2007 Oregon Code - Chapter 193 :: Chapter 193 - Legal Notices
Chapter 193 —
Legal Notices
2007 EDITION
LEGAL NOTICES
MISCELLANEOUS MATTERS
NEWSPAPER PUBLICATION
193.010Â Â Â Â Definitions
for ORS 193.010 and 193.020
193.020Â Â Â Â Newspaper
in which public notice may be published
193.030Â Â Â Â Newspaper
in which district legal advertisements and notices may be published
193.040Â Â Â Â Publication
on weekdays in daily paper
193.050Â Â Â Â Notice
by telegraph
193.060Â Â Â Â Computation
of publication time
193.070Â Â Â Â Proof
of publication
193.080Â Â Â Â Filing
affidavit of publication; original or copy as evidence
193.090Â Â Â Â Compensation
for publication
193.100Â Â Â Â Payment
for newspaper publication of state laws or notices
RADIO AND TELEVISION BROADCASTS
193.310Â Â Â Â Definitions
for ORS 193.310 to 193.360
193.320Â Â Â Â Radio
and television broadcasts as supplement to newspaper publication
193.330Â Â Â Â Reference
to candidate for public office prohibited; transcript available to public
193.340Â Â Â Â Proof
of broadcast
193.350Â Â Â Â Selection
of broadcast stations
193.360Â Â Â Â Payment
for broadcasts authorized by state officer
NEWSPAPER PUBLICATION
     193.010
Definitions for ORS 193.010 and 193.020. As used in this section and in ORS 193.020:
     (1) “Bona fide subscriber” means a person
who has been a paid subscriber for an uninterrupted period of 12 months, such
subscription in no case to be over six months in arrears.
     (2) “Newspaper” means a newspaper of
general circulation, published in the English language for the dissemination of
local or transmitted news or for the dissemination of legal news, made up of at
least four pages of at least five columns each, with type matter of a depth of
at least 14 inches, or, if smaller pages, then comprising an equivalent amount
of type matter, which has bona fide subscribers representing more than half of
the total distribution of copies circulated, or distribution verified by an
independent circulation auditing firm, and which has been established and
regularly and uninterruptedly published at least once a week during a period of
at least 12 consecutive months immediately preceding the first publication of the
public notice. Interrupted publication because of labor-management disputes,
fire, flood or the elements for a period not to exceed 120 days, either before
or after a newspaper is qualified for publication of public notices, shall not
affect such qualification. [Amended by 1979 c.760 §1; subsection (1) renumbered
174.104 in 1999]
     193.020
Newspaper in which public notice may be published. (1) Any public notice of any description,
the publication of which is now or hereafter required by law, shall be published
in any newspaper, as defined in ORS 193.010, which is published within the
county, city of which any part lies within that county, city, district or other
jurisdiction where the action, suit or other proceeding is pending, or is to be
commenced or had, or in which the legal publication is required to be given.
     (2) If publication in only one newspaper
is required by law, and if more than one newspaper fulfills the requirements of
subsection (1) of this section, the public notice shall be published in that
newspaper which the moving party considers best suited to give actual notice.
However, nothing in this subsection prohibits the publication in more than one
newspaper if desired by the moving party.
     (3) If no newspaper is published within
the county, city, district or jurisdiction where the action, suit or other
proceeding is pending, or is to be commenced or had, or in which the legal
publication is required to be given, public notice shall be published in:
     (a) The newspaper published nearest to such
county, city, district or jurisdiction; or
     (b) Any publication that is published in
such county, city, district or jurisdiction and that satisfies all the
requirements for being a newspaper except that it is published less than once a
week but not less than once a month.
     (4) If more than one newspaper or
publication fulfills the requirements of subsection (3) of this section, the
public notice shall be published in that newspaper or publication which the
moving party considers most effective for providing actual notice. [Amended by
1963 c.432 §1; 1979 c.760 §2; 1983 c.831 §1]
     193.030
Newspaper in which district legal advertisements and notices may be published. Legal advertisements and notices for
irrigation districts and road districts, the publication of which is now
required by law, shall be published in a newspaper within the district; and if
there is no newspaper in the district, in the newspaper nearest to the district
affected. [Amended by 1973 c.57 §3]
     193.040
Publication on weekdays in daily paper. Where publication of any form of notice for successive or consecutive
days in a daily paper is provided for by statute, the publication of such
notice on weekdays is a full compliance with such statute.
     193.050
Notice by telegraph.
Whenever any notice, information or intelligence, written or otherwise, is
required to be given, the same may be given by telegraph. The dispatch
containing the same shall be delivered to the person entitled thereto, or to
the agent or attorney of the person. Notice by telegraph is actual notice.
     193.060
Computation of publication time. The time for the publication of legal notices shall be computed so as
to exclude the first day of publication and to include the day on which the act
or event of which notice is given is to happen, or which completes the full
period required for publication.
