Oregon Chapter 176
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TITLE 18
EXECUTIVE
BRANCH; ORGANIZATION
Chapter 176. Governor
177. Secretary of State
178. State Treasurer
179. Administration of State Institutions
180. Attorney General; Department of Justice
181. State Police; Crime Reporting and Records;
Public Safety Standards and Training
182. State Administrative Agencies
183. Administrative Procedures Act; Legislative
Review of Rules; Civil Penalties
184. Administrative Services and Transportation
Departments
185.
_______________
Chapter 176 —
Governor
2007 EDITION
GOVERNOR
EXECUTIVE BRANCH; ORGANIZATION
GENERAL PROVISIONS
176.010 Commencement
of term; inauguration
176.020 Cessation
of term
176.040 Disability
of Governor, how determined; succession to office, when permitted
176.050 Finding
that disability is, or is not, removed
176.110 Actions
of Governor-elect; budget report; tax expenditure report; expenses
176.250 Service
of subpoena upon Governor
LAW ENFORCEMENT MEDAL OF HONOR
176.260 Award
of medal
176.262 Governor’s
Commission on the Law Enforcement Medal of Honor; rules
176.264 Law
Enforcement Medal of Honor Account
PROCLAMATIONS
(Death of Unknown Persons)
176.740 Governor’s
proclamation; presumption for missing person; death certificate
(Energy Resources Emergency Powers)
176.750 “Energy
resources” defined
Note Suspension
of ethanol standards--2007 c.885 §§4,5
176.755 Policy
176.760 Information
to be available to Governor
176.765 Confidentiality
of information; use; liability
176.770 Curtailment
priorities
176.775 Content
of Governor’s proclamation of lack of energy resource or resource emergency
176.780 Action
authorized by proclamation under ORS 176.775
176.785 Proclamation
of state of emergency
176.790 Duration
of emergency under proclamation; renewal or extension of proclamation
176.795 Actions
authorized by proclamation under ORS 176.785
176.800 Construction
of ORS 176.750 to 176.815
176.805 Status
of proclamation, order or directive as rule; judicial review
176.809 Governor’s
energy emergency contingency plan
176.815 Cooperation
with local governments
176.820 State
Department of Energy Account
PENALTIES
176.990 Penalties
CROSS-REFERENCES
Reports to Governor
Adjutant General, Oregon National Guard
(annual, by November 1), 396.160
Adult Offender Supervision, Interstate
Commission for, activities and recommendations (annual), 144.600 (Article V)
Agriculture, Department of, environmental
justice (annual), 182.550
Agriculture, Director of, activities related
to weights and measures (annual), 618.021
Agriculture, State Board of (biennial),
561.378
Alcohol and Drug Abuse Programs, Governor’s
Council on, findings and recommendations (by January 1 each even-numbered
year), 430.255
Appointing authorities, diversity of
individuals appointed to fill vacancies in governmental office (annual),
236.115
Asian Affairs, Commission on, needs of Asian
Americans (biennial), 185.620
Asset Forfeiture Oversight Committee, civil
forfeitures (annual, by March 31), 475A.155
Attorney General, extradition (at Governor’s
request), 133.757
Audits, Division of, loss of public funds or
property involving public office, 297.120
Child Care, Commission for (biennial), 657A.600
Children and Families, State Commission on
Service
system status and additional proposals (biennial), 417.735
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Climate Change Research Institute,
College Savings Board,
Community Colleges and Workforce Development,
Department of, plant closings and mass layoffs (annual), 285A.522
Corrections Enterprises,
Debt Policy Advisory Commission, State,
consolidated bond profile, outstanding debt and net borrowing capacity
(annual), 286A.255
Disabilities Commission,
Economic and Community Development
Commission,
Director’s
performance, recommendations (periodic), 285A.070
Economic
development efforts, success (biennial), 285A.050
Economic and Community Development Department,
financial statements for individual funding programs (annual), 285A.206
Education, Department of
Alcohol
and drug abuse policies and implementation plans, 336.245
Environmental
justice (annual), 182.550
Steroids
and performance-enhancing substances (by September 30, 2008), 2007 c.395 §4
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Employment Department
Replacement
of Unemployment Compensation Administration Fund moneys, director (as necessary),
657.825
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Employment Relations Board, labor disputes
(at Governor’s request), 662.425
Energy, Director of State Department of
Radioactive
material transportation (biennial), 469.617
Transactions
of loan and sinking funds (biennial), 470.140
Energy, State Department of
Comprehensive
energy plan (each odd-numbered year), 469.060
Outdoor
lighting (by October 1, 2008), 2007 c.551 §3
Environmental Justice Task Force, progress,
issues (annual), 182.538
Environmental Quality, Department of
Accomplishments
and goals (annual, by January 15), 465.235
Environmental
justice (annual), 182.550
Facilities Authority,
Film and Video Office,
