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2005 Oregon Code - Chapter 182 :: Chapter 182 - State Administrative Agencies

Chapter 182 State Administrative Agencies

2005 EDITION

STATE ADMINISTRATIVE AGENCIES

EXECUTIVE BRANCH; ORGANIZATION

STATE ADMINISTRATIVE AGENCIES GENERALLY

182.010 Nonattendance of member of board or commission at meetings as forfeiting office; appointment of successor

182.020 Notice of meetings of boards and commissions; reporting of absences

182.030 Employment of persons advocating violent overthrow of the Government of the United States or Oregon prohibited

182.040 Boards and commissions to pay counties for services; exceptions

182.050 Time and manner of payment to counties

182.060 County clerk to record instruments affecting realty for state boards and commissions

182.080 Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys

182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably

182.100 Affirmative action policy; implementation on appointments

182.105 Information concerning tax benefits of providing child care under employee benefit plan

182.109 Agency actions to carry out state policies for persons with disabilities

182.112 Title to property acquired by state agency in name of state

INFORMATION SYSTEMS SECURITY

182.122 Information systems security in executive department; rules

182.124 Information systems security for Secretary of State, State Treasurer and Attorney General

IMPACT OF STATE AGENCY ACTION ON FAMILIES

182.151 Assessment of impact of state agency action on families

182.152 No right or benefit created

RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES

182.162 Definitions for ORS 182.162 to 182.168

182.164 State agencies to develop and implement policy on relationship with tribes; cooperation with tribes

182.166 Training of state agency managers and employees who communicate with tribes; annual meetings of representatives of agencies and tribes; annual reports by state agencies

182.168 No right of action created by ORS 182.162 to 182.168

EMPLOYEE SUGGESTION PROGRAM

(Generally)

182.310 Definitions for ORS 182.310 to 182.360

182.320 Employee Suggestion Awards Commission; authority; rules

182.330 Commission determination final

182.360 Costs and payment of cash awards and administrative expenses

(Productivity Improvement Programs)

182.365 Legislative findings; definitions for ORS 182.365 to 182.400

182.375 State Productivity Improvement Revolving Fund; creation; sources; uses

182.380 Credit of certain savings to General Fund

182.385 Identification of reduced expenses resulting from improved efficiency

182.390 Plan for increased efficiency

182.395 Ineligibility of new programs for credits

182.400 Report on productivity improvement program

RULES GOVERNING AGENCY-PROVIDED HOUSING

182.415 Definitions for ORS 182.415 to 182.435

182.425 State agency required to collect rental for housing provided to employees; provision of furnishings prohibited; determination of fair rental value

182.435 Schedule of reduction from fair rental value

SEMI-INDEPENDENT STATE AGENCIES

(Listing of Semi-Independent State Agencies)

182.451 State Board of Massage Therapists; Physical Therapist Licensing Board; State Landscape Contractors Board

182.454 Other semi-independent state agencies

(General Provisions Relating to Semi-Independent State Agencies)

182.456 Definitions for ORS 182.456 to 182.472

182.460 Statutory provisions applicable to semi-independent state agencies

182.462 Budgets for semi-independent state agencies; annual financial statements; disposition of civil penalties; rules

182.464 Audit by Secretary of State

182.466 Powers of semi-independent state agencies; fees; rules

182.468 Administrators

182.470 Depository accounts for moneys collected or received by semi-independent state agencies

182.472 Reports

OMBUDSMAN SERVICES

182.500 Mandatory report to Governor by person performing ombudsman services

EVIDENCE-BASED PROGRAMS

182.515 Definitions for ORS 182.515 and 182.525

182.525 Mandatory expenditures for evidence-based programs; biennial report; rules

CROSS-REFERENCES

      Note: Consult the statutory reference after the name of the agency or officer in the following

list to determine the correct statutory designation of the agency or officer.

The following list does not, in certain cases, contain the statutory designations of those state

officers or agencies subordinate to the principal officers or agencies listed.

Access and Habitat Board, 496.228

Accountancy, Oregon Board of, 673.410

Peer Review Oversight Committee, 673.455

Acupuncture Advisory Committee, 677.780

Address Confidentiality Program [Department of Justice], 192.822

Adjutant General, 396.150, Const. Art. X, §3

Adjutants General, Assistant, 396.165

Administrative Hearings, Office of [Employment Department], 183.605

Administrative Hearings Oversight Committee, Office of, 183.690

Administrative Law Judges [Workers' Compensation Board], 656.724

Administrative Services, Oregon Department of, 184.305

Adult Offender Supervision, Interstate Commission for, 144.600 (Article III)

Adult Offender Supervision, Oregon State Council for, 144.600 (Article IV)

Advocacy Commissions Office, Oregon, 185.005

Administrator, 185.010

Affirmative Action, Director of, 243.315

Agricultural Development Division [State Department of Agriculture], 576.009

Agricultural experiment stations, Ch. 567

Agriculture

Director of, 561.010

State Board of, 561.372

State Department of, 561.010

Airports, rural, pilot program [Oregon Department of Aviation], 836.642

Alcohol and Drug Abuse Programs, Governor's Council on, 430.255

Alcohol Education Program [Oregon Liquor Control Commission], 471.541

Alcohol Server Education Advisory Committee, 471.547

All-Terrain Vehicle Account Allocation Committee, 390.565

Anatomy, Demonstrator of [Oregon Health and Science University], 97.170

Anhydrous Ammonia Additive Review Committee, 561.760

Apiary Inspector, Chief, 602.020

Appraiser Certification and Licensure Board, 674.305

Apprenticeship and Training Council, State, 660.110

Architect Examiners, State Board of, 671.120

Archivist, State, 357.815

Armed Forces Court of Appeals for Oregon, 398.420

Chief Judge, 398.420

Arts Commission, Oregon, 359.020

Asian Affairs, Commission on, 185.610

Asset Forfeiture Oversight Advisory Committee, 475A.155

Athletic Trainers, Board of [Oregon Health Licensing Agency], 688.705

Attorney General, 180.010

Audits, Division of [Secretary of State], 297.010

Aviation

Department of, Oregon, 835.100

Director of, 835.106

Board, State, 835.102

Ballast Water Management, Task Force on (sunsets January 8, 2007), 2005 c.62 §1

Bar, Oregon State, 9.010

Board of Governors, 9.025

House of delegates, 9.136

Beef Council, Oregon, 577.210

Beginning teacher and administrator mentorship program [State Board of Education], 329.795

Bicycle lane and path advisory committee [Department of Transportation], 366.112

Bicycle safety program [Department of Transportation], 802.325

Black Affairs, Commission on, 185.420

Blind, Commission for the, 346.120

Blind, Industries for the, 346.190

Blind, Oregon State School for the, 346.010

Boiler Rules, Board of, 480.535

Boxing and Wrestling Commission, Oregon State, 463.113

Brain, Biology and Machine, Center for [University of Oregon], 352.046

Brownfields Cleanup Program, Oregon Coalition [Economic and Community Development

Department], 285A.190

Building Codes Structures Board, 455.132

Business Registration Information Center [Secretary of State], 56.180

Capital Projects Advisory Board, 276.227

Capitol Foundation, Oregon State, 173.500

Career schools, advisory committee on, 345.330

Charitable Checkoff Commission, Oregon, 305.695

Chief state steward, 462.250

Child Abuse Assessment, Advisory Council on, 418.784

Child Abuse Multidisciplinary Intervention Program [Department of Justice], 418.783

Child Care

Commission for, 657A.600

Division [Employment Department], 657A.010

Advisory committee, resource and referral policies and practices, 657A.180

Child fatalities, State Technical Assistance Team for [Department of Human Services], 418.706

