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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION

 

DIVISION 60

COMMERCIAL PRODUCTS DEVELOPMENT PROGRAM

731-060-0000

Purpose

ORS 184.631 requires the Department of Transportation to establish a public-private partnership research and development program. The purpose of division 60 rules is to provide procedures, standards, and criteria for establishment and operation of this program, hereby named the Oregon Department of Transportation Commercial Products Research and Development Program.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0010

Definitions

For the purposes of division 60 rules, the following definitions apply, unless the context clearly indicates otherwise:

(1) "Applicant" means any person, enterprise or organization applying for product research or development assistance from the Oregon Department of Transportation.

(2) "Applied Research or Development Project" means any research or development activity selected and funded by the Oregon Department of Transportation Commercial Products Research and Development Program.

(3) "Board" means Oregon Department of Transportation Commercial Products Research and Development Board.

(4) "Program" means the Oregon Department of Transportation Commercial Products Research and Development Program, which is the public-private partnership research and development program required by ORS 184.631.

(5) "ODOT" means Oregon Department of Transportation.

(6) "Recipient" means any person, enterprise or organization currently receiving assistance from the Program.

(7) "Subject Technology" means the property, product or invention for which research or development assistance is being sought.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0020

Oregon Department of Transportation Commercial Products Research and Development Board

(1) The Director of the Oregon Department of Transportation will appoint members to the ODOT Commercial Products Research and Development Board, designating one of those appointees as the Board Chair.

(2) The Board will consist of three representatives from the Oregon University System, three representatives from the private sector and one representative from the Oregon Economic and Community Development Department.

(3) The Board is responsible for the following:

(a) Adopting and maintaining a procedures manual for the ongoing operation of the Program and oversight of projects;

(b) Adopting application policies, forms, schedules and procedures;

(c) Making funding recommendations to the ODOT Research Program Manager;

(d) Screening proposals for eligibility;

(e) Making project award recommendations to the ODOT Research Program Manager; and

(f) Recommending to the ODOT Research Program Manager, individuals for appointment to project steering committees.

(4) The Board may appoint one or more advisory committees to assist in the evaluation of project proposals.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0030

Solicitation

(1) Project applications will be solicited on a cyclical basis, biennially, annually or more frequently, depending on availability of funding.

(2) For each biennium, the frequency of solicitations will be determined by the ODOT Research Program Manager.

(3) A public notice of ODOT's intent to solicit project applications will be published, specifying a deadline for submissions of applications that is at least 30 days after the public notice appears.

(4) The Board will select a range of public media, sufficient to assure broad knowledge of the Program, through which the public notice will appear.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0040

Eligibility

(1) To be eligible for funding, through the Program:

(a) The Subject Technology must show the potential to reduce the cost of maintenance and preservation, extend the useful life of the state's highways or improve highway safety, as specified in ORS 184.631;

(b) The Subject Technology must meet all requirements of state and Federal laws applicable to the source of funds;

(c) The Applicant must agree to abide by all laws and regulations pertaining to the Applied Research or Development Project;

(d) The Applicant must agree to provide to the Board or assist the Board in obtaining information requested by the Board for the purpose of evaluating the Applicant's abilities to successfully commercialize the Subject Technology; and

(e) To receive assistance, the Applicant must follow the application procedures specified by the Board.

(2) The Board may establish additional criteria for eligibility.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0050

Selection Criteria

Eligible projects will be evaluated by the Board, based on the potential of the Subject Technology to reduce the cost of maintenance and preservation or extend the useful life of the state's highways or improve highway safety; and based on the following criteria:

(1) Potential of the Subject Technology to produce future revenue for the state of Oregon;

(2) The technical merit of the proposed research;

(3) The ability of the Applicant to successfully commercialize the Subject Technology;

(4) Proof of ownership or of authority to develop the Subject Technology provided by the Applicant;

(5) The rationale, provided by the Applicant, for use of public rather than private funds; and

(6) Other criteria that may be identified by the Board.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0060

Project Steering Committee

(1) For each Applied Research or Development Project that is selected to go forward, the ODOT Research Program Manager, based on recommendations of the Board, will appoint members to a Project Steering Committee.

(2) The Project Steering Committee will include the following members:

(a) One representative for the Recipient;

(b) One representative from ODOT;

(c) One representative from the Oregon University System; and

(d) Other members at the discretion of the ODOT Research Program Manager.

(3) The Project Steering Committee will periodically review the progress of the Applied Research or Development Project and report the findings of this review to the ODOT Research Program Manager.

(4) The Recipient must provide quarterly progress reports to the Project Steering Committee on the Applied Research or Development Project receiving ODOT funds.

(5) The Recipient must provide annual progress reports to the Project Steering Committee on the Recipient's efforts related to the development and marketing of the Subject Technology.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

731-060-0070

Project Approval, Allocation of Resources and Disbursement of Funds

(1) The ODOT Research Program Manager is the sole judge of the suitability and eligibility of an Applied Research or Development Project, and Project approval, allocation of resources and disbursement of funds will be in the sole discretion of the ODOT Research Program Manager.

(2) The ODOT Research Program Manager may suspend approval of new Applied Research or Development Projects, conditional on spending limitations or other circumstances.

(3) If the ODOT Research Program Manager approves funding for an Applied Research or Development Project, ODOT will pay the Recipient, based on the terms of a funding agreement negotiated between the parties.

(4) The Applicant must satisfy the ODOT Research Program Manager that he or she will receive all applicable federal, state and local permits and licenses before the allocation of resources and disbursement of funds.

(5) The Applicant must satisfy the ODOT Research Program Manager that he or she has or will obtain insurance if necessary in the amount and coverage satisfactory to ODOT.

Stat. Auth.: ORS 184.616, 184.619 & 184.631
Stat. Implemented: ORS 184.631
Hist.: DOT 4-2004, f. & cert. ef. 8-20-04

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