US Laws, Codes, Statutes & Cases

Chapter 180 — Attorney General; Department of Justice

 

2007 EDITION

 

ATTORNEY GENERAL; DEPARTMENT OF JUSTICE

 

EXECUTIVE BRANCH; ORGANIZATION

 

ATTORNEY GENERAL

 

(Generally)

 

180.010     Office of Attorney General

 

180.020     Election; term of office

 

180.030     Filing certificate of election or appointment

 

180.040     Governor to fill vacancy by appointment; term of appointee

 

180.050     Location of office

 

(Powers and Duties)

 

180.060     Powers and duties of Attorney General

 

180.070     Power of Attorney General to conduct investigations and prosecutions; duties of district attorneys unaffected

 

180.073     Subpoena authority in criminal investigation

 

180.075     Disclosure of information obtained under subpoena

 

180.080     Attorney General to manage criminal proceedings in court or before grand jury at request of Governor

 

180.090     Investigations and special prosecutions; calling on other departments and officers for assistance; employing special investigators

 

180.095     Consumer Protection and Education Revolving Account

 

180.100     Legislative bills; preparation on request

 

180.110     Keeping copies of opinions and records of cases; biennial report; printing and binding opinions

 

180.120     Defending in criminal proceedings for Oregon State Police or member thereof; conducting prosecutions

 

180.125     Intergovernmental road maintenance agreements

 

(Personnel)

 

180.130     Deputy Attorney General

 

180.140     Other assistants; salaries; representation of indigent clients

 

180.150     Clerks

 

DEPARTMENT OF JUSTICE

 

(Generally)

 

180.160     Charges for services to public agencies; rules

 

180.170     Billing for services to public agencies

 

180.180     Department of Justice Operating Account

 

180.190     Department of Justice Current Expense Account; Department of Justice Portland Legal Office Petty Cash Account

 

180.200     Department of Justice Client Trust Account

 

180.205     Tobacco Enforcement Fund

 

180.210     Department of Justice; Attorney General head and chief law officer

 

180.220     Powers and duties

 

180.225     Attorney General representing public bodies in antitrust proceedings

 

180.230     Compensation not allowed state departments for attorney services

 

180.235     Authority of agency to employ counsel; qualification and salary; status

 

180.240     Attorney General and Department of Justice to have powers and prerogatives of district attorneys

 

180.260     Service of process by department employees

 

180.265     Authority of department to delegate certain duties to employees of Department of Revenue

 

180.267     Authority of Department of Justice to require fingerprints

 

(Division of Child Support)

 

180.320     Cooperation with division in enforcement; confidentiality of information furnished to division

 

180.330     District attorneys not relieved from duties relating to enforcement of support laws

 

180.340     Division of Child Support established; employment of personnel

 

180.345     Child Support Program

 

180.350     Investigators to have authority of peace officers

 

180.360     Division exempt from payment of certain court fees; exemption

 

180.365     Child Support Suspense Fund

 

180.380     Disclosure of information to authorized persons

 

(Tobacco Master Settlement Agreement)

 

180.400     Legislative findings

 

180.405     Definitions for ORS 180.400 to 180.455 and 323.106

 

180.410     Tobacco product manufacturer’s certification

 

180.415     Contents of certification

 

180.420     Document retention period

 

180.425     Attorney General’s directory

 

180.430     Nonparticipating manufacturer’s service agent

 

180.435     Distributor’s obligations; Attorney General’s and Department of Revenue’s sharing of information; nonparticipating manufacturer’s escrow requirements

 

180.440     Prohibited conduct; penalty

 

180.445     Attorney General’s rules for escrow deposits

 

180.450     Judicial review of Attorney General’s actions; Attorney General’s rulemaking authority; state’s civil remedies

 

180.455     Department of Revenue’s remedies

 

(Consumer Protection Services)

 

180.510     Functions of Department of Justice; personnel

 

180.520     Duties of department; agency cooperation; Consumer Advisory Council created; membership; compensation and expenses

 