Child Support, Division of [Department of Justice], 180.340

Child welfare services advisory committee, 418.005

Children and Families, State Commission on, 417.730

Children's Advocate, Office of, 417.810

Chiropractic Examiners, State Board of, 684.130

Christmas Tree Advisory Committee, State, 571.515

Citizen Involvement Advisory Committee, State [land use], 197.160

Citizens' Utility Board, 774.030

Civil service boards, 242.330

Civil service commissions, 241.065, 242.706

Climate Service, Oregon [Oregon State University], 352.245

Clinical Social Workers, State Board of, 675.510

Coast safety committee, Oregon, 468B.415

Collections Unit [Department of Revenue], 293.250

College Savings Board, Oregon 529, 348.849

Columbia River Gorge Commission, 196.150

Columbia River Governance Commission, 542.550

Columbia River Highway advisory committee, Historic, 366.553

Columbia River Resource Task Force, 171.867

Commercialized Research Fund Advisory Council, Oregon, 284.730

Commodity commissions, agricultural, 576.062

Community Colleges and Workforce Development, Department of, 326.370

Commissioner for Community College Services, 326.375

Title I-B of Workforce Investment Act of 1998, 660.318, 660.339

Community Cultural Participation Grant Program, 359.436

Community Development Incentive Advisory Board, 458.710

Compliance Advisory Panel, Small Business Stationary Source Technical and Environmental Compliance Assistance Program, 468A.330

Conciliation Service, State [Employment Relations Board], 662.415

Connecting Oregon Communities Advisory Board [Economic and Community Development Department], 759.430

Construction Claims, Task Force on (sunsets January 1, 2008), 2005 c.647 §1

Construction Contractors Board, 701.205

Consumer Advisory Council [Department of Justice], 180.520

Consumer and Business Services, Department of, 705.105

Continuing Care Retirement Community Advisory Council, 101.040

Corrections

Department of, 423.020

Deputy director, 423.075

Director, 423.075

Education Advisory Committee, 421.081

Enterprises, Oregon, 421.344

Administrator, 421.344

Facilities Siting Authority, 421.621

Ombudsman, 423.400

Cosmetology, Board of, 690.155

Counselors and Therapists, Oregon Board of Licensed Professional, 675.775

Court Administrator, State, 8.110

Court of Appeals, 2.510

Chief Judge, 2.550

Court Procedures, Council on, 1.730

Legislative advisory committee, 1.760

Crime Prevention Information Center, Oregon Community, 181.755

Advisory committee, 181.765

Coordinator, 181.760

Criminal identification, bureau of [Department of State Police], 181.066

Criminal Justice

Advisory councils, local, 1.851

Commission, Oregon, 137.654

Information Standards Advisory Board, 181.725

Research and Policy Institute [Mark O. Hatfield School of Government], 352.066

Scientific Advisory Committee, Oregon [Criminal Justice Research and Policy Institute], 352.067

Criminal justice system, planning and advisory committee for improving health and well-being of children whose parents are involved in (2005-2007 biennium), 2001 c.635 §16

Crops Advisory Committee, Minor, 634.600

Cultural Development Grant Program, 359.431

Deaf and Hard-of-Hearing Services Program, Oregon [Department of Human Services], 410.740

Deaf, Oregon State School for the, 346.010

Debt Policy Advisory Commission, State, 286.550

Defense Force, Oregon State, Ch. 399

Deferred Compensation Advisory Committee, 243.505

Degree Authorization, Office of [Oregon Student Assistance Commission], 348.599

Dentistry, Oregon Board of, 679.230

Denture Technology, State Board of, 680.556

Detective bureau, state [Department of State Police], 181.070

Developmental Fisheries Board, 506.465

Dietitians, Board of Examiners of Licensed, 691.485

Direct Entry Midwifery, State Board of, 687.470

Disabilities Commission, Oregon, 185.130

Disability Issues Advisory Committee, 430.050

Dispute resolution and mediation services program for public bodies [Mark O. Hatfield School of Government], 36.179

Diversion Program Supervisory Council, 677.615

Domestic and sexual violence services program, advisory council on [Department of Justice], 147.471

Drug Use Review Board, 414.355

Early Childhood System, Oregon, 417.727

Early Success Reading Initiative, 329.834

Eastern Oregon Psychiatric Center, 426.010

Superintendent, 426.020

Eastern Oregon Training Center, 427.010

Superintendent, 427.010

Eastern Oregon University, 352.002

Economic and Community Development Commission, Oregon, 285A.040

Advisory and technical committees, 285A.060

Economic and Community Development Department, 285A.070

Director, 285A.070

Economy, Governor's Council on Oregon's, 284.540

Education

Department of, 326.111

Joint Boards of, 348.890

State Board of, 326.021

Education and Workforce Policy Advisor, 660.312

Education service districts, 334.010

Electric and Magnetic Field Committee, 469.480

Electric Power and Conservation Planning Council, Pacific Northwest, 469.803

Electrical and Elevator Board, 455.138

Electrologists and Permanent Color Technicians and Tattoo Artists, Advisory Council [to the Oregon Health Licensing Agency] for, 690.425

Emergency Board, 291.324

Emergency Fire Cost Committee, 477.440

Administrator, 477.460

Emergency Management, Office of [Department of State Police], 401.260

Director, 401.260

Emergency Medical Service Committee, State, 682.039

Emergency Medical Services and Trauma Systems Program [Department of Human Services], 431.623

Emergency Medical Services for Children Advisory Committee [Department of Human Services], 431.671

Emergency Medical Services for Children Program [Department of Human Services], 431.671

Employee Suggestion Awards Commission, 182.320

Employment

Appeals Board, 657.685

Department, 657.601

Advisory Council, 657.695

Director, 657.608

Relations Board, 240.060

Service, Oregon State, 657.705

Energy Facility Siting Council, 469.450

Advisory groups, 469.480

Energy, State Department of, 469.030

Director, 469.040

Engineering and Land Surveying, State Board of Examiners for, 672.240

Engineering and Technology Industry Council [State Board of Higher Education], 351.663

Entrepreneurial Development Loan Fund Advisory Committee, Oregon, 285B.755

Environmental Health Registration Board, 700.210

Environmental Quality Commission, 468.010

Environmental Quality, Department of, 468.030

Director, 468.040

Remedial Action Advisory Committee, 465.420

Technical advisory committee, 468B.166

Euthanasia Task Force, 686.510

Expanded Options Program, 340.005

Facilities Authority, Oregon, 289.100

Fair Advisory Committee, State, 565.021

Fair Commission, County, 565.410

Fair Dismissal Appeals Board, 342.930

Fair, Oregon State, 565.040

FAIR Plan Association, Oregon, 735.045

Family Health Insurance Assistance Program [Office of Private Health Partnerships], 735.722

Family Services Review Commission, 411.125

Family Support Advisory Council [Department of Human Services], 417.346

Subcommittee, 409.462

Farm products, central filing system for [Secretary of State], 80.106

Fertilizer Research Committee, 633.479

Film and Video Board, 284.315

Film and Video Office, Oregon, 284.305

Fire Marshal, State, 476.020

Fire Service Policy Council, Governor's, 476.680

Fish and Wildlife

Commission, State, 496.090

Director, State, 496.112

State Department of, 496.080

Fish Division, 496.124

Wildlife Division, 496.124

Fish Passage Task Force, 509.590

Fish Screening Task Force [State Department of Fish and Wildlife], 496.085

Fisheries Board, Developmental, 506.465

Fisheries Commission, Pacific Marine, 507.040, 507.050

Fishery Permit Board, Commercial, 508.755

Food Service Advisory Committee, State, 624.045

Forensic laboratories [Department of State Police], 181.080

Forest practice committees [State Board of Forestry], 527.650

Forest Research Laboratory, 526.225

Advisory Committee, 526.225

Forest Resource Trust advisory committee, 526.700

Forest Resources Institute, Oregon, 526.610

Board of directors, 526.610

Forest Trust Land Advisory Committee, 526.156

Forester, State, 526.031

Advisory committee, 477.556

Forestry Department, State, 526.008

Forestry, State Board of, 526.009

Freight Advisory Committee, 366.212

Genetic Privacy and Research, Advisory Committee on, 192.549

Geologist Examiners, State Board of, 672.615

Geologist, State, 516.120

Geology and Mineral Industries, State Department of, 516.020

Governing Board, 516.080

Government Standards and Practices Commission, Oregon, 244.250

Graduate School of Social Work [Portland State University], 352.071

Ground water advisory committee, 536.090

Growth Account Board, Oregon, 348.707

Hanford Cleanup Board, Oregon, 469.571

Health Care Consumer Protection Advisory Committee, 743.827

Health Care Interpreters, Oregon Council on [Department of Human Services], 409.619

