal level of service that a person may reasonably expect due to the department’s action/inaction or park facility failure lasting longer than 24 hours.

(18) “Reservation Cancellation” means the person requests an existing reservation be ended without the creation of a new reservation.

(19) “Reservation Change” means a modification to an existing reservation by a person that changes the arrival or departure dates, a complete change to reservation dates, or changes the type of site from the original request.

(20) “Special Events” may be an activity sponsored or co-sponsored by the department, an event that provides entertainment to park visitors, or other activities that promote the mission of the department or Oregon tourism.

(21) “Split Reservation” means a stay at a park area for one person for one continuous date range that requires a mid-stay move from one site to another.

(22) “Traditional Tribal Activities” generally means traditional, spiritual, natural and cultural resource practices that would have been or which still are conducted by a federally recognized tribe or its members.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.050, 390.111, 390.121 & 390.124
Hist.: PRD 4-2005, f. & cert. ef. 5-5-05; PRD 15-2009, f. & cert. ef. 9-29-09; PRD 5-2010, f. & cert. ef. 3-24-10; PRD 5-2011, f. & cert. ef. 8-1-11; PRD 5-2012(Temp), f. & cert. ef. 6-26-12 thru 12-20-12

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