(Plain Language Review of Consumer Contracts)

 

180.540     Review of consumer contracts for conformity with plain language standards

 

180.545     Plain language standards; approval; fees

 

180.550     Compliance statement

 

180.555     Exemptions; effect of certification; admissibility

 

(Investigation of Organized Crime)

 

180.600     Definitions for ORS 180.600 to 180.630

 

180.610     Investigation of organized criminal activity; powers and duties of department

 

180.620     Investigators to have authority of peace officers

 

180.630     Acceptance of federal grant of funds; expenditure limitations

 

180.640     Criminal Justice Revolving Account

 

(School Safety Hotline)

 

180.650     Establishment; rules; plan

 

180.660     Funding; rules

 

(Batterers’ Intervention Programs)

 

180.700     Advisory committee; rules

 

180.710     Program reviews

 

ATTORNEY GENERAL

 

(Generally)

 

      180.010 Office of Attorney General. There is established the office of Attorney General of the State of Oregon.

 

      180.020 Election; term of office. The Attorney General shall be elected by the electors of this state at the regular general election in the same manner as other state officers are elected. The term of the Attorney General shall commence on the first Monday in January of the year succeeding election. The Attorney General shall hold office for the term of four years, and until a successor is elected and qualified.

 

      180.030 Filing certificate of election or appointment. Before entering upon the duties of office the Attorney General shall qualify by filing with the Secretary of State the certificate of election or of appointment. [Amended by 2005 c.797 §28]

 

      180.040 Governor to fill vacancy by appointment; term of appointee. At any time when a vacancy may by any cause occur in the office of Attorney General, the Governor shall appoint a suitable person to be Attorney General, who shall hold office until the next general election, when a successor shall be elected for a full term and shall qualify as prescribed in ORS 180.030.

 

      180.050 Location of office. The Attorney General shall keep and attend the office of Attorney General at the capital of the state. The state shall provide and furnish the office.

 

(Powers and Duties)

 

      180.060 Powers and duties of Attorney General. (1) The Attorney General shall:

      (a) Appear for the state in the trial of all civil and criminal causes in the Supreme Court or the Court of Appeals in which the state may be directly or indirectly interested.

      (b) Appear for the state, when required by the Governor or the legislature, in any court or tribunal in any cause in which the state is a party or in which the state is directly interested.

      (c) Appear, commence, prosecute or defend for the state all causes or proceedings in the Supreme Court or the Court of Appeals in which the state is a party or interested.

      (d) Appear, commence, prosecute or defend any action, suit, matter, cause or proceeding in any court when requested by any state officer, board or commission when, in the discretion of the Attorney General, the same may be necessary or advisable to protect the interests of the state.

      (2) The Attorney General shall give opinion in writing, when requested, upon any question of law in which the State of Oregon or any public subdivision of the state may have an interest, submitted to the Attorney General by the Governor, any officer, agency, department, board or commission of the state or any member of the legislature.

      (3)(a) Except as provided in paragraph (b) of this subsection and subsection (4) of this section, the Attorney General may not render opinions or give legal advice to persons other than the state officers listed in subsection (2) of this section.

      (b) The Attorney General may, at the request of a state officer listed in subsection (2) of this section, render an opinion to an officer, agency or instrumentality of the federal government if the Attorney General determines that providing the opinion is necessary to meet a condition for assumption by the state of administrative or enforcement responsibilities under federal law.

      (4) The Attorney General may represent the state or any agency or officer of the state who appears as the lead plaintiff or a representative party in a class action involving a claim relating to a security, as defined in ORS 59.015, even if one or more members are persons that the Attorney General may not otherwise represent or advise pursuant to this section.

      (5) The Attorney General shall consult with, advise and direct the district attorneys in all criminal causes and matters relating to state affairs in their respective counties. The Attorney General may require their aid and assistance in all matters pertaining to the duties of the Attorney General in their respective counties and may, in any case brought to the Supreme Court or the Court of Appeals from their respective counties, demand and receive assistance of the district attorney from whose county such case or matter is brought.