Health care professions, practices and procedures, advisory board, 431.190

Health Insurance Reform Advisory Committee, 743.745

Health Licensing Agency, Oregon, 676.605

Director, 676.610

Health Partnerships, Office of Private, 735.701

Health Policy and Research, Office for Oregon [Oregon Department of Administrative Services], 442.011

Health Policy Commission, Oregon, 442.035

Health Professions, Oregon Center for [Oregon Institute of Technology], 352.223

Health Resources Commission, 442.580

Health Services Commission, 414.715

Health Statistics, Center for, 432.010

State Registrar of, 432.030

Healthy Streams Partnership, 541.407

Hearing Aids, Advisory Council on, 694.165

Hearings Division [Workers' Compensation Board], 656.708

Heritage Commission, Oregon, 358.570

Higher Education

Department of, 351.010

State Board of, 351.010

Western Interstate Commission for, 351.780

Higher education community service voucher program [Oregon Student Assistance Commission], 348.427

Hispanic Affairs, Commission on, 185.320

Historic Assessment Review Committee, 358.511

Historic Cemeteries, Oregon Commission on, 97.774

Historic Preservation Officer, State, 358.565

Historic Preservation Revolving Loan Fund Review Committee, 358.666

Historic Preservation, State Advisory Committee on, 358.622

Historical Society, Oregon, 358.018

Home Care Commission, 410.602

Homeland Security Council, Oregon [Office of Emergency Management], 401.881

Hospital, Oregon State, 426.010

Superintendent, 179.331, 426.020

Housing and Community Services Department, 456.555

Director, 456.555

Housing Council, State, 456.567

Housing Innovation, Center for [University of Oregon], 352.048

Human Services, Department of, 409.010

Director, 409.100

Volunteer Program, 409.360

Hunger Relief Task Force, 458.532

Hydroelectric Application Review Team, 543A.035, 543A.075, 543A.300

Ignition interlock program [Department of Transportation], 813.600

Immunization and Vaccination Advisory Committee [State Board of Pharmacy], 689.645

Independent Multidisciplinary Science Team [salmon restoration], 541.409

Indian Services, Commission on, 172.100

Industrial Extension Service [Economic and Community Development Department], 329.930

Industrialized Housing Development Program [University of Oregon], 352.048

Information agency, state [interstate support enforcement], 110.369

Injured workers, ombudsman for [Department of Consumer and Business Services], 656.709

Innovation Council, Oregon, 284.706

Institutional physical access committees, higher education, 352.015

Insurance Guaranty Association, Oregon, 734.550

Interagency Coordinating Council (special education), State, 343.499

Interagency Shared Information System, 657.732

International Trade Commission, 285A.131

Interoperability Executive Council, State [Office of Emergency Management], 401.871

Interoperable Communication Plan, Oregon [Office of Emergency Management], 401.874

Invasive Species Council, 561.687

Investment Council, Oregon, 293.706

JOBS Plus

Advisory Board, 411.886

Implementation Council(s), 411.890

Program, 411.878

Judge Advocate, State, 398.012

Judicial Conference of the State of Oregon, 1.810

Judicial Fitness and Disability, Commission on, 1.410

Justice, Department of, 180.210

Juvenile Compact Administrator, 417.040

Juvenile court cases, disposition, advisory committee, 419C.510

Juvenile Crime Prevention Advisory Committee [State Commission on Children and Families], 417.845

Juvenile Detention Education Program [Department of Education], 326.700

Keep Oregon's Rivers Clean program [State Department of Fish and Wildlife], 496.490

Klamath River Basin Compact Commission, 542.620 (Article IX)

Labor and Industries, Bureau of, 651.020

Commissioner, 651.030

Lakes and Reservoirs, Center for [Portland State University], 352.068

Land Board, State, 273.031

Land Conservation and Development

Commission, 197.030

Department of, 197.075

Director, 197.075, 197.085

Land Information System Advisory Committee, Oregon [Department of Revenue], 306.135

Land Use Board of Appeals, 197.810

Land Use Planning, Oregon Task Force on (sunsets January 2, 2010), 2005 c.703 §1

Lands, Department of State, 273.041

Director, 273.161

Landscape Architect Board, State, 671.459

Landscape Contractors Board, State, 671.630

Law Commission, Oregon, 173.315

Law Enforcement Contacts Policy and Data Review Committee, 2001 c.687 §6

Law Enforcement Medal of Honor, Governor's Commission on the, 176.262

Legislative Administrator, 173.710

Legislative advisory committee [Council on Court Procedures], 1.760

Legislative committees, see "Joint legislative committees" under the cross-references to ORS chapter 171

Legislative Counsel, 173.111

Legislative Fiscal Officer, 173.410

Legislative Revenue Officer, 173.800

Librarian, State, 357.015

Life and Health Insurance Guaranty Association, Oregon, 734.800

Lifespan Respite Care Program, Oregon [Department of Human Services], 409.458

Administrator, 409.462

Liquor Control Commission, Oregon, 471.705

Local citizen review boards [Judicial Department], 419A.096, 419A.098

Local government boundary commission (Lane County), 199.425

Local Health Officials, Conference of, 431.330

Local Officials Advisory Committee, 197.165

Long Term Care Advisory Committee, 441.137

Long Term Care Ombudsman, 441.103

Lottery Commission, Oregon State, 461.100

Assistant Director for Security, 461.190

Lottery Director, State, 461.150

Low income energy assistance programs, advisory committee, 458.515

Management-Labor Advisory Committee, Workers' Compensation, 656.790

Manufactured Dwelling Park Community Relations, Office of, 446.543

Manufactured Structures and Parks Advisory Board, 446.280

Marine Board, State, 830.105

Marine Director, State, 830.135

Maritime Pilots, Oregon Board of [Department of Transportation], 776.105

Mark O. Hatfield School of Government [Portland State University], 352.066

Mass Transportation Financing Authority, Oregon, 391.520

Massage Therapists, State Board of, 687.115

Mechanical Board, 455.140

Medicaid Advisory Committee, 414.211

Medicaid Long Term Care Quality and Reimbursement Advisory Council, 410.550

Medical care, advisory committee on, 656.794

Medical Examiner

Advisory Board, State, 146.015

Deputy State, 146.045, 146.065

State, 146.035

Medical Examiners for the State of Oregon, Board of, 677.235

Medical Insurance Pool Board, Oregon, 735.610

Medical Marijuana, Advisory Committee on [Department of Human Services], 475.303

Medical Professional Liability Insurance, Professional Panel for Analysis of, 2003 c.781 §10

Medical technology assessment program advisory committee [Health Resources Commission], 442.583

Mental Health Advisory Board, 430.050

Mental health compact administrator, 428.320

Military Council, 396.145

Military Department, Oregon, 396.305

Military Emergency Financial Assistance Program, Oregon, 396.362

Military Museum, Oregon, 396.555

Minority, Women and Emerging Small Business

Advocate for [Office of the Governor], 200.025

Office for [Department of Consumer and Business Services], 200.025

Mortuary and Cemetery Board, State, 692.300

Municipal Debt Advisory Commission, Oregon, 287.030

Museum of Anthropology, Oregon State [University of Oregon], 352.045

Natural Heritage Advisory Council, 273.571

Natural Resources Division [Department of Agriculture], 561.400

Natural Resources, Institute for [Oregon State University], 352.239

Natural Resources Policy Administrator, 173.610

Naturopathic Examiners, Board of, 685.160

Naturopathic Physicians Formulary, Council on, 685.145

New Crops Development Board, 561.700

Nursery Research and Regulatory Committee, State, 571.025

Nursing Home Administrators, Board of Examiners of, 678.800

Nursing, Oregon State Board of, 678.140

Nursing Services Program [Oregon Student Assistance Commission], 442.540

Nursing Shortage Coalition Committee, Oregon, 353.606

Occupational and Environmental Toxicology, Center for Research on, 353.460

Occupational Safety and Health Grant program, 654.191

Occupational Therapy Licensing Board, 675.310

Ocean Policy Advisory Council, 196.438

Scientific and technical advisory committee, 196.451

Opportunity Grant Program, Oregon [Oregon Student Assistance Commission], 348.205, 348.260

Optometric Nontopical Formulary, Council on, 683.240

Optometry, Oregon Board of, 683.250

Oregon Health and Science University (public corporation), Ch. 353

Board of Directors, 353.040

Oregon Opportunity program, 353.559

President, 353.060

Task force to review impact of Oregon Opportunity program on Oregon Health and Science University, 353.563

