OAR 629-031-0035: Purchaser Disqualification and Termination of Contracts

(1) The State Forester shall keep a record of any person who violates the requirements of OAR’s 629-031-0005 to 629-031-0040. (2) A person whose name appears on the record for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 629-031-0005 to 629-031-0040 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)(a) The State Forester may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 629-031-0005 to 629-031-0040, and assess damages according to the following formula: (b) D = (OSV+AC) - (PR+RSV), where: (A) D = Damages and Expenses; (B) 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; (C) 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; (D) PR = Payments Received; (E) RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the State Forester’s estimate of remaining volume, multiplied by the dollar values stated in the contract.