ORS 576.306
Independent contractors performing services for commission

  • rentals and acquisitions
  • rules

(1)

A commodity commission may contract with an independent contractor for the performance of administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, “discretionary functions” does not include collecting assessments, scheduling meetings, processing payments or other administrative duties, tasks or projects assigned by the commodity commission. ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services under this subsection, except that a contract for such services may not take effect until approved by the State Department of Agriculture as provided in subsection (6) of this section.

(2)

The commission may rent space or acquire supplies and equipment from any contractor as described in subsection (1) of this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer), 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) do not apply to such rentals or acquisitions.

(3)

Except as provided in this section, a contractor described in subsection (1) of this section shall be considered an independent contractor and not an employee, eligible employee, public employee or employee of the state for purposes of Oregon law, including ORS chapters 236, 238, 238A, 240, 243, 291, 292, 316 and 652.

(4)

A contractor described in subsection (1) of this section shall be considered an independent contractor and not a worker for purposes of ORS chapter 656 and ORS 670.600 (Independent contractor defined).

(5)

A contractor described in subsection (1) of this section may not be considered a public official, public officer, state officer or executive official for purposes of Oregon law, including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725 (Definitions for ORS 171.725 to 171.785) to 171.785 (Sanctions prescribed by either chamber of Legislative Assembly).

(6)

The State Department of Agriculture shall review the contract described in subsection (1) of this section for the adequacy of the clauses pertaining to statement of work, starting and ending dates, consideration, subcontracts, funds authorized in the budget, amendments, termination, compliance with applicable law, assignment and waiver, access to records, indemnity, ownership of work product, nondiscrimination, successors in interest, attorney fees, tax certification or merger or any other clause the department deems necessary.

(7)

The Oregon Department of Administrative Services, in consultation with the State Department of Agriculture, shall adopt rules necessary for the screening and selection of independent contractors under this section.

(8)

Except as provided in subsection (7) of this section, the State Department of Agriculture may promulgate any rules necessary for the administration and enforcement of this section. [1991 c.948 §2; 1997 c.802 §21; 2003 c.733 §79; 2003 c.794 §302; 2005 c.22 §§394,395; 2012 c.107 §66; 2019 c.275 §8]

Source: Section 576.306 — Independent contractors performing services for commission; rentals and acquisitions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors576.­html.

576.006
Definitions for ORS 576.006 to 576.022
576.009
Agricultural Development Division
576.013
Purpose of market development and commodity development services
576.019
Discrimination against any product or dealer prohibited
576.022
Authority and functions of Oregon State University unaffected
576.024
Department authorized to inspect records and businesses for economic study purposes
576.035
Market news service in Klamath Basin, central Oregon and Malheur areas
576.051
Definitions for ORS 576.051 to 576.455
576.053
Short title
576.054
Legislative findings
576.062
Establishment of commodity commissions
576.066
Department oversight of commodity commissions
576.206
Appointment of temporary members
576.215
Ex officio members of commission
576.225
Qualifications of members
576.245
Office vacant when member ceases to be qualified
576.255
Removal of members
576.265
Travel and other expenses of members
576.275
Meeting place of commission
576.285
Commission organization
576.304
Authority of commodity commissions
576.306
Independent contractors performing services for commission
576.307
Provision of state services to commission
576.309
Commission furnishing services, facilities and materials to other state agencies
576.311
Commission exempt from certain financial administration laws
576.315
Grants, donations and gifts
576.317
Intellectual property
576.320
Commission employees not subject to state personnel compensation plans
576.322
Legislative ratification of prior actions, rules and appointments
576.325
Levy and collection of assessments
576.327
Exemptions from assessment
576.335
Report by person responsible for collecting assessment
576.345
Producer to make reports of and pay assessment moneys on certain sales
576.351
Records of person required to pay or collect assessment
576.355
Penalty for delaying transmittal of funds
576.365
Penalty for failure to relinquish assessment moneys to commission
576.370
Disputes over assessment amounts
576.372
Authority of Oregon Alfalfa Seed Commission to adopt rules authorizing refunds
576.375
Payment of commission moneys to authorized agent
576.385
Bond or letter of credit required of person authorized to receive or disburse commission moneys
576.392
Cancellation of uncollectible assessment
576.395
Books, records and accounts of commission
576.410
“Fiscal year” defined
576.413
Adoption of calendar year as fiscal year
576.416
Preparation of commission budget
576.420
Expenditures prohibited unless budget procedure complied with
576.440
Limitation on expenditures
576.445
Unforeseen expenditures
576.455
Moneys of abolished commission
576.595
Sales are in commercial channels
576.610
Definitions for ORS 576.610 to 576.650
576.620
Department to perform mediation services
576.630
Request for mediation
576.640
Rules
576.650
Cooperation by state agencies
576.700
Definitions for ORS 576.700 to 576.710
576.705
Processors required to pay for commodities within 30 days after delivery
576.710
Applicability of ORS 576.705
576.715
Definitions for ORS 576.715 to 576.744
576.718
Seed production contract terms
576.721
Payment due date provisions in contracts authenticated prior to planting
576.726
Title
576.729
Seed purchase contract terms
576.732
Contract modification
576.735
Seed not meeting quality standards
576.738
Seed dealer failure to timely make payment
576.741
Seed dealer financial assurance
576.744
Rules
576.747
Reporting adoption of rules regarding dealer financial assurance
576.780
Definitions for ORS 576.780 to 576.809
576.783
Terms of seed production contract
576.786
Payment due date terms in contracts authenticated prior to planting
576.789
Seed bailment contracts and seed purchase contracts
576.792
Terms of seed purchase contract
576.795
Modification of contract
576.798
Seed not meeting contract quality standards
576.802
Failure of seed dealer to make timely payment
576.806
Financial assurance by seed dealer
576.809
Rules
576.814
Reporting adoption of rules regarding financial assurance by seed dealer
576.850
Definitions for ORS 576.850 to 576.877
576.853
Legislative findings
576.856
Oregon Wine Board
576.859
Board purpose and duties
576.862
Board powers
576.865
State wine cellar
576.868
Rules
576.871
Strategic plan
576.874
Payment of tax
576.877
Disposition of moneys
576.991
Penalties
Green check means up to date. Up to date