Oregon Institute of Technology, 352.002

Oregon State University, 352.002

Oregon University System, 352.002

Chancellor of, 351.075

Outdoor Youth Program Advisory Board, 418.243

Outfitters and guides, advisory committee, 704.525

Pacific Fisheries Legislative Task Force, 171.865

Pacific Northwest Economic Region delegate council, 285A.243

Pacific Ocean Resources Compact, 196.180

Pain Management Commission [Department of Human Services], 409.500

Parks and Recreation

Commission, State, 390.114

Department, State, 390.111

Advisory committee, county parks and recreation areas, 390.134

Director, State, 390.127

Parole and Post-Prison Supervision, State Board of, 144.005

Parole and Probation Officer Arrest Authority, Task Force on (sunsets January 8, 2007), 2005 c.668 §7

Patient Safety Commission, Oregon, 442.820

Administrator, 442.835

Board of Directors, 442.830

Patient Safety Reporting Program, Oregon, 2003 c.686 §4

Peer Review Oversight Committee [Oregon Board of Accountancy], 673.455

Penitentiary, Oregon State, 421.605

Superintendent, 179.331

Permanent Color Technicians and Tattoo Artists, Advisory Council [to the Oregon Health Licensing Agency] for Electrologists and, 690.425

Personnel Division [Oregon Department of Administrative Services], 240.055

Pesticide Analytical and Response Center, 634.550

Pharmacy Diversion Program Supervisory Council, 689.342

Pharmacy, State Board of, 689.115

Physical Therapist Licensing Board, 688.160

Physician Assistant Committee, 677.540

Physician Credentialing Information, Advisory Committee on, 442.800

Physician Visa Waiver Program [Department of Human Services], 409.745

Plumbing Board, State, 693.115

Poet Laureate, 357.925

Poison Prevention Task Force, 431.890

Police

Department of State, 181.020

Officers, state building, 276.021

Officers, State Capitol, 276.023

Oregon State, 181.020

Superintendent of State, 181.200

Port of Coos Bay, Oregon International, board of commissioners, 777.920

Port of Portland, Ch. 778

Board of commissioners, 778.205

Portland Metropolitan Studies, Institute of [Portland State University], 352.074

Portland State University, 352.002

Ports Division [Economic and Community Development Department], 285A.606

Ports Representation Group, Oregon, 285A.609

Prescription Drug Program, Oregon [Oregon Department of Administrative Services], 414.312

Prevailing wage rate advisory committee, 279C.820

Printer, State, 282.080

Prison Terms and Parole Standards, Advisory Commission on, 144.775

Private Activity Bond Committee, 286.615

Private schools, advisory committee, 345.575

Progress Board, Oregon, 285A.153

Project coordinating committee, 517.965

Property and Fiscal Officer for Oregon, U.S., 396.175

Protected area governing committees, 634.226

Psychiatric Security Review Board, 161.385

Psychologist Examiners, State Board of, 675.100

Public Accounts, Auditor of [Secretary of State], 293.505

Public Commission on the Oregon Legislature (sunsets January 8, 2007), 2005 c.680 §1

Public Defense Services Commission, 151.213

Public Employees' Benefit Board [Oregon Department of Administrative Services], 243.061

Public Employees Retirement Board, 237.952, 238.630

Public Health Advisory Board, Oregon, 431.195

Public Health Officer, 431.045

Public Officials Compensation Commission, 292.907

Public safety coordinating councils, local, 423.560

Public Safety Memorial Fund Board [Board on Public Safety Standards and Training], 243.952

Public Safety Standards and Training

Board on, 181.620

Executive committee, 181.638

Department of, 181.630

Director, 181.635

Public Utility Commission of Oregon, 756.014

Quality Education Commission, 327.500

Racing Commission, Oregon, 462.210

Radiation Advisory Committee, 453.645

Radiation Control Agency, State, 453.635

Radioactive Waste Management, Northwest Interstate Compact on Low-Level, 469.930

Radiologic Technology, Board of, 688.545

Real Estate Agency, 696.375

Real Estate Board [Real Estate Agency], 696.405

Real Estate Commissioner, 696.375

Recreation Trails Advisory Council, Oregon, 390.977

Refugee Child Welfare Advisory Committee, 418.941

Release assistance officer [pretrial release], 135.235

Remedial Action Advisory Committee, 465.420

Renewable Energy Center, Oregon [Oregon Institute of Technology], 352.221

Reopened Claims Program, 656.625

Research Policy Recommendations, Council for, 351.880

Reserve Fund, Task Force on a (sunsets January 2, 2008), 2005 c.838 §1

Residential Structures Board, 455.135

Respiratory Therapist Licensing Board, 688.820

Responsible vendor program [Oregon Liquor Control Commission], 471.344

Restoration and Enhancement Board [State Department of Fish and Wildlife], 496.286

Revenue, Department of, 305.025

Director of, 305.035

Road User Fee Task Force (sunsets January 2, 2010), 2001 c.862 §2

Rural Health

Coordinating Council, 442.490

Office of, 442.475

Services Program [Oregon Student Assistance Commission], 442.555

Safe Employment Education and Training Advisory Committee, 654.189

Safety committee for Oregon coast, 468B.415

Salmon and Trout Enhancement Program Advisory Committee [State Fish and Wildlife Commission], 496.460

School Safety, Center for [Department of Higher Education], 339.331

Sea Grant College [Oregon State University], 352.230

Search and Rescue Coordinator, 401.550

Secretary of State, Ch. 177, Const. Art. VI, §1

Assistant, 177.040

Seismic Safety Policy Advisory Commission, 401.337

Senior Prescription Drug Assistance Program [Department of Human Services], 414.342

Senior Services, Governor's Commission on, 410.320

Short Term Fund Board, Oregon, 294.885

Shorthand Reporters Advisory Committee, Certified, 8.455

Sister state committees, 285A.143

Small business, ombudsman for [Department of Consumer and Business Services], 656.709

Small Scale Local Energy Project Advisory Committee, 470.070

Smoke management advisory committee [State Forester], 477.556

Soil and Water Conservation Commission, 561.395

South Slough Estuarine Sanctuary Management Commission, 273.554

Southern Oregon University, 352.002

Special Education

State Advisory Council for, 343.287

State Interagency Coordinating Council, 343.499

Speech-Language Pathology and Audiology, State Board of Examiners for, 681.400

Spinal Cord Injury Research Board, 431.290

Spread the Word Program [Department of Education], 337.288

Stakeholders Advisory Committee [Oregon Department of Administrative Services], 291.038

Stand establishment program, 526.705

State Accident Insurance Fund Corporation, 656.752

Manager, 656.754

State Governments, Council of, 190.470

State lands advisory committee [Oregon Department of Administrative Services], 270.120

Student Assistance Commission, Oregon, 348.510

Supplemental Income Program, Oregon [Department of Human Services], 411.706

Supreme Court, Const. Art. VII (A), §1

Chief Justice, 2.045

Surveying, State Board of Examiners for Engineering and Land, 672.240

Tattoo Artists, Advisory Council [to the Oregon Health Licensing Agency] for Electrologists and Permanent Color Technicians and, 690.425

Tax Court, Oregon, 305.405

Judge, 305.452

Tax Practitioners, State Board of, 673.725

Tax supervising and conservation commissions, 294.610

Teacher Corps program, Oregon [Oregon Student Assistance Commission], 329.757

Teacher Standards and Practices Commission, 342.350

Telecommunications

Coordinating Council, Oregon (sunsets January 2, 2010), 2001 c.699 §1

Devices Access Program Advisory Committee (sunsets January 1, 2010), 1987 c.290 §12

Law Revision, Task Force on (sunsets January 8, 2007), 2005 c.742 §1

Tourism Commission, Oregon, 285A.261

Training Center Review Board, State, 427.205

Transportation Commission, Oregon, 184.612

Transportation, Department of, 184.615

Director, 184.620

Transportation Safety Committee, 802.300

Travel Information Council, 377.835

Treasurer, State, Ch. 178, Const. Art. VI, §1

Chief Deputy, 178.060

Tri-County Building Industry Service Center, 455.044

Troops to Teachers program, Oregon [Oregon Student Assistance Commission], 348.283