      (6) The Attorney General shall, when requested, perform all legal services for the state or any department or officer of the state.

      (7) The Attorney General shall have all the power and authority usually appertaining to such office and shall perform the duties otherwise required of the Attorney General by law.

      (8) The Attorney General shall assign to each agency, department, board or commission an assistant who shall be the counsel responsible for ensuring the performance of the legal services requested by the agency, department, board or commission. The counsel shall be a person trained in the law concerning such agency, department, board or commission and shall be approved by the chief administrator of the agency, department, board or commission. The chief administrator may not unreasonably withhold approval of the assistant. If the chief administrator withdraws approval, the Attorney General shall assign replacement counsel to the agency, department, board or commission.

      (9) The Attorney General may not appear in an action, suit, matter, cause or proceeding in a court or before a regulatory body on behalf of an officer, agency, department, board or commission without the consent of the officer, agency, department, board or commission.

      (10) The responsibility for establishing policies for each agency, department, board or commission shall rest upon the chief administrator of the agency, department, board or commission. [Amended by 1971 c.418 §1; 1999 c.142 §1; 2007 c.153 §1]

 

      180.070 Power of Attorney General to conduct investigations and prosecutions; duties of district attorneys unaffected. (1) The Attorney General may, when directed to do so by the Governor, take full charge of any investigation or prosecution of violation of law in which the circuit court has jurisdiction.

      (2) When acting under this section, the Attorney General shall have all the powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process. The Attorney General may, when the Attorney General considers the public interest requires, with or without the concurrence of the district attorney, direct the county grand jury to convene for the investigation and consideration of such matters of a criminal nature as the Attorney General desires to submit to it. The Attorney General may take full charge of the presentation of such matters to the grand jury, issue subpoenas, prepare indictments, and do all other things incident thereto to the same extent as the district attorney may do.

      (3) All costs, fees and other expense shall be paid by the county in which the investigation takes place, to the same extent as if conducted by the district attorney of that county.

      (4) The power conferred by this section, ORS 180.060, 180.220 or 180.240 does not deprive the district attorneys of any of their authority, or relieve them from any of their duties to prosecute criminal violations of law and advise the officers of the counties composing their districts.

 

      180.073 Subpoena authority in criminal investigation. (1) In any criminal investigation conducted by the Attorney General, the Attorney General may execute in writing and serve a subpoena or subpoena duces tecum upon any person the Attorney General believes to have information or material relevant to the investigation. A subpoena may require that the person appear at a reasonable time and place stated in the subpoena and give oral testimony under oath concerning matters relevant to the investigation. A subpoena duces tecum may require, in addition to or in lieu of giving testimony, that the person produce designated books, papers, documents or tangible items that constitute or contain materials relevant to the investigation for examination, copying or reproduction. A subpoena duces tecum that only requires the production of materials must inform the person subpoenaed if the person must personally appear at the time and place designated in the subpoena.

      (2) A resident of this state may be required by subpoena to personally appear only in the county in which the person resides, is employed or personally transacts business. A person who is not a resident of this state may be required by subpoena to personally appear only:

      (a) In a county of this state in which the person is served with the subpoena; or

      (b) In the state, territory, insular possession subject to the dominion of the United States or foreign country in which the person resides. Any circuit court may issue a letter rogatory for the examination as provided in ORCP 38 B.

      (3) A person subpoenaed under this section may move to quash or modify the subpoena if it is oppressive or unreasonable. The motion must be made before the time specified in the subpoena for appearance or production of materials. The motion may be made in:

      (a) The circuit court for the county in which the person is required to appear or produce materials;

      (b) The circuit court for the county in which the subpoenaed person resides or has a principal office; or

      (c) The circuit court for the county in which materials to be produced under a subpoena duces tecum are located.

      (4) A person who is subpoenaed under this section and who fails to appear or produce materials as required by the subpoena, or who refuses to be sworn or give testimony, may be found to be in contempt of court. Proceedings to hold a person in contempt under this subsection may be brought in any county where the person could be required to personally appear under subsection (2) of this section.

