(1) Pursuant to ORS
the Department of Agriculture may collect annual fees from the commodity
commissions to reimburse the Department for the supervisory and administrative
functions that the Department performs according to ORS Chapters 576, 577, and
578. The Department shall consult with the Commodity Commission Oversight
Program Advisory Committee related to the annual fees.
(2) The total fee assessed to the commissions
shall not exceed $350,000 per fiscal year, beginning with the fee invoiced in
fiscal year 2018-2019. The fee shall be used to reimburse the Department for
expenses incurred in the previous fiscal year.
(3) The fees for each commission shall be
determined using the assessment income as shown on the annual financial reports
submitted to the Department.
The total fee for each commodity commission shall be calculated as follows:
(a) First, calculate the base fee for each
commission. The base fee for each commission equals 2.3% of the actual
assessment income that the commission received in the fiscal year two years
prior to the calculation, except that for those commissions with assessment
income of $30,000 or less the base fee shall be a flat fee of $750, and except
that for those commissions with assessment income exceeding $1,521,738 the base
fee shall be a flat fee not to exceed $45,000.
(b) Second, calculate the first shortfall by
totaling all the base fees and subtracting the result from the Commodity
Commission Oversight Program's (the program) annual operating costs, which are
not to exceed $350,000.
calculate the assessment factor for each commission. The assessment factor
shall be determined by dividing each commission's fiscal year assessment
collection by the total assessment income collected from all commodity
commissions. The Department shall use the assessment collection shown on each
commission's yearend financial statements from the fiscal year two years before
the calculation. (For example, when calculating the fee invoiced in fiscal year
2018-19, the Department shall use the assessment shown on the 2017-18 year-end
calculate the shortfall portion for each commission. For commissions paying a
base fee based on a percentage of its actual assessment income, the shortfall
portion equals the first shortfall multiplied by the assessment factor for that
commission. For commissions paying a base fee based on a flat fee, the
shortfall portion is not calculated.
(e) Fifth, calculate the combined fee for
each commission. The combined fee for each commission equals the base fee for
that commission plus the shortfall portion for that commission.
(f) Sixth, add all the combined fees for all
commissions. If the total does not equal the actual cost of the program, which
is not to exceed $350,000, a second shortfall exists.
(g) Seventh, if subsequent shortfalls exist,
the Department shall assess those shortfalls to each commission that is paying
a fee based on a percentage of its actual assessment income.
(5) The Department shall invoice
each commission no later than November 15 each year; and the total fees shall
be paid to the Department no later than December 31 of each year.
Or. Admin. R.
DOA 11-2000, f. & cert.
ef. 4-18-00; DOA 14-2007, f. & cert. ef. 8-23-07; DOA 9-2011, f. &
cert. ef. 5-10-11; DOA 23-2012, f. & cert. ef. 8-6-12;
8-2019, amend filed 03/07/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS 561, 576, 577 & 578