Trustees of State Library, 357.010

Trust for Cultural Development Board, 359.410

21st Century Schools Advisory Committee, Oregon, 329.700

21st Century Schools Councils, 329.704

21st Century Schools Program, Ch. 329

Uniform State Laws, Commission on, 172.010

University of Oregon, 352.002

University of Oregon School of Law, 352.043

Utility Notification Center, Oregon (independent not-for-profit public corporation), 757.547

Utility pole and pole attachment safety and efficiency, task force on [Public Utility Commission], 1999 c.832 §9

Vehicle dealer regulation advisory committee [Department of Transportation], 802.370

Venture grant program [Department of Higher Education], 351.692

Veterans' Affairs

Advisory Committee on, 406.210

Department of, 406.005

Director of, 406.020

Veterans' Emergency Financial Assistance Program, Oregon, 408.500

Veterinarian, State, 596.210

Veterinary Medical Examining Board, Oregon State, 686.210

Violations Bureau [courts], 153.800

Virtual School District, Oregon [Department of Education], 329.840

Vocational rehabilitation services, state advisory committee on [Director of Human Services], 344.735

Volunteers Commission for Voluntary Action and Service, Oregon, 458.555

Volunteers in Service to Oregon (VISTO), 348.410

Wage and Hour Commission, 653.505

Water Resources

Commission, 536.022

Department, 536.039

Director, 536.032

Watershed Enhancement Board, Oregon, 541.360

Weed Board, State, 561.650

Well Constructors Continuing Education Committee (sunsets January 2, 2008), 2001 c.496 §2

Western Oregon University, 352.002

Western States Legislative Forestry Task Force, 171.860

Wheat Commission, Oregon, 578.030

Willamette River Cleanup Authority, 468.533

Wine Board, Oregon, 576.753

Winter Recreation Advisory Committee, 802.350

Women, Commission for, 185.520

Workers' Compensation Board, 656.712

Workforce Investment Board, State, 660.321

Workforce 2005 Task Force [Department of Education] (sunsets January 2, 2008), 2005 c.589 §1

Youth Authority, Oregon, 420A.010

Director, 420A.015

Youth Conservation Corps, Oregon [Department of Community Colleges and Workforce Development], 418.653

Advisory committee, 418.653

Youth Corrections Education Program [Department of Education], 326.700

Youth Suicide Prevention Coordinator [Department of Human Services], 418.704

STATE ADMINISTRATIVE AGENCIES GENERALLY

      182.010 Nonattendance of member of board or commission at meetings as forfeiting office; appointment of successor. Any member of a state board or commission appointed by the Governor who fails to attend two consecutive meetings of the board or commission, whether regular, adjourned or special, shall forfeit office unless the member is prevented from attending by the serious illness of a member or the family of the member or for any other cause that in the judgment of the Governor constitutes a valid reason for failing to attend. The Governor shall immediately appoint a successor.

      182.020 Notice of meetings of boards and commissions; reporting of absences. The secretary or clerk of every state board and commission shall:

      (1) Give the members of the board or commission at least 10 days' notice, in writing, of the date and place of each regular, adjourned or special meeting.

      (2) Report to the Governor the names of all members who fail to attend any meeting of the board or commission.

      182.030 Employment of persons advocating violent overthrow of the Government of the United States or Oregon prohibited. (1) No state department, board or commission shall knowingly employ any person who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the Government of the United States or of the State of Oregon.

      (2) Any person employed by any state department, board or commission shall immediately be discharged from employment when it becomes known to the appointing employer that such person has, during the period of employment, committed any offense set forth in subsection (1) of this section.

      (3) Any person denied employment or discharged pursuant to this section shall have a right of appeal in accordance with the provisions of the State Personnel Relations Law.

      182.040 Boards and commissions to pay counties for services; exceptions. (1) All state boards and commissions that are supported by fees, fines, licenses or taxes or other forms of income not derived from a direct tax on tangible property shall pay the various counties of the State of Oregon the same fees required of others for services rendered.

      (2) ORS 182.040 to 182.060 do not apply to:

      (a) Except for those fees required in ORS 205.320, services rendered for the Bureau of Labor and Industries on wage claims assigned to it for collection.

      (b) Any of the provisions or requirements of ORS 21.310, 52.410 to 52.440, 156.160, 205.360 and 205.370. [Amended by 1965 c.619 §35; 1967 c.398 §8; 1973 c.381 §7; 1981 s.s. c.3 §97; 1985 c.496 §25; 1999 c.803 §3]

      182.050 Time and manner of payment to counties. No state board or commission affected by the provisions of ORS 182.040 and 182.060 shall be required at the time of ordering the performance of any services for which a fee or charge may be collected by the county to pay the collectible fee or charge in advance or at the time the services are rendered. The county clerk or other officer performing the service, upon request made by the board or commission, shall charge to the board or commission the amount of the fee or charge, and thereafter on the first days of January, April, July and October of each calendar year supply to the board or commission an itemized statement of all services performed upon order of the board or commission for the three months preceding, together with the legal charge collectible therefor. The board or commission, upon receipt of the statement, promptly shall pay the amount due the county.

      182.060 County clerk to record instruments affecting realty for state boards and commissions. When requested by a state board or commission, the county clerk shall record in the office of the clerk any instrument affecting real property and shall return to the board or commission a receipt for the instrument showing the legal charge for the recording of the instrument. [Amended by 1999 c.654 §12]

      182.065 [1977 c.739 §1; 1979 c.593 §5; renumbered 183.025]

      182.070 [1953 c.527 §2; 1961 c.167 §21; 1979 c.215 §1; repealed by 1995 c.69 §12]

      182.080 Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys. (1) The repeal of a statute or the deletion by amendment of a part thereof that granted or conferred power to any state officer, board, commission, corporation, institution, department, agency or other state organization to collect, receive and expend moneys for or on behalf of the state or for any purpose authorized by law does not affect or impair any act done, or right accruing, accrued or acquired, or liability, or obligation to pay the state a license or other fee, or payment exacted or required by law to be made or authorized by the repealed or amended statute and the rules, regulations and orders, if any, promulgated thereunder and in effect at the time of the repeal or amendment, unless otherwise specifically provided by law. In the event of such repeal or amendment of a statute, the Secretary of State may determine, collect and disburse any moneys due the state, or payable by or through the state, representing such license or other fee, or payment exacted or required by law in accordance with the provisions of such repealed or amended statute and such rules, regulations and orders promulgated thereunder, and as otherwise provided by law, in order to secure the full force, effect and operation of such statute up to the time of its repeal or amendment, but not thereafter.

      (2) Upon repeal or amendment of a statute as described in subsection (1) of this section, so much as may be necessary, and no more, of the balance in the General Fund appropriated for the use, operation and function of the state officer, board, commission, corporation, institution, department, agency or other state organization is transferred to the Secretary of State for the payment of all expenses incurred by the Secretary of State in winding up and concluding administration of the repealed or amended statute, as authorized in subsection (1) of this section. If the balance of the unexpended appropriation is insufficient to cover the costs and expenses of the Secretary of State in administering and concluding the operation of the repealed or amended statute, the secretary may request transfer or appropriation of any funds, accounts and receipts belonging to the state in the custody or control of such state officer, board, commission, corporation, institution, department, agency or other state organization, to cover in full the costs of winding up and concluding the administration of the statute. [1955 c.73 §1; 2005 c.755 §3]

      182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably. (1) In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002, and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law.

      (2) Amounts allowed under this section for reasonable attorney fees and expenses shall be paid from funds available to the state agency. The court may withhold all or part of the attorney fees from any award to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist which make the award of all or a portion of the attorney fees unjust.

      (3) As used in this section, "civil judicial proceeding" means any proceeding, other than a criminal proceeding as defined in ORS 131.005 (7), conducted before a court of this state. [1981 c.871 §2; 1983 c.763 §61]



      182.100 Affirmative action policy; implementation on appointments. (1) It is declared to be the policy of Oregon that this state shall be a leader in affirmative action. All appointive authorities for state boards, commissions and advisory bodies shall implement this policy of affirmative action in their appointments, subject to the legal requirements for each appointment.