      (5) ORS 136.585 to 136.600 apply to any subpoena issued pursuant to this section. [1993 c.473 §2]

 

      Note: 180.073 and 180.075 were added to and made a part of ORS chapter 180 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      180.075 Disclosure of information obtained under subpoena. Except as provided in this section, the Attorney General may not disclose any testimony or materials obtained under the provisions of ORS 180.073. The Attorney General may disclose testimony or materials only if:

      (1) The disclosure is to a federal, state or local law enforcement agency or prosecutor and the purpose of the disclosure is to facilitate a criminal investigation or prosecution;

      (2) The disclosure is to a state or federal grand jury; or

      (3) A circuit court concludes upon application and affidavit by the Attorney General that there is a particularized need for disclosure of the testimony or materials in a civil, administrative, disciplinary or personnel investigation or proceeding. [1993 c.473 §3]

 

      Note: See note under 180.073.

 

      180.080 Attorney General to manage criminal proceedings in court or before grand jury at request of Governor. When directed by the Governor, the Attorney General shall attend in person, or by one of the assistants of the Attorney General, any term of any court, or appear before the grand jury in any county, for the purpose of managing and conducting in such court, or before such jury, the criminal action or proceeding specified in the requirement. The Attorney General, or the assistant of the Attorney General so attending, shall exercise all the powers and perform all the duties in respect of the action or proceeding which the district attorney would otherwise be authorized to exercise or perform. The district attorney shall only exercise such powers and perform such duties in the action or proceeding as are required of the district attorney by the Attorney General, or the assistant of the Attorney General so attending.

 

      180.090 Investigations and special prosecutions; calling on other departments and officers for assistance; employing special investigators. In making investigations of and conducting special prosecutions for violations or alleged violations of the criminal laws of the state, the Attorney General may call upon the Department of State Police or any other peace officer or department for assistance in making such investigations or, in the discretion of the Attorney General, may employ special investigators for such purpose.

 

      180.095 Consumer Protection and Education Revolving Account. (1) There hereby is appropriated out of the General Fund in the State Treasury $250,000 for the purpose of providing funds to pay for personal services, travel, meals and lodging, and all costs, disbursements and other litigation expenses incurred by the Department of Justice in preparing, commencing and prosecuting actions and suits under the state and federal antitrust laws and under ORS 646.605 to 646.656.

      (2) The money appropriated by subsection (1) of this section shall be transferred to an account in the General Fund in the State Treasury to be known as the Consumer Protection and Education Revolving Account. All moneys in such revolving account are appropriated and constitute a continuous appropriation out of the General Fund for the purposes of this section. The creation of the revolving account shall not require an allotment or allocation of moneys pursuant to ORS 291.234 to 291.260.

      (3) All sums of money received by the Department of Justice under a judgment, settlement, compromise or assurance of voluntary compliance, including damages, attorney fees, costs, disbursements and other recoveries, but excluding civil penalties under ORS 646.642, in actions and suits under the state and federal antitrust laws and ORS 646.605 to 646.656 shall, upon receipt, be deposited with the State Treasurer to the credit of the Consumer Protection and Education Revolving Account. However, if the action or suit was based on an expenditure or loss from a public body or a dedicated fund, the amount of such expenditure or loss, after deduction of attorney fees and expenses awarded to the Department of Justice by the court or agreed to by the parties, if any, shall be credited to the public body or dedicated fund and the remainder thereof credited to the Consumer Protection and Education Revolving Account. [1965 c.194 §2; 1971 c.85 §6; 1975 c.446 §6; 1993 c.518 §1; 1999 c.184 §1]

 

      180.097 [1971 c.85 §§8,9; 1977 c.445 §1; repealed by 1993 c.518 §4]

 

      180.100 Legislative bills; preparation on request. The Attorney General shall, upon request of any member of or of any person elected to either branch of the Legislative Assembly of the State of Oregon, prepare all bills requested by any such member or person within a reasonable length of time prior to the commencement of any session of the legislature, and furnish the bills to such member or person for introduction on or before the first day of the session. The Attorney General shall during the sessions of the legislature prepare bills at the request of any member of the legislature as expeditiously as the number of deputies in the office of the Attorney General will permit.

