1. (1) The Department shall keep a record of any person who violates the requirements of OAR 736-018-0105 to 736-018-0140. In addition, the Department shall subscribe to and keep lists or records of persons who violate the requirements of export rules of other Oregon state agencies.
2. (2) A person whose name appears on the records for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 736-018-0105 to 736-019-0140 or any other Oregon state agency’s log export rules shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045.

3. (3) The Department may suspend operations and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 736-018-0105 to 736-018-0140, and assess damages according to the following formula:

   D = (OSV+AC) - (PR+RSV), where:

   D = Damages and Expenses

   OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales.

   AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law.

   PR = Payments Received

   RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the Department’s estimate of remaining volume, multiplied by the dollar values stated in the contract.

Statutory/Other Authority

ORS 390.121(3)

Statutes/Other Implemented

ORS 390.121

History

PR 6-1991, f. & cert. ef. 5-29-91
PR 1-1991(Temp), f. & cert. ef. 1-2-91