      (2) The Director of Affirmative Action shall assist all persons who have appointing authority at the state level for boards, commissions or advisory bodies in carrying out the state policy stated in subsection (1) of this section and ORS 236.115.

      (3) As used in this section, "affirmative action" means a method of eliminating the effects of past and present discrimination, intended or unintended, on the basis of race, religion, national origin, age, sex, marital status or physical or mental disabilities, that are evident or indicated by analysis of present appointment patterns, practices and policies. [1981 c.255 §1; 1989 c.224 §10; 1997 c.539 §2]



      182.105 Information concerning tax benefits of providing child care under employee benefit plan. Any state agency may provide information to employers concerning the tax benefits of providing child care, as defined in ORS 657A.250, under an employee benefit plan. [1985 c.753 §5; 1995 c.278 §28]

      182.109 Agency actions to carry out state policies for persons with disabilities. In carrying out the policies stated in ORS 410.710, state agencies shall:

      (1) Review their rules and policies and may revise them as necessary to reflect a positive approach to persons with disabilities.

      (2) Encourage and promote education of state employees, state officials and the public in general about the worth and capacity of persons with disabilities.

      (3) In all state correspondence and publications, avoid the use of stereotypes and negative labels such as "victim," "afflicted," "crippled" and "handicapped" except as such terms as required by statute or federal law and regulation.

      (4) Use the preferred and more positive term "person with disabilities" instead of "disabled person," "handicapped" or other negative words except as such terms as required by statute or federal law and regulation.

      (5) In implementing subsections (1) to (4) of this section, develop and seek input regarding terminology and portrayal of persons with disabilities from persons who have disabilities and their advocates.

      (6) Foster corrective measures and avoid stereotypes and negative labeling in texts used by schools, newspapers, magazines, radio and television by encouraging review and analysis of these media by publishers, company owners or appropriate agencies.

      (7) Use the term "person with disabilities" to the extent consistent with state and federal law in rules adopted on or after January 1, 2006. [1989 c.224 §2; 2005 c.411 §2]

      182.110 [1959 c.501 §1; repealed by 1959 c.501 §10]



      182.112 Title to property acquired by state agency in name of state. A state agency, as defined in ORS 279A.250, authorized by law to acquire real or personal property or any interest therein shall take title to the property or the interest therein in the name of the State of Oregon. [2003 c.794 §192]

      Note: 182.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.115 [1973 c.457 §1; 1975 c.731 §1; 1977 c.42 §1; 1983 c.150 §2; 1987 c.879 §5; renumbered 171.852 in 1987]



      182.120 [1959 c.501 §2; repealed by 1959 c.501 §10]



      182.121 [1975 c.731 §2; renumbered 171.855 in 1987]

INFORMATION SYSTEMS SECURITY

      182.122 Information systems security in executive department; rules. (1) As used in this section:

      (a) "Executive department" has the meaning given that term in ORS 174.112.

      (b) "Information systems" means computers, hardware, software, storage media, networks, operational procedures and processes used in the collection, processing, storage, sharing or distribution of information within, or with any access beyond ordinary public access to, the state's shared computing and network infrastructure.

      (2) The Oregon Department of Administrative Services has responsibility for and authority over information systems security in the executive department, including taking all measures reasonably necessary to protect the availability, integrity or confidentiality of information systems or the information stored in information systems. The Oregon Department of Administrative Services shall, after consultation and collaborative development with agencies, establish a state information systems security plan and associated standards, policies and procedures.

      (3) The Oregon Department of Administrative Services, in its sole discretion, shall:

      (a) Review and verify the security of information systems operated by or on behalf of agencies;

      (b) Monitor state network traffic to identify and react to security threats; and

      (c) Conduct vulnerability assessments of agency information systems for the purpose of evaluating and responding to the susceptibility of information systems to attack, disruption or any other event that threatens the availability, integrity or confidentiality of information systems or the information stored in information systems.

      (4) The Oregon Department of Administrative Services shall contract with qualified, independent consultants for the purpose of conducting vulnerability assessments under subsection (3) of this section.

      (5) In collaboration with agencies, the Oregon Department of Administrative Services shall develop and implement policies for responding to events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems, whether those systems are within, interoperable with or outside the state's shared computing and network infrastructure. In the policies, the department shall prescribe actions reasonably necessary to:

      (a) Promptly assemble and deploy in a coordinated manner the expertise, tools and methodologies required to prevent or mitigate the damage caused or threatened by an event;

      (b) Promptly alert other persons of the event and of the actions reasonably necessary to prevent or mitigate the damage caused or threatened by the event;

      (c) Implement forensic techniques and controls developed under subsection (6) of this section;

      (d) Evaluate the event for the purpose of possible improvements to the security of information systems; and

      (e) Communicate and share information with agencies, using preexisting incident response capabilities.

      (6) After consultation and collaborative development with agencies, the Oregon Department of Administrative Services shall implement forensic techniques and controls for the security of information systems, whether those systems are within, interoperable with or outside the state's shared computing and network infrastructure. The techniques and controls must include the use of specialized expertise, tools and methodologies, to investigate events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems. The department shall consult with the Oregon State Police, the Office of Emergency Management, the Governor and others as necessary in developing forensic techniques and controls under this section.

      (7) The Oregon Department of Administrative Services shall ensure that reasonably appropriate remedial actions are undertaken when the department finds that such actions are reasonably necessary by reason of vulnerability assessments of information systems under subsection (3) of this section, evaluation of events under subsection (5) of this section and other evaluations and audits.

      (8)(a) Agencies are responsible for the security of computers, hardware, software, storage media, networks, operational procedures and processes used in the collection, processing, storage, sharing or distribution of information outside the state's shared computing and network infrastructure following information security standards, policies and procedures established by the Oregon Department of Administrative Services and developed collaboratively with agencies. Agencies may establish plans, standards and measures that are more stringent than the standards established by the department to address specific agency needs if those plans, standards and measures do not contradict or contravene the state information systems security plan. Independent agency security plans shall be developed within the framework of the state information systems security plan.

      (b) An agency shall report the results of any vulnerability assessment, evaluation or audit conducted by the agency to the department for the purposes of consolidating statewide security reporting and, when appropriate, to prompt a state incident response.

      (9) This section does not apply to:

      (a) Research and student computer systems used by or in conjunction with the State Board of Higher Education or any state institution of higher education within the Oregon University System; and

      (b)(A) Gaming systems and networks operated by the Oregon State Lottery or its contractors; or

      (B) The results of Oregon State Lottery reviews, evaluations and vulnerability assessments of computer systems outside the state's shared computing and network infrastructure.

      (10) The Oregon Department of Administrative Services shall adopt rules to carry out its responsibilities under this section. [2005 c.739 §1]

      Note: 182.122 and 182.124 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.124 Information systems security for Secretary of State, State Treasurer and Attorney General. (1) Notwithstanding ORS 182.122, the Secretary of State, the State Treasurer and the Attorney General have sole discretion and authority over information systems security in their respective agencies, including taking all measures reasonably necessary to protect the availability, integrity or confidentiality of information systems or the information stored in information systems.

      (2) The Secretary of State, the State Treasurer and the Attorney General shall each establish an information systems security plan and associated standards, policies and procedures in collaboration with the Oregon Department of Administrative Services as provided in ORS 182.122.

      (3) The plan established under subsection (2) of this section, at a minimum, must:

      (a) Be compatible with the state information systems security plan and associated standards, policies and procedures established by the department under ORS 182.122 (2);

      (b) Assign responsibility for:

      (A) Reviewing, monitoring and verifying the security of the agency's information systems; and

      (B) Conducting vulnerability assessments of information systems for the purpose of evaluating and responding to the susceptibility of information systems to attack, disruption or any other event that threatens the availability, integrity or confidentiality of information systems or the information stored in information systems;

      (c) Contain policies for responding to events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems, whether those systems are within, interoperable with or outside the state's shared computing and network infrastructure;

      (d) Prescribe actions reasonably necessary to:

      (A) Promptly assemble and deploy in a coordinated manner the expertise, tools and methodologies required to prevent or mitigate the damage caused or threatened by an event;

      (B) Promptly alert other persons of the event and of the actions reasonably necessary to prevent or mitigate the damage caused or threatened by the event;

      (C) Implement forensic techniques and controls developed under paragraph (e) of this subsection;

      (D) Evaluate the event for the purpose of possible improvements to the security of information systems; and

      (E) Communicate and share information with agencies, using preexisting incident response capabilities; and

      (e) Describe and implement forensic techniques and controls for the security of information systems, whether those systems are within, interoperable with or outside the state's shared computing and network infrastructure, including the use of specialized expertise, tools and methodologies, to investigate events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems.

