(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, 279.835 to 279.855 and 283.085 to 283.092 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.
(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 to 171.785.
(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]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 576 - Agricultural Marketing Generally
Section 576.006 - Definitions for ORS 576.006 to 576.022.
Section 576.051 - Definitions for ORS 576.051 to 576.455.
Section 576.054 - Legislative findings.
Section 576.062 - Establishment of commodity commissions.
Section 576.066 - Department oversight of commodity commissions; rules.
Section 576.225 - Qualifications of members; changes in commission composition; rules.
Section 576.255 - Removal of members.
Section 576.265 - Travel and other expenses of members; per diem; rules.
Section 576.304 - Authority of commodity commissions; rules.
Section 576.307 - Provision of state services to commission.
Section 576.317 - Intellectual property; rules.
Section 576.322 - Legislative ratification of prior actions, rules and appointments.
Section 576.327 - Exemptions from assessment; rules.
Section 576.335 - Report by person responsible for collecting assessment.
Section 576.345 - Producer to make reports of and pay assessment moneys on certain sales.
Section 576.351 - Records of person required to pay or collect assessment; inspections and audits.
Section 576.355 - Penalty for delaying transmittal of funds.
Section 576.375 - Payment of commission moneys to authorized agent; financial transactions.
Section 576.410 - "Fiscal year" defined.
Section 576.413 - Adoption of calendar year as fiscal year.
Section 576.416 - Preparation of commission budget; annual financial statement.
Section 576.440 - Limitation on expenditures.
Section 576.445 - Unforeseen expenditures.
Section 576.455 - Moneys of abolished commission.
Section 576.610 - Definitions for ORS 576.610 to 576.650.
Section 576.700 - Definitions for ORS 576.700 to 576.710.
Section 576.710 - Applicability of ORS 576.705.
Section 576.715 - Definitions for ORS 576.715 to 576.744.
Section 576.718 - Seed production contract terms.
Section 576.721 - Payment due date provisions in contracts authenticated prior to planting.
Section 576.726 - Title; bailments; liens.
Section 576.729 - Seed purchase contract terms.
Section 576.732 - Contract modification; damages for breach.
Section 576.735 - Seed not meeting quality standards.
Section 576.738 - Seed dealer failure to timely make payment; fee.
Section 576.741 - Seed dealer financial assurance; rules; license refusal; agents.
Section 576.744 - Rules; mediation services.
Section 576.747 - Reporting adoption of rules regarding dealer financial assurance.
Section 576.780 - Definitions for ORS 576.780 to 576.809.
Section 576.783 - Terms of seed production contract.
Section 576.786 - Payment due date terms in contracts authenticated prior to planting.
Section 576.789 - Seed bailment contracts and seed purchase contracts; title; lien.
Section 576.792 - Terms of seed purchase contract.
Section 576.795 - Modification of contract; damages for breach.
Section 576.798 - Seed not meeting contract quality standards.
Section 576.802 - Failure of seed dealer to make timely payment; fee.
Section 576.806 - Financial assurance by seed dealer.
Section 576.809 - Rules; dispute resolution services.
Section 576.814 - Reporting adoption of rules regarding financial assurance by seed dealer.
Section 576.850 - Definitions for ORS 576.850 to 576.877.
Section 576.853 - Legislative findings.
Section 576.856 - Oregon Wine Board.
Section 576.862 - Board powers.
Section 576.865 - State wine cellar; sources; uses.
Section 576.868 - Rules; board employees.
Section 576.871 - Strategic plan; budget; rules.
Section 576.874 - Payment of tax; delayed payment; records; inspections and audits.