 

      180.110 Keeping copies of opinions and records of cases; biennial report; printing and binding opinions. The Attorney General shall keep copies of all the opinions of the Attorney General and a record of all cases, in any of the courts and tribunals, prosecuted or defended by the Attorney General or in which the Attorney General appears. The Attorney General shall make a biennial report to the legislature of all the official business transacted by the Attorney General for the biennial period ending December 31 prior to the meeting of the legislature. The Attorney General may have printed and bound all opinions rendered by the Attorney General during the period, for distribution to the various state officers, public libraries and others entitled to receive them. [Amended by 1971 c.418 §2; 2005 c.659 §6]

 

      180.120 Defending in criminal proceedings for Oregon State Police or member thereof; conducting prosecutions. (1) The Attorney General shall:

      (a) Defend all criminal actions and proceedings in which the Department of State Police or any member thereof is concerned as a party, which require the services of an attorney or counsel in order to protect the interests of the state and are necessary for the purposes of the Department of State Police or the members thereof.

      (b) Conduct such prosecutions as shall be directed by the Superintendent of State Police with the approval of the Governor.

      (2) The Attorney General may appoint an attorney for the purpose of such defense or prosecution and certify the expenses thereof to the Department of State Police for payment from the moneys appropriated for the Department of State Police. [Amended by 1971 c.418 §3]

 

      180.125 Intergovernmental road maintenance agreements. If the Attorney General advises the Department of Transportation under ORS 180.060 about a matter related to an intergovernmental road maintenance agreement described in ORS 366.574 or represents the department in an action related to the agreement, the Attorney General shall:

      (1) Recognize that the agreement is a cooperative effort between the department and the counties, entered into for the overall benefit to the public and the mutual benefit of the state and the counties; and

      (2) Prefer and encourage, when possible, mutually agreeable resolution of legal issues through further cooperation or alternative dispute resolution to achieve an overall benefit to the public. [2001 c.565 §2]

 

      Note: 180.125 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Personnel)

 

      180.130 Deputy Attorney General. The Attorney General shall appoint a Deputy Attorney General, who shall qualify as required by law, and who may do and perform, in the absence of the Attorney General, all the acts and duties that may be authorized and required to be performed by the Attorney General. The Attorney General shall be responsible for all the acts of the deputy of the Attorney General.

 

      180.140 Other assistants; salaries; representation of indigent clients. (1) The Attorney General shall appoint the other assistants the Attorney General deems necessary to transact the business of the office, each to serve at the pleasure of the Attorney General and perform such duties as the Attorney General may designate and for whose acts the Attorney General shall be responsible. Each assistant shall have full authority under the direction of the Attorney General to perform any duty required by law to be performed by the Attorney General.

      (2) Each assistant so appointed shall be a person admitted to the practice of law by the Supreme Court of this state and shall qualify by taking the usual oath of office, conditioned upon the faithful performance of duties.

      (3) The Attorney General may appoint temporary assistants for a period not to exceed 15 months. Such temporary assistants shall be legally trained but are not required to be admitted to the practice of law by the Supreme Court of this state.

      (4) Each assistant shall receive the salary fixed by the Attorney General, payable as other state salaries are paid. Each assistant so appointed shall devote the full time of the assistant to the business of the state, unless employment on a part-time basis is otherwise fixed by the Attorney General.

      (5) Special legal assistants or private counsel may be employed by the Attorney General, under the direction and control of the Attorney General, in particular cases or proceedings, whenever the Attorney General deems it appropriate to protect the interests of the state. The cost of such special assistants or counsel shall be charged to the appropriate officer or agency pursuant to ORS 180.160.