      (4) The Secretary of State, the State Treasurer and the Attorney General shall participate in the planning process conducted by the department under ORS 182.122 (2).

      (5) If a joint information systems security plan and associated operational standards and policies cannot be agreed upon by the Oregon Department of Administrative Services and a statewide elected official named in subsection (1) of this section, the department may take steps reasonably necessary to condition, limit or preclude electronic traffic or other vulnerabilities between information systems for which the official has authority under subsection (1) of this section and the information systems for which the department has authority under ORS 182.122 (2). [2005 c.739 §2]

      Note: See note under 182.122.

      Note: Section 3, chapter 739, Oregon Laws 2005, provides:

      Sec. 3. The Secretary of State, the State Treasurer and the Attorney General shall establish the initial plans required by section 2 (2) of this 2005 Act [182.124 (2)] no later than January 1, 2007. [2005 c.739 §3]

      182.125 [1973 c.457 §4; repealed by 1975 c.731 §3]



      182.130 [1959 c.501 §3; repealed by 1959 c.501 §10]



      182.135 [1973 c.457 §3; repealed by 1975 c.731 §3]



      182.140 [1959 c.501 §4; repealed by 1959 c.501 §10]



      182.145 [1973 c.457 §5; repealed by 1975 c.731 §3]



      182.150 [1959 c.501 §5; repealed by 1959 c.501 §10]

IMPACT OF STATE AGENCY ACTION ON FAMILIES

      182.151 Assessment of impact of state agency action on families. In formulating and implementing policies and rules that may have significant impact on family formation, maintenance and general well-being, all state agencies in Oregon shall, to the extent permitted by law, assess such measures in light of the following considerations:

      (1) If the action by the government strengthens or erodes the stability of the family and, particularly, the marital commitment;

      (2) If the action strengthens or erodes the authority and rights of the parents in the education, nurture and supervision of their children;

      (3) If the action helps the family perform its functions, or if the action substitutes governmental activity for the function;

      (4) If the action by the government increases or decreases family earnings and if the proposed benefits of the action justify the impact on the family budget;

      (5) If the activity can be carried out by a lower level of government or by the family itself;

      (6) The message, intended or otherwise, the program sends to the public concerning the status of the family; and

      (7) The message the action sends to young people concerning the relationship between their behavior, their personal responsibility and the norms of our society. [1999 c.523 §1]

      Note: 182.151 and 182.152 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.152 No right or benefit created. ORS 182.151 is intended to improve the internal management of state agencies in Oregon and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the State of Oregon, its agencies, its officers or any person. [1999 c.523 §2]

      Note: See note under 182.151.

      182.160 [1959 c.501 §6; repealed by 1959 c.501 §10]

RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES

      182.162 Definitions for ORS 182.162 to 182.168. As used in ORS 182.162 to 182.168:

      (1) "State agency" has the meaning given that term in ORS 358.635.

      (2) "Tribe" means a federally recognized Indian tribe in Oregon. [2001 c.177 §1]

      Note: 182.162 to 182.168 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.164 State agencies to develop and implement policy on relationship with tribes; cooperation with tribes. (1) A state agency shall develop and implement a policy that:

      (a) Identifies individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

      (b) Establishes a process to identify the programs of the state agency that affect tribes.

      (c) Promotes communication between the state agency and tribes.

      (d) Promotes positive government-to-government relations between the state and tribes.

      (e) Establishes a method for notifying employees of the state agency of the provisions of ORS 182.162 to 182.168 and the policy the state agency adopts under this section.

      (2) In the process of identifying and developing the programs of the state agency that affect tribes, a state agency shall include representatives designated by the tribes.

      (3) A state agency shall make a reasonable effort to cooperate with tribes in the development and implementation of programs of the state agency that affect tribes, including the use of agreements authorized by ORS 190.110. [2001 c.177 §2]

      Note: See note under 182.162.

      182.166 Training of state agency managers and employees who communicate with tribes; annual meetings of representatives of agencies and tribes; annual reports by state agencies. (1) At least once a year, the Oregon Department of Administrative Services, in consultation with the Commission on Indian Services, shall provide training to state agency managers and employees who have regular communication with tribes on the legal status of tribes, the legal rights of members of tribes and issues of concern to tribes.

      (2) Once a year, the Governor shall convene a meeting at which representatives of state agencies and tribes may work together to achieve mutual goals.

      (3) No later than December 15 of every year, a state agency shall submit a report to the Governor and to the Commission on Indian Services on the activities of the state agency under ORS 182.162 to 182.168. The report shall include:

      (a) The policy the state agency adopted under ORS 182.164.

      (b) The names of the individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

      (c) The process the state agency established to identify the programs of the state agency that affect tribes.

      (d) The efforts of the state agency to promote communication between the state agency and tribes and government-to-government relations between the state and tribes.

      (e) A description of the training required by subsection (1) of this section.

      (f) The method the state agency established for notifying employees of the state agency of the provisions of ORS 182.162 to 182.168 and the policy the state agency adopts under ORS 182.164. [2001 c.177 §3]

      Note: See note under 182.162.

      182.168 No right of action created by ORS 182.162 to 182.168. Nothing in ORS 182.162 to 182.168 creates a right of action against a state agency or a right of review of an action of a state agency. [2001 c.177 §4]

      Note: See note under 182.162.

      182.170 [1959 c.501 §7; repealed by 1959 c.501 §10]



      182.180 [1959 c.501 §8; repealed by 1959 c.501 §10]



      182.190 [1959 c.501 §9; repealed by 1959 c.501 §10]



      182.200 [1959 c.501 §10; repealed by 1959 c.501 §10]

EMPLOYEE SUGGESTION PROGRAM

(Generally)

      182.310 Definitions for ORS 182.310 to 182.360. As used in ORS 182.310 to 182.360:

      (1) "Commission" means the Employee Suggestion Awards Commission.

      (2) "Employee suggestion program" means the program developed by the commission under ORS 182.320 (3).

      (3) "Secretary" means the secretary of the employee suggestion program. [1959 c.616 §1; 1989 c.815 §2; 1993 c.724 §25]

      182.320 Employee Suggestion Awards Commission; authority; rules. (1) There is established the Employee Suggestion Awards Commission consisting of seven members appointed by the Governor. At least two members shall be public employees, as defined by ORS 243.650. The term of office is three years, beginning July 1. Members may be reappointed. Members serve at the pleasure of the Governor.

      (2) The members of the commission shall elect annually one member as chairperson. The Director of the Oregon Department of Administrative Services shall appoint a state officer or employee to serve as secretary of the employee suggestion program. The commission members shall serve without compensation.

      (3) The commission shall formulate, establish and maintain an employee suggestion program to encourage and reward meritorious suggestions by state employees that will promote effectiveness, efficiency and economy in the performance of any function of state government.

      (4) The secretary, with the approval of the commission, shall adopt rules necessary or appropriate for the proper administration of ORS 182.310 to 182.360. [1957 c.616 §2; 1965 c.9 §1; 1989 c.815 §3; 1993 c.724 §26; 1995 c.286 §17; 2001 c.30 §1]

      182.330 Commission determination final. The Employee Suggestion Awards Commission shall make the final determination as to whether an employee suggestion award will be made. Subject to the rules adopted pursuant to ORS 182.320, the commission shall determine the nature and extent of the award. [1957 c.616 §3; 1993 c.724 §27]



      182.340 [1957 c.616 §5; repealed by 1965 c.9 §2]



      182.350 [1957 c.616 §4; 1961 c.197 §3; repealed by 1967 c.73 §5]

      182.360 Costs and payment of cash awards and administrative expenses. (1) The costs arising out of the employee suggestion awards under ORS 182.310 to 182.360 shall be paid in the following manner:

      (a) For awards to employees not eligible for cash awards, the cost shall be added to and collected with the expenses and costs of operating the Personnel Division of the Oregon Department of Administrative Services collected under ORS 240.165.

