OAR 629-170-0035: Written Agreement; Terms of Reimbursement

(1) As a condition of authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester may request the firefighter, the firefighter’s legal counsel or both, enter into a written agreement with the State Forester to establish the terms under which expenditures will be made that may include, but are not limited to: (a) Designation of a department employee to act as the main point of contact in carrying out the terms of the agreement; (b) Limits on the funds to be made available by the State Forester; (c) Documentation that may be required to support expenditures and ensure appropriate fiscal procedures; (d) Timing of expenditures; (e) Means of recovering funds paid out upon a determination that the employee misrepresented any material facts in the course of making the request for reimbursement required by OAR 629-170-0015, the State Forester’s investigation, or at trial; and (f) Clauses to protect the State of Oregon from any additional liabilities that might arise as a result of these actions. (2) Upon final determination by the State Forester to authorize expenditures under ORS 477.128 and enter into an agreement described in this rule, the firefighter’s cost, if any, of development or legal review of the agreement may be included in the expenditures authorized by the State Forester. (3) The State Forester may consult with legal counsel from the Department of Justice with regard to the form and content of the agreement described in this rule, provided that no information directly related to the facts of the criminal case be revealed.