      (6) None of the provisions of this chapter prohibit the Attorney General or any of the Attorney General’s full-time deputies or assistants from voluntarily representing, without compensation or expenditure of state resources, indigent clients referred by a nonprofit civil legal aid office or pro bono program. [Amended by 1969 c.543 §2; 1971 c.418 §4; 1991 c.782 §1]

 

      180.150 Clerks. Subject to any applicable provisions of the State Personnel Relations Law, the Attorney General shall employ the necessary clerical aid required for the discharge of the duties imposed upon the Attorney General by law, and fix compensation therefor, to be paid as other salaries are paid.

 

DEPARTMENT OF JUSTICE

 

(Generally)

 

      180.160 Charges for services to public agencies; rules. Subject to rules prescribed by the Attorney General, in rendering assistance to the respective officers, departments, boards and commissions of state government, and other public bodies, the Department of Justice may charge such officers, agencies and public bodies (including, when appropriate, the Department of Justice itself) separately for the cost of such assistance, said cost including, but not limited to salaries of assistants and administrative and clerical salaries, investigative services, and capital outlay; and shall also charge such officers, departments, boards, commissions or public bodies for other costs incurred and disbursements made pursuant to request or authorization in connection with such assistance, and not paid directly out of moneys appropriated or otherwise available for expenditure by such officers, agencies or public bodies. [1969 c.543 §1; 1971 c.85 §4]

 

      180.165 [1975 c.458 §9; repealed by 1989 c.633 §3]

 

      180.170 Billing for services to public agencies. The Department of Justice shall estimate in advance the expenses that it will incur during the biennium under ORS 180.160 and 180.340, and shall render to officers, departments, boards and commissions of state government and other public bodies an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the Legal Division of the Department of Justice within the biennial period. Each officer, department, board or commission or other public body shall pay to the credit of the Department of Justice Operating Account such invoice as an administrative expense from funds or appropriations available to it in the same manner as other claims against the state or public body are paid. If the estimated expenses for any officer, department, board, commission or public body are more or less than actual expenses for the period covered by the invoice, the difference shall be reflected in the next following estimate of expenses. [1971 c.85 §3; 1973 c.775 §5]

 

      180.180 Department of Justice Operating Account. (1) The Department of Justice Operating Account is created. Moneys credited to the account are continuously appropriated for the purpose of paying expenses incurred by the Department of Justice, including those incurred by the Division of Child Support, but not including expenses described in ORS 180.095, that are reimbursable from the Consumer Protection and Education Revolving Account.

      (2) All moneys received by the Department of Justice pursuant to its activities, except those received and creditable to the Consumer Protection and Education Revolving Account, shall be deposited in the State Treasury to the credit of the Department of Justice Operating Account.

      (3) Subaccounts may be used in the Department of Justice Operating Account whenever the Department of Justice determines that operating needs of the department so require.

      (4) In order to facilitate financing the operating expenses of the Department of Justice described in subsection (1) of this section, the Department of Justice may at any time during the biennium transfer to the Department of Justice Operating Account with the approval of the Director of the Oregon Department of Administrative Services such funds as it considers necessary, not to exceed $800,000, from funds duly appropriated to the Department of Justice for a biennial period. Such funds so transferred shall be retransferred from the Department of Justice Operating Account to the appropriation from which the original transfer was made. The retransfers shall be accomplished prior to the last day of each biennial period. [1971 c.85 §2; 1981 c.657 §4]

 

      180.190 Department of Justice Current Expense Account; Department of Justice Portland Legal Office Petty Cash Account. (1) The Oregon Department of Administrative Services is hereby authorized to draw a warrant in the amount of $50,000 payable to the Department of Justice from the Department of Justice Operating Account which shall then be deposited by the Department of Justice in the State Treasury in an account to be known as the Department of Justice Current Expense Account. Disbursements made from this account shall require the approval of the disbursing officer of the Department of Justice who shall be designated by the Attorney General.