Fire Marshal, State
Environmental
justice (annual), 182.550
Summary
of hazardous substance emergencies (annual), 453.342
Fire Service Policy Council, Governor’s,
overall performance of office of State Fire Marshal (biennial), 476.685
Fish and Wildlife Commission, State,
activities (biennial), 496.128
Fish and Wildlife, State
Department of
Environmental
justice (annual), 182.550
Fish
passage, director (periodic), 509.595
Natural
production of anadromous fish runs (semiannual), 496.480
Forester, State
Forestry
management programs (biennial), 526.255
Woody
biomass collection and conversion (triennial), 526.280
Forestry Department, State,
environmental justice (annual), 182.550
Geology and Mineral Industries, State
Department of, environmental justice (annual), 182.550
Health Fund Board,
Health Policy and Research, Administrator of
Office for
Health Services Commission, health services
priorities, list (by July 1 each even-numbered year), 414.720
Higher Education, State Board of, proposed
budget (biennial), 351.090
Historic Preservation Officer, State,
financial condition and operation of Historic Preservation Revolving Loan Fund
(annual), 358.678
Human Services, Department of
Alcohol
and drug abuse policies and implementation plans for school districts
(biennial), 336.245
Community
Mental Health Housing Fund, revenues and expenditures (biennial), 426.506
Developmental
Disabilities Community Housing Fund, revenues and expenditures (biennial),
427.340
Environmental
justice (annual), 182.550
JOBS
Plus Program analysis, recommendations (annual), 411.896
Mental
health treatment and services (biennial), 430.640
Tobacco
Use Reduction Account grants (biennial), 431.836
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Human Services, Director of, planning and
policy formulation (periodic), 409.160
Independent Multidisciplinary Science Team,
Oregon Plan (annual), 541.409
Indian Services, Commission on, all matters
of concern to Indians (biennial), 172.120
Injured workers, ombudsman for, services
provided, recommendations (at least once each quarter), 656.709
Innovation Council,
Interagency Coordinating Council, State,
status of early intervention programs (annual), 343.499
Investment Council,
JOBS Plus Advisory Board, program status and
progress (annual), 411.888
Judicial Conference (annual), 1.840
Justice, Department of
Activities
(biennial), 147.205
Matters
referred by Governor, 180.520
Juvenile Crime Prevention Advisory Committee,
progress (periodic), 417.850
Klamath River Basin Compact Commission,
finances and activities (annual), 542.620 (Article IX)
Korean American Day Commission (by February 1
each odd-numbered year), 2007 c.68 §2
Land Conservation and Development, Department
of, environmental justice (annual), 182.550
Land Use Planning, Oregon Task Force on,
findings and recommendations (by February 1, 2009), 2005 c.703 §1
Lands, Department of State, environmental
justice (annual), 182.550
Long Term Care Ombudsman, office of
(semiannual), 441.109
Lottery Commission,
Budget
estimates and requests (by November 10 each even-numbered year), 461.140
Operation
of state lottery (quarterly and annual), 461.100
Lottery, Director of the
Marine Board, State, environmental justice
(annual), 182.550
Minority, Women and Emerging Small Business,
Advocate for, status of minorities and women in marketplace, recommendations
(annual), 200.025
Multistate Tax Commission, activities
(annual), 305.655 (Article VI)
Natural resource agencies, directors,
environmental justice (annual), 182.550
Ombudsman services, persons performing,
summary of services, recommendations (at least once each quarter), 182.500
Oregon Community Power, board of directors,
activities and operations, audit summary (annual, by April 15), 757.842
Activities
and operations (annual, by April 15), 353.080
Impact
of Oregon Opportunity program on Oregon Health and
Oregon University System, alcohol and drug
abuse policies and implementation plans, 336.245
Pacific Northwest Electric Power and
Conservation Planning Council, review of actions (annual, on October 1),
469.845
Parks and Recreation Department, State,
designation of scenic waterways (periodic), 390.855
Parks and Recreation Director, State,
activities of State Advisory Committee on Historic Preservation (biennial),
358.687
Pest Control Insurance Fund, activities
(annual), 570.650 (Article IV)
Pharmacy, State Board of, receipt and
expenditure of additional moneys (periodic), 689.135
Public Officials Compensation Commission (by
November 10 each even-numbered year), 292.912
Public Safety Memorial Fund Board, activities
(biennial), 243.970
Public Safety Standards and Training, Board
on, evaluation of director’s implementation of policy and standards (annual),
181.635
Public Utility Commission, environmental
justice (annual), 182.550
Quality Education Commission, current and
best education practices (by July 31 each even-numbered year), 327.506
Racing Commission,
Revenue, Director of the Department of,
revenue raising functions of state agencies (biennial), 305.025
School Safety, Center for, status of school
