OAR 734-030-0030: Human Trafficking Awareness Information Program

(1) The purpose of the Human Trafficking Awareness program described in OAR 734-030-0030 is to provide information in Department Rest Areas for victims of human trafficking. When a Department Rest Area is managed by Travel Information Council (TIC) under agreement with the Department, an Eligible Non-Profit Organization would work directly with TIC for placement of Human Trafficking Awareness Information in a Rest Area as described in this rule. (2) As used in this rule, the following definitions will apply: (a) “Applicant” means the Eligible Non-Profit Organization providing Human Trafficking Awareness Information for placement in a Rest Area, and named in and signing the application, and to whom the Permit is issued. (b) “DM” means the Department District Manager or designee. DMs are responsible for highway maintenance, operations, and issuing permits for use of operating right of way for all State highways within a specific geographic area or “District”. (c) “Department” means the Oregon Department of Transportation or ODOT. (d) “Eligible Non-Profit Organization” means a tax exempt organization under the Internal Revenue Code Section 501(c) (3) formed for the expressed purpose of providing services to victims of human trafficking. (e) “Human Trafficking” means the action or practice of illegally transporting people from one country or area to another, typically for the purposes of forced labor or commercial sexual exploitation. (f) “Human Trafficking Awareness Information” means a poster that provides information on services available to victims of Human Trafficking. (g) “Participant” means a member of the Eligible Non-Profit Organization performing work to install and maintain Human Trafficking Awareness Information in a Rest Area. (h) “Permit” means the application as a fully executed form signed, issued and controlled by the DM on behalf of the Department allowing Applicant and its Participants to install and maintain Human Trafficking Awareness Information in a Rest Area. A Permit includes all attached provisions and exhibits. A Permit does not convey any property right or interest. (i) “Rest Area” means a roadside area separated from the main travel way and under the control of the Department which provides rest rooms, drinking water, and other facilities needed for the rest and safety of motorists. For the purposes of this rule, when a Rest Area is sited on both sides of the highway, the two sides will be considered as separate Rest Areas. (3) An Eligible Non-Profit Organization formed for the purpose of providing assistance to victims of human trafficking may provide, install and maintain posters in a Rest Area. The posters may be provided in hard copy, laminated and no larger than 8-1/2” x 11” or as a print ready electronic file in black and white and no larger than 8-1/2” x 11”, in a format acceptable to the Department or Travel Information Council. (4) The posters must state it pertains to human trafficking and have a 24 hour toll free hotline telephone number and a hotline text messaging number to report suspected human trafficking, and be in English and other languages commonly spoken in the State of Oregon. The poster may also include a statement of the impact of human trafficking, symbols or graphics necessary to convey the message, the name and the logo of the organization providing assistance to victims of human trafficking, but may not contain any other information, advertising or commercial messaging. (5) The information in the poster must be objectively verifiable as determined by the Department or Travel Information Council. If it is determined the poster has offensive or inappropriate content, or that the poster causes harm to the Rest Area or Rest Area users, the display of the poster may be refused. (6) The Eligible Non-Profit Organization may volunteer to provide, install, and maintain Human Trafficking Awareness posters in one or more Rest Areas. Up to one poster may be installed in a conspicuous location inside each Rest Area restroom and one poster inside each toilet stall available to the general public. The posters are to be installed in a vandal resistant manner such as behind at least ¼ inch abrasion resistant polycarbonate cut at least 1 inch larger than the poster and mounted with tamper resistant fasteners. When polycarbonate is used, it must be cut so there are no sharp edges or corners that interfere with the maintenance and operation of the restroom or cause harm to Rest Area users. (7) The Eligible Non-Profit Organization must establish a schedule to inspect the posters at least once a month and take necessary action to maintain the posters in a neat, clean condition. In the event vandalism or damage to the Human Trafficking Awareness Information is discovered by the Department or Travel Information Council, the Eligible Non-Profit Organization will be notified. The Eligible Non-Profit Organization must repair, replace or remove the Human Trafficking Awareness Information within 48 hours of notification. If the poster is not repaired, replaced, or removed within the time specified, the poster may be removed and the Rest Area restored at the sole expense of the Eligible Non-Profit Organization. (8) The Eligible Non-Profit Organization is responsible for the accuracy of the content of the poster. Should the information contained in the poster change, the Eligible Non-Profit Organization must provide additional copies of the updated poster or a new electronic file at no cost to the Department or Travel Information Council. (9) A Rest Area may have Human Trafficking Awareness Information from no more than one Eligible Non-Profit Organization. If more than one Eligible Non-Profit Organization desires to provide Human Trafficking Awareness Information for the same Rest Area, the selection will be made by earliest date of application or by a random drawing. (10) The Eligible Non-Profit Organization must work directly with Travel Information Council for placement of Human Trafficking Awareness Information in a Rest Area which is managed by Travel Information Council. In such instances, the Eligible Non-Profit Organization must provide Human Trafficking Awareness Information in accordance with these rules to Travel Information Council. Travel Information Council will determine that such informational posters comply with these rules. Travel Information Council may have a volunteer program, consistent with these rules, for the placement of Human Trafficking Awareness Information in the Rest Areas it manages. (11) In lieu of volunteering their time, the Eligible Non-Profit Organization may donate to the Department funds for the printing, installation and maintenance of Human Trafficking Awareness Information in Rest Areas. The Department may also receive gifts, grants or contributions from any source donated for the printing, installation and maintenance of Human Trafficking Awareness Information to be placed in Rest Areas. Donated funds will be held in the “Human Trafficking Awareness Fund” and accounted for separately from other funds available to the Department. The Department will allocate funds to Travel Information Council from the Human Trafficking Awareness Fund for the placement