      (2) The Oregon Department of Administrative Services is hereby authorized to draw a warrant in the amount of $1,000 payable to the Department of Justice Operating Account which shall then be deposited by the Department of Justice in the State Treasury in an account known as the Department of Justice Portland Legal Office Petty Cash Account. Disbursements from the account shall require the approval of the chief financial officer of the Department of Justice Portland Legal Office who shall be designated by the Attorney General.

      (3) The moneys so deposited in subsections (1) and (2) of this section are continuously appropriated for the purposes of this section and ORS 128.670, 180.170 and 294.695. Disbursements may be made for any lawful purpose within the limits of the funds available and to the extent that immediate cash payments are necessary or beneficial to the operations of the department. The accounts shall be reimbursed at intervals not exceeding 30 days from any legislatively authorized appropriation or expenditure limitation in existence at that time for the department by the drawing of a claim in payment of the expenses advanced from the Department of Justice Current Expense Account and the Department of Justice Portland Legal Office Petty Cash Account. [1973 c.775 §§1,2,3; 1977 c.498 §4; 1985 c.504 §1; 1987 c.229 §6; 1989 c.823 §6]

 

      180.200 Department of Justice Client Trust Account. (1) The Department of Justice Client Trust Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are appropriated continuously and shall be used by the Department of Justice for payments to persons and agencies on whose behalf the department has received moneys.

      (2) The trust account established by this section shall consist of moneys received by the Department of Justice on behalf of persons and agencies and temporarily credited to the account prior to distribution of the moneys in accordance with law.

      (3) Subaccounts may be established within the Department of Justice Client Trust Account when the department determines that subaccounts are necessary or desirable.

      (4) Notwithstanding ORS 293.140, interest earned on moneys deposited in the trust account or in any of its subaccounts shall be credited to the account or subaccount. [1999 c.76 §1; 2003 c.356 §1]

 

      Note: 180.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      180.205 Tobacco Enforcement Fund. (1) The Tobacco Enforcement Fund is established separate and distinct from the General Fund. The Tobacco Enforcement Fund shall consist of:

      (a) Moneys deposited into the fund under ORS 180.450; and

      (b) Moneys transferred to the fund under ORS 293.537.

      (2) Moneys in the Tobacco Enforcement Fund are continuously appropriated to the Department of Justice for the purpose of enforcing the provisions of ORS 180.400 to 180.455, 323.106 and 323.806. Moneys in the fund are not subject to allotment under ORS 291.234 to 291.260. [2003 c.801 §23]

 

      Note: 180.205 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      180.210 Department of Justice; Attorney General head and chief law officer. There hereby is constituted an executive department to be known as the Department of Justice. The Attorney General shall be the head of this department and the chief law officer for the state and all its departments.

 

      180.220 Powers and duties. (1) The Department of Justice shall have:

      (a) General control and supervision of all civil actions and legal proceedings in which the State of Oregon may be a party or may be interested.

      (b) Full charge and control of all the legal business of all departments, commissions and bureaus of the state, or of any office thereof, which requires the services of an attorney or counsel in order to protect the interests of the state.

      (2) No state officer, board, commission, or the head of a department or institution of the state shall employ or be represented by any other counsel or attorney at law.

      (3) This section is subject to ORS 825.508. [Amended by 1967 c.178 §3]

 

      180.225 Attorney General representing public bodies in antitrust proceedings. In any proceeding under the antitrust laws of the United States in which the state or any public body within the state is interested, the Attorney General may, in the discretion of the Attorney General, represent any such public body at its request, charging it for the cost of such representation pursuant to ORS 180.160. [1971 c.418 §9]

 

      180.230 Compensation not allowed state departments for attorney services. No compensation shall be allowed to any person for services as an attorney or counselor to any department of the state government or to the head thereof, or to any board or commission, except in cases specially authorized by law. [Amended by 1971 c.418 §6]

 

      180.235 Authority of agency to employ counsel; qualification and salary; status. (1) Notwithstanding any provision of law to the contrary, whenever the Attorney General concludes that it is inappropriate and contrary to the public interest for the office of the Attorney General to concurrently represent more than one public officer or agency in a particular matter or class of matters in circumstances which would create or tend to create a conflict of interest on the part of the Attorney General, the Attorney General may authorize one or both of such officers or agencies to employ its own general or special counsel in the particular matter or class of matters and in related matters. Such authorization may be terminated by the Attorney General whenever the Attorney General determines that separate representation is no longer appropriate.