safety (annual, by July 1), 339.331
Secretary of State
Audits
of state agencies (as necessary), 297.210
School
district and education service district audits, 326.133
State
Accident Insurance Fund Corporation and Industrial Accident Fund, audit and
review (annual), 656.772
Seismic Safety Policy Advisory Commission,
earthquake hazards, 401.343
Semi-independent state agencies, operations
(by January 1 each even-numbered year), 182.472
Small business, ombudsman for, services
provided, recommendations (at least once each quarter), 656.709
Spinal Cord Injury Research Board, status of
funds, research progress (by January 1 each odd-numbered year), 431.292
State Accident Insurance Fund Corporation,
board of directors, activities and operations (annual, by April 15), 656.751
State agencies
Administrative
reports, work performance (periodic), 291.018
Affirmative
action objectives, performance (biennial), 659A.012
Bonded
indebtedness (biennial), 286A.035
Programs
of state agency that affect Indian tribes (annual, by December 15), 182.166
Real
property and facility maintenance account (biennial), 276.285
Telecommunications Coordinating Council,
Transportation Commission,
Transportation, Department of, environmental
justice (annual), 182.550
Travel Information Council, activities and
operations (annual), 377.838
Treasurer, State, investment of moneys in
Oregon Growth Account (annual), 348.703
University of
Veterans’ Affairs, Director of, Advisory
Committee, administration of office of the director (annual), 406.220
Volunteers Commission for Voluntary Action
and Service,
Water Resources Commission, transactions of
Water Development Fund and Bond Sinking Fund (biennial), 541.855
Water Resources Department, environmental
justice (annual), 182.550
Watershed Enhancement Board,
Western Interstate Commission for Higher
Education, activities (annual, by January 15), 351.780 (Article VII)
Women, Commission for, concerns and issues
confronting women (biennial), 185.510
GENERAL PROVISIONS
176.010
Commencement of term; inauguration. The official term of the Governor shall commence upon the publication
of the returns by the Speaker of the House of Representatives, as provided in
section 4, Article V, Oregon Constitution; or in case of an election of the
Governor by the Legislative Assembly, as provided in section 5, Article V,
Oregon Constitution, the official term of the Governor shall commence
immediately upon such election; and the Governor shall be inaugurated by taking
the oath of office.
176.020
Cessation of term. The term
of office of the Governor ceases when the successor of the Governor, having
been declared elected by the Legislative Assembly as provided in the
Constitution, is inaugurated by taking the oath of office.
176.030 [Renumbered 176.510]
176.040
Disability of Governor, how determined; succession to office, when permitted. (1) Whenever it appears that the Governor is
unable to discharge the duties of the office, the person next in line of
succession to the office of Governor or the person who is Chief Justice of the
Supreme Court of Oregon may call a conference consisting of the person who is
Chief Justice, the person who is chief medical officer of the state hospital in
Salem and the person who is dean of the Oregon Health and Science University.
The three members of the conference shall examine the Governor. After the
examination, or if upon attempting to examine the Governor the members of the
conference are unable to examine the Governor because of circumstances beyond
their control, they shall conduct a secret ballot and by unanimous vote may
find that the Governor is temporarily unable to discharge the duties of the
office.
(2) The finding of or failure to find a
disability shall be made public, and in case the Governor is found to be unable
to discharge the duties of the office, the person next in line of succession to
the office of Governor shall be notified. After receiving the notification such
person may, under section 8, Article V of the Oregon Constitution, become
Governor until the disability be removed. [1959 c.672 §1; 1969 c.391 §13]
176.050
Finding that disability is, or is not, removed. (1) Whenever a Governor who is unable to
discharge the duties of the office believes that the Governor’s disability has
been removed, the Governor may call a conference consisting of the three
persons referred to as members of such a conference in ORS 176.040 (1). The
three members of the conference shall examine the Governor. After the
examination they shall conduct a secret ballot and by unanimous vote may find
the disability removed.
(2) The finding of or failure to find the
disability removed shall be made public. [1959 c.672 §2; 2005 c.22 §123; 2007
c.70 §40]
176.110
Actions of Governor-elect; budget report; tax expenditure report; expenses. (1) The person elected to the office of
Governor may take any action prior to the date the official term of office
commences that is necessary to enable the Governor to exercise on such date the
powers and duties of the office of Governor.