of Human Trafficking Awareness Information in Rest Areas managed by Travel Information Council. (12) If sufficient revenue is available in the Fund or from funds, other than Highway Trust Funds, that may become available to the Department, the Department may agree to print, install and maintain the posters provided by the Eligible Non-Profit Organization in Rest Areas managed by the Department. (13) If the Eligible Non-Profit Organization provides hard copies of the poster but does not volunteer to install and maintain the Human Trafficking Awareness Information, the Eligible Non-Profit Organization must provide an adequate number of posters for installation of at least one poster inside each Rest Area restroom available to the general public; and must provide additional posters as needed upon request. (14) When the Rest Area is managed by the Department, the Eligible Non-Profit Organization must volunteer in writing on the form provided by the Department to the DM for the District in which the Rest Area is located. (a) A Permit will be executed by the Eligible Non-Profit Organization and the DM on behalf of the Department. The Permit will list the specific requirements and obligations of the Applicant including the number of posters to be installed and the approved location for those posters within the Rest Area restroom. When the Department will install the posters, the Permit will include the number of posters to be provided by the Eligible Non-Profit Organization or acceptance of an electronic file from which the Department will print the posters. (b) The Applicant will be responsible for selecting a spokesperson to act as its representative in matters relating to the Permit. The spokesperson is the primary contact for the Applicant and is responsible for assuring compliance with the Permit by the Applicant and its Participants. (c) An application is not a Permit until it is approved and signed by the DM. No work is to be done in the Rest Area until the Applicant has obtained a valid Permit. The approved Permit must be physically at the work site when the work is being performed. (d) The term of the permit will be for a period of at least one year but not more than three years. (e) The Permit is not transferable. The Applicant remains responsible for any work done under the permit that is subcontracted or assigned to any party by the Applicant. (f) A Permit may be issued at the DM’s discretion. The DM may cancel a Permit for any reason including, but not limited to safety considerations concerning Rest Area operations, failure of the Applicant to perform the work described in the Permit, or failure of the Applicant to comply with provisions of the Permit. (g) The Applicant may cancel the permit with 30 days written notice to the DM. (h) The Applicant has the option of renewing the Permit for subsequent terms up to a maximum term of three years subject to the approval of the DM. Such request must be submitted in writing, signed by the Applicant and submitted to the DM at least 30 days prior to the permit expiration date. Beyond the maximum term of three years, the Applicant may reapply for a new Permit as described in section 14. (i) The Applicant shall not use the Rest Area or the state highway to display advertising signs or display or sell merchandise of any kind. (j) The Department or its employees shall not be responsible or liable for injury, damage, or loss sustained by the Applicant, its Participants or the activity covered by the Permit as a result of Department maintenance and construction operations or resulting from motorist or Rest Area user operations, or Department contractor or other permitted operations, except injury or damage caused by the negligence of the Department or its employees. (k) The Applicant shall indemnify and hold harmless the State of Oregon, the Oregon Transportation Commission, the Department, its officers, agents and employees against any and all damages, claims, demands, actions, causes of action, costs and expenses of any nature which they or any of them may sustain by reasons of the acts, conduct, or operation of Applicant, its agents, employees, or other individuals acting under the Permit. (L) When the Applicant installs and maintains the posters: (A) The Applicant will be responsible and liable for the care, control, supervision and assurance of safety of all Participants and for any damage or injury to any persons or property resulting from the activities being conducted under the Permit. (B) If Rest Area facilities are damaged by the Applicant, the Applicant shall replace or restore the Rest Area facility to a condition satisfactory to the DM, whether discovered at the time of the activity or at a later date. The DM may require the Applicant to replace or restore the Rest Area to a condition satisfactory to the DM, or the DM may replace or restore the Rest Area by contractor or state forces and assess the costs incurred to the Applicant. (C) The Applicant shall obtain and carry liability and property damage insurance policy or policies providing coverage against claims, demands, suits or actions for property damage, personal injury, or death resulting from any activities of Applicant, its officers, employees, agents or contractors in connection with the activity being conducted as authorized by the Permit. In addition, Applicant shall include as additional insured the State of Oregon, the Commission, the Department, and members thereof, its officers, agents and employees. The Applicant shall provide proof of coverage of a combined single limit of at least $500,000. The insurance policy or policies shall be with an insurance company duly authorized and licensed to do business in the State of Oregon. There shall be no cancellation, material change, potential exhaustion of aggregate limits, or non-renewal of insurance coverage without thirty (30) days written notice from the Applicant or its insurer to the Department. A copy of the certificate of insurance must be submitted to the Department of Transportation, Maintenance and Operations Branch, 455 Airport Road SE, Building K, Salem OR 97301 before any activity is commenced under the Permit and remain in effect during the term of the Permit. (D) The Applicant and each Participant must comply with and abide by all laws, rules, and regulations relating to safety and use of the Rest Area, and such other terms and conditions as may be required in the Permit. (E) The Applicant must provide adult supervision at the Rest Area by at least one Participant over 18 years of age. Each Participant must be at least 16 years of age. (F) The Applicant is responsible for the equipment, supplies and materials required to provide, install and maintain the Human Trafficking Awareness Information. (G) Vehicles used by the Applicant and its Participants for transportation to and from the Rest Area must be parked only in designated parking areas. (H) To ensure compliance with the Permit, the Department may inspect the activity and require Applicant to take any needed corrective action. Any supervision exercised by the Department in no way relieves Applicant of its duty or responsibility to the general public or from any liability for loss, damage, or injury to persons or property as provided in this section.