DEPARTMENT WORKFORCE ETHICS
(1) ORS 823.007(1) requires each employee of the department who performs a function concerning the economic regulation of motor carriers to file with the department an employee statement of pecuniary interests in motor carriers. Division 20 rules establish when a statement is required, defines terms associated with the statement and describes the circumstances under which disciplinary action may occur for failure to comply with ORS 823.007(1).
(2) For the purposes of ORS 823.007(2), "a function concerning economic regulation of motor carriers" means any action or transaction that affects or potentially affects the financial status of a motor carrier. Such functions include, but may not be limited to:
(a) Entry, including issuance of operating authority;
(b) Regulation and establishment of rates of household goods and passenger carriers described in ORS 825.202;
(c) Registration of commercial motor vehicles for highway use tax purposes;
(d) Registration or apportioned registration of commercial motor vehicles;
(e) Receiving, collecting and accounting for money received from motor carriers;
(f) Enforcement of motor carrier regulations, including audit, inspection and investigation for compliance with tax, safety and other regulations;
(g) Issuance of variance permits under ORS Chapter 818;
(h) Weighing commercial vehicles and enforcing highway size and weight standards;
(i) Authorization of farm registration under ORS Chapter 805;
(j) Processing insurance and surety deposit filings; and
(k) Processing refunds.
Stat. Auth.: ORS 184.616, 184.619 & 823.007
Stats. Implemented: ORS 823.007
Hist.: MCTD 3-2003, f. & cert. ef. 7-17-03; MCTD 3-2006, f. & cert. ef. 4-28-06
Employee Disciplinary Action - Failure to File a Statement Regarding Pecuniary Interest
(1) The department may take disciplinary action that may include dismissal of a department employee who performs one or more of the functions described in OAR 740-020-0010(2) if the employee:
(a) Is employed on or before September 1, 2003, and fails to file the statement required by ORS 823.007 before September 15, 2003;
(b) Is employed after September 1, 2003, and fails to file the statement required by ORS 823.007 before the 15th day after the date of employment;
(c) Fails to file the supplementary statement required by ORS 823.007 before the 15th day following acquisition of a pecuniary interest; or
(d) Fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 823.007.
(2) Dismissal of an employee under section (1) of this rule is subject to either:
(a) The procedure and appeal as provided in ORS 240.555 and 240.560 for unrepresented employees; or
(b) The labor agreement for represented employees.
(3) An employee dismissed under section (2) is eligible for reemployment.
Stat. Authority: ORS 184.616, 184.619 & 823.007
Stats. Implemented: ORS 823.007
Hist.: MCTD 3-2003, f. & cert. ef. 7-17-03
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
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