(2) The Governor-elect shall cause the
budget report and the tax expenditure report for the biennium beginning July 1
of the year in which the Governor takes office to be compiled and prepared for
printing as required in ORS 291.222.
(3) All necessary expenses of the
Governor-elect incurred in carrying out the provisions of this section shall be
audited by the Secretary of State and paid from any funds appropriated for this
purpose in the same manner as other claims against the state are paid. [1965
c.80 §1; 1969 c.464 §1; 1995 c.746 §73]
176.250
Service of subpoena upon Governor. Notwithstanding any provision of the Oregon Rules of Civil Procedure
or other laws of this state, service of subpoena upon the Governor shall be
made by delivering a copy to the legal counsel to the Governor or, in the legal
counsel’s absence, an assistant to the Governor. [1983 c.82 §3]
LAW
ENFORCEMENT MEDAL OF HONOR
176.260
Award of medal. (1) The Law
Enforcement Medal of Honor is established. Upon nomination by the Governor’s
Commission on the Law Enforcement Medal of Honor established in ORS 176.262,
the Governor may award the medal in the name of the state to a law enforcement
officer who has been distinguished by exceptionally honorable and meritorious
conduct. The medal may be awarded posthumously to a representative of the
deceased law enforcement officer.
(2) The medal shall be bronze and consist
of a police shield overlaid by a sheriff’s star with the seal of the State of
176.262
Governor’s Commission on the Law Enforcement Medal of Honor; rules. (1) The Governor’s Commission on the Law
Enforcement Medal of Honor is established consisting of six members appointed
by the Governor as follows:
(a) One member shall be a representative
of the Governor’s office;
(b) One member shall be a representative
of the Department of Public Safety Standards and Training;
(c) One member shall be a representative
of the Oregon Association Chiefs of Police;
(d) One member shall be a representative
of the Oregon State Sheriffs’ Association;
(e) One member shall be a representative
of a statewide organization of police officers; and
(f) One member shall be a representative
of a statewide organization of peace officers.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(3) The commission shall:
(a) Adopt rules establishing
qualifications for nomination as a recipient of the Law Enforcement Medal of
Honor;
(b) Meet at least once every six months to
consider candidates for nomination for the Law Enforcement Medal of Honor; and
(c) Nominate candidates for the Law
Enforcement Medal of Honor.
(4) The Department of Public Safety
Standards and Training shall provide staff for the commission.
(5) The commission may seek and accept
contributions of funds and assistance from any source for the purpose of
carrying out the provisions of ORS 176.260. All funds received by the
commission under this subsection shall be paid into the State Treasury and
deposited into the Law Enforcement Medal of Honor Account established in ORS 176.264.
(6) A member of the commission is not
entitled to compensation nor to reimbursement for travel and other expenses
incurred in the performance of duties as a member of the commission. [2005
c.284 §2; 2007 c.329 §1]
176.264
Law Enforcement Medal of Honor Account. The Law Enforcement Medal of Honor Account is established separate and
distinct from the General Fund. Interest earned by the account shall be
credited to the account. The account consists of moneys deposited in the
account under ORS 176.262. Moneys in the account are continuously appropriated
to the Governor for the purpose of paying costs incurred in purchasing and
awarding the Law Enforcement Medal of Honor under ORS 176.260. [2005 c.284 §3]
176.510 [Formerly 176.030; repealed by 1983 c.82 §4]
176.610 [1969 c.597 §2; repealed by 1971 c.301 §26
and by 1971 c.319 §11 and by 1971 c.401 §120]
176.620 [1969 c.597 §3; repealed by 1971 c.319 §11]
176.630 [1969 c.597 §4; 1971 c.319 §4; renumbered
184.765]
176.650 [1971 c.686 §1; repealed by 1973 c.1 §1]
176.660 [1971 c.686 §10; repealed by 1973 c.1 §1]
176.670 [1971 c.686 §8; repealed by 1973 c.1 §1]
176.680 [1971 c.686 §2; repealed by 1973 c.1 §1]
176.690 [1971 c.686 §3; repealed by 1973 c.1 §1]
176.700 [1971 c.686 §4; repealed by 1973 c.1 §1]
176.710 [1971 c.686 §5; repealed by 1973 c.1 §1]
176.720 [1971 c.686 §6; repealed by 1973 c.1 §1]
176.730 [1971 c.686 §7; repealed by 1973 c.1 §1]
PROCLAMATIONS
(Death of
Unknown Persons)
176.740
Governor’s proclamation; presumption for missing person; death certificate. (1) The Governor may proclaim that a natural
disaster or an act of war, terrorism or sabotage has caused the death of
unknown persons on a specific date at a specific place.
(2) For the purposes of any civil or administrative proceeding, there is a presumption that a missi