      (2) Any counsel so employed shall be a member of the Oregon State Bar and shall be paid a salary or other compensation out of the funds appropriated to such officer or agency.

      (3) In any matter in which the Attorney General has authorized employment of such counsel, any references to representation of such officer or agency by the Attorney General contained in any provision of law shall be deemed to refer to such counsel. [1971 c.418 §8]

 

      180.240 Attorney General and Department of Justice to have powers and prerogatives of district attorneys. The Attorney General and the Department of Justice shall have the same powers and prerogatives in each of the several counties of the state as the district attorneys have in their respective counties.

 

      180.250 [1983 c.481 §2; repealed by 1993 c.188 §15]

 

      180.255 [1983 c.481 §3; repealed by 1993 c.188 §15]

 

      180.260 Service of process by department employees. (1) Notwithstanding ORCP 7 E or any other law, employees and officers of the Department of Justice other than attorneys may serve summons, process and other notice, including notices and findings of financial responsibility under ORS 416.415, in litigation and other proceedings in which the state is interested. No employee or officer shall serve process or other notice in any case or proceeding in which the employee or officer has a personal interest or in which it reasonably may be anticipated that the employee or officer will be a material witness.

      (2) The authority granted by subsection (1) of this section may be exercised only in, and within reasonable proximity of, the regular business offices of the Department of Justice, or in situations in which the immediate service of process is necessary to protect the legal interests of the state. [1989 c.323 §2]

 

      180.265 Authority of department to delegate certain duties to employees of Department of Revenue. The Department of Justice may delegate to officers and employees of the Department of Revenue the authority to undertake and complete certain filings and other tasks relating to tax claims pending before a United States Bankruptcy Court that the Department of Justice has identified as being routine tasks. [1997 c.84 §7]

 

      180.267 Authority of Department of Justice to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Department of Justice may require the fingerprints of a person who:

      (1)(a) Is applying for employment by the department; or

      (b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

      (2) Is, or will be, working or providing services in a position in which the person:

      (a) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

      (b) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; or

      (c) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information. [2005 c.730 §74]

 

      Note: 180.267 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      180.310 [Subsections (1) and (2) enacted as 1957 c.105 §2 and 1957 c.424 §1; 1961 c.629 §1; repealed by 1975 c.458 §18]

 

(Division of Child Support)

 

      180.320 Cooperation with division in enforcement; confidentiality of information furnished to division. (1) All state agencies, district attorneys and all police officers of the state, county or any municipality or court thereof, shall cooperate with the Division of Child Support of the Department of Justice in furnishing and making available information, records and documents necessary to assist in establishing or enforcing support obligations or paternity, in performing the duties set out in ORS 25.080 and in determining the location of any absent parent or child for the purpose of enforcing any state or federal law regarding the unlawful taking or restraint of a child or for the purpose of making or enforcing a child custody determination. Notwithstanding the provisions of ORS 109.225, 416.430, 432.121, 432.230 and 432.430, records pertaining to the paternity of a child shall be made available upon written request of an authorized representative of the Division of Child Support. Any information obtained pursuant to this subsection is confidential, and shall be used only for the purposes set out in this subsection.

      (2) Information furnished to the Division of Child Support by the Department of Revenue and made confidential by ORS 314.835 shall be used by the division and its employees solely for the purpose of enforcing the provisions of ORS 180.320 to 180.365 and shall not be disclosed or made known for any other purpose. Any person who violates the prohibition against disclosure contained in this subsection, upon conviction, is punishable as provided in ORS 314.991 (2). [1957 c.105 §4; 1971 c.779 §4; 1979 c.690 §13; 1983 c.761 §12; 1985 c.565 §19; 1985 c.610 §14; 1999 c.80 §73]