     193.070
Proof of publication. Proof
of publication of a document or notice required by law, or by an order of a
court or judge, to be published in a newspaper, may be made by the affidavit of
the owner, editor, publisher, manager or advertising manager of the newspaper
or the principal clerk of any of them, or the printer or the foreman of the
printer, showing the same. The affidavit may be in substantially the form set
forth in ORCP 7 F(2)(b) and shall have annexed a copy of the document or
notice. [Amended by 1979 c.284 §122]
     193.080
Filing affidavit of publication; original or copy as evidence. If an affidavit of publication is made in an
action, suit or proceeding pending in a court, it may be filed with the clerk
thereof; if not so made, it may be filed with the county clerk of the county
where the newspaper is printed. In either case, the original affidavit, or if
the same is filed with the clerk, a copy thereof, duly certified, is primary
evidence of the facts stated therein. [Amended by 1993 c.223 §6]
     193.090
Compensation for publication.
(1) The compensation for the publication of all public notices which are now or
hereafter required by law to be published shall be at a rate not to exceed that
published by a newspaper as its open display advertising rate, that is, the per
column inch rate charged local advertisers not under contract to a newspaper
for a fixed rate or minimum quantity of advertising. However, a newspaper shall
grant its customary discounts or contractual rates to the county, city,
district or other jurisdiction which fulfills the requirements necessary to
qualify for the discounts or contractual rates.
     (2) The published size of all public
notices shall be determined by the person authorizing publication of the public
notice, but shall be designed to afford the public reasonable ease in reading
the information contained therein. Any public notice which must be typeset by
the newspaper shall be in a type size no smaller than that used by that
newspaper in its regular classified advertising columns, with spacing between
lines and copy blocks commensurate with similar type matter. [Amended by 1963
c.576 §36; 1963 c.623 §1; 1971 c.295 §1; 1979 c.760 §3]
     193.095 [1967 c.283 §7; repealed by 1979 c.760 §4]
     193.100
Payment for newspaper publication of state laws or notices. When any law or notice is published in any
newspaper of this state, by virtue of any law authorizing any state officer to
direct such publication at the expense of the state, all charges for such
publication shall be paid as provided in ORS 293.295 to 293.462. The Oregon
Department of Administrative Services shall draw a warrant upon the State
Treasurer therefor, specifying the account upon which the warrant is drawn. The
treasurer shall pay the same in like manner as other appropriations are paid. [Amended
by 1983 c.740 §47]
     193.110 [Repealed by 1957 c.356 §1]
RADIO AND
TELEVISION BROADCASTS
     193.310
Definitions for ORS 193.310 to 193.360. As used in ORS 193.310 to 193.360, unless the context requires
otherwise:
     (1) “Broadcast” means the transmission of
information by means of radio or television facilities.
     (2) “Notice” means any notice that is
required by law to be published.
     (3) “Station” means any radio or
television station licensed for commercial operation by the Federal
Communications Commission. [1967 c.63 §1; 1979 c.190 §401]
     193.320
Radio and television broadcasts as supplement to newspaper publication. (1) Any state or other public officer who is
required by law to publish any notice may supplement publication thereof by
causing such notice or a concise summary or description thereof to be broadcast
at such times and with such frequency as the public officer determines suitable
when, in the judgment of the public officer, the public interest is served
thereby.
     (2) Notices by political subdivisions of
this state, cities, municipal and quasi-municipal corporations, special
districts and other public agencies shall be made only by stations whose
primary broadcast coverage encompasses the county or counties in which the
notice is required to be given. [1967 c.63 §3]
     193.330
Reference to candidate for public office prohibited; transcript available to
public. (1) In the broadcast
of the notice or material under ORS 193.310 to 193.360 and 251.295, no
reference by name to any person who is a candidate for elective public office
at the time of the broadcast shall be made.
     (2) Each station that broadcasts any
notice or material under ORS 193.310 to 193.360 and 251.295 shall retain at its
office a copy or transcription of the text of the notice or material as
broadcast for a period of six months after the broadcast. The copy or
transcript shall be available for public inspection at reasonable times. [1967
c.63 §4]
     193.340
Proof of broadcast. Proof of
publication of the notice or other material under ORS 193.310 to 193.360 and
251.295 shall be by affidavit of the owner, manager, assistant manager or
program director of the station, in substantially the following form:
______________________________________________________________________________
AFFIDAVIT OF BROADCAST
State of
                                  )          ss.
County of ______Â Â Â Â Â Â )
     I, _____, being first duly sworn, depose
and say that I
am the owner,
manager, assistant manager or program director of station _____, a radio
(television) station broadcasting from _____ in the aforesaid county and
state; that the notice (or other material) described as _____ was broadcast on
the following days: (here set forth dates and times when the same was
broadcast).
________
     Subscribed and sworn to before me _____ (Month) ___(Day), 2___.
________
Notary Public for
My commission expires: ______
______________________________________________________________________________
[1967 c.63
§5]
     193.350
Selection of broadcast stations. All public officials performing functions under ORS 193.310 to 193.360
and 255.510 shall select stations that best assure effective publicity for the
notice or material being broadcast, based on the nature of the notice or
material being broadcast. [1967 c.63 §6]
     193.360
Payment for broadcasts authorized by state officer. When any broadcast is made by order of a
state officer where publication of the same notice is made at the expense of
the state, all charges for the broadcast shall be paid as provided in ORS
293.295 to 293.462. The Oregon Department of Administrative Services shall draw
a warrant upon the State Treasurer therefor, specifying the account upon which
the warrant is drawn. The treasurer shall pay the amount in the same manner as
other amounts owed by the state are paid. [1967 c.63 §7; 1983 c.740 §48]
_______________
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