      (b) For any cash award for a suggestion having multiagency effect, as determined by the Employee Suggestion Awards Commission, and for which the commission cannot identify the cost savings realized or to be realized by the agencies as a result of implementation of the suggestion, the cost shall be added to and collected with the expenses and costs of operating the Personnel Division collected under ORS 240.165.

      (c) If the commission is able to identify the agency or agencies that have realized or will realize cash savings as a result of implementation of a suggestion, the cost of any cash award shall be paid by the affected agency or agencies from savings realized or to be realized by implementation of the suggestion. For suggestions with multiagency effect, the commission shall determine the portion of the award total to be contributed by each agency.

      (d) For administrative expenses of the Personnel Division incurred in administering ORS 182.310 to 182.400, the expenses shall be added to and collected with the expenses and costs of operating the Personnel Division collected under ORS 240.165.

      (2) Vouchers for awards described in subsection (1)(a) and (b) of this section and administrative expenses described in subsection (1)(d) of this section shall be prepared by the Administrator of the Personnel Division payable from the Oregon Department of Administrative Services Operating Fund. Vouchers for awards described in subsection (1)(c) of this section shall be drawn by the appropriate agency. All vouchers shall be drawn upon certification of the chairperson or secretary of the commission of the amount or cost of the award and the person to whom the award has been made or the amount of the administrative expenses. [1957 c.616 §6; 1981 c.233 §1; 1993 c.724 §28; 1995 c.79 §58; 2005 c.22 §127]

(Productivity Improvement Programs)

      182.365 Legislative findings; definitions for ORS 182.365 to 182.400. (1) The Legislative Assembly finds that it is in the public interest to encourage and reward government efficiency and that the present state budgeting system has developed inadequate mechanisms to reward efficiency in government agencies and programs. The Legislative Assembly further finds that it is in the public interest to establish a program to reward efficiency and effectiveness in government agencies and programs.

      (2) As used in ORS 182.365 to 182.400:

      (a) "Agency or unit" means any department, division, agency or section or unit of any department, division or agency or unit, that has an identifiable budget which may be separated from other budgets and for which credit can be given.

      (b) "Department" means the Oregon Department of Administrative Services.

      (c) "Director" means the Director of the Oregon Department of Administrative Services. [1989 c.815 §1; 1993 c.724 §29]

      182.370 [1989 c.815 §4; repealed by 1993 c.724 §36]

      182.375 State Productivity Improvement Revolving Fund; creation; sources; uses. (1) There is created in the State Treasury, separate and distinct from the General Fund, an Oregon State Productivity Improvement Revolving Fund. All moneys in the fund are appropriated continuously to the Oregon Department of Administrative Services for making loans, grants, matching funds or cash awards available to state agencies or units for implementation of productivity improvement projects, including training and workforce development, upon authorization of the department, subject to ORS 243.650 to 243.782 when applicable. Interest on earnings of the fund shall be credited to the fund.

      (2) The Oregon State Productivity Improvement Revolving Fund shall consist of:

      (a) Moneys transferred from the Oregon Department of Administrative Services Operating Fund, as provided in ORS 240.170, in a sum not to exceed $500,000 to establish the fund.

      (b) Savings realized from implementation of productivity improvement projects that may include existing and future projects authorized by the department.

      (3) Fifty percent of the agency or unit budget savings resulting from improved efficiency shall be credited to the Oregon State Productivity Improvement Revolving Fund to be used for program improvement by the agency or unit. If not used in the biennium in which the savings occur, the amount of credit to an agency or unit may be treated as if it were continuously appropriated to the agency or unit and may be expended in the following biennium without resulting in any budget justification for the agency or unit. Expenditures from the fund are not subject to allotment or other budgetary procedures.

      (4) None of the expenditures in a biennium by the agency or unit under this section shall be considered to be within any appropriation or expenditure limitation in the agency's base budget for the biennium.

      (5) A productivity improvement project may include training and employee development authorized by the department and intended to lead to improved productivity.

      (6) The department may require a different repayment schedule for training and employee development than for other productivity improvement projects.

      (7) Agencies and units shall report to the department quarterly on project implementation, savings realized to date, or projected, and repayment of moneys to the fund. [1989 c.815 §5; 1991 c.385 §89; 1993 c.724 §30; 1995 c.79 §59; 2003 c.55 §3; 2003 c.794 §203]

      182.380 Credit of certain savings to General Fund. Fifty percent of the agency or unit budget savings resulting from improved efficiency and effectiveness shall be credited to the General Fund or, if the origin of the agency or unit's funds is a dedicated fund or federal money, to the fund or account of the agency or unit, to be used for the purposes of the fund or account. [1989 c.815 §6; 1993 c.724 §31]

      182.385 Identification of reduced expenses resulting from improved efficiency. In preparing its budget for the biennium following one in which the state agency or unit credits any amount to the Oregon State Productivity Improvement Revolving Fund, the agency or unit shall identify any reduction in agency or unit expenses resulting from improved efficiency. [1989 c.815 §7; 1993 c.724 §32]

      182.390 Plan for increased efficiency. (1) In order to qualify for credits under ORS 182.375 and 182.380, the agency or unit must present to the Oregon Department of Administrative Services a plan for increased efficiency resulting in budget savings and comply with the review requirements developed by the department. The plan must be approved by the Director of the Oregon Department of Administrative Services. Loans, grants or matching funds authorized under ORS 182.375 shall not require any increased funding or increases in an expenditure limitation and shall not require legislative review.

      (2) The plan required in subsection (1) of this section shall include long-range objectives of each program, indicating in each case where the agency or unit shall increase efficiency and cost savings without a reduction in public services. The plan shall include reasons for leaving current positions vacant, actual reductions in services and supplies, travel and capital outlay and shall include a system to evaluate the resulting accomplishments of each agency or unit. [1989 c.815 §8; 1993 c.724 §33]

      182.395 Ineligibility of new programs for credits. Any new programs mandated by law, assigned to the agency or unit by the Oregon Department of Administrative Services, or budgeted as additions to the base budget or reduced level budget of the agency or unit shall not be eligible for credit savings under ORS 182.365 to 182.400. [1989 c.815 §9; 1993 c.724 §34; 1995 c.79 §60]

      182.400 Report on productivity improvement program. Prior to January 1 of each odd-numbered year, the Oregon Department of Administrative Services shall report to the Legislative Assembly on activities of the productivity improvement program in the manner prescribed in ORS 192.245. [1989 c.815 §10; 1993 c.724 §35]

      182.410 [Amended by 1955 c.707 §56; renumbered 184.410]

RULES GOVERNING AGENCY-PROVIDED HOUSING

      182.415 Definitions for ORS 182.415 to 182.435. As used in ORS 182.415 to 182.435 and 240.086 unless the context requires otherwise:

      (1) "Furnishings" includes furniture usually used in connection with occupancy of a household but does not include rugs, draperies, range, refrigerator, washer, dryer or any item of furnishings received by the state or one of its agencies as a gift, nor does it include any furniture purchased for the state-owned residence required in relation to the official duties of an institutional executive or the Chancellor of the Department of Higher Education prior to September 9, 1971.

      (2) "Housing" includes single and multiple family dwellings, apartments, and manufactured dwellings and manufactured dwelling pads, available on a monthly tenancy but does not include guard stations maintained by the State Forestry Department or dormitory facilities at any state institution or at any state institution of higher education.

      (3) "Dormitory" includes any facility which houses students and those facilities used primarily for sleeping purposes by the employees of the Department of Human Services.

      (4) "State agency" has the same meaning as in ORS 291.002. [1971 c.575 §1; 1977 c.583 §3; 1993 c.276 §1]



      182.420 [Renumbered 184.420]

      182.425 State agency required to collect rental for housing provided to employees; provision of furnishings prohibited; determination of fair rental value. (1) Every state agency that provides housing for its officers or employees shall collect a rental for such housing based on the fair rental value as determined by a qualified appraiser certified under ORS 308.010 or licensed or certified under ORS 674.310, subject to any reductions therefrom authorized under ORS 182.435. Rentals collected under this section shall be credited to the agency's account.

      (2) No state agency shall provide furnishings as part of any housing provided by the agency.

      (3) Determinations of fair rental value shall be reexamined periodically but not less frequently than once every five years and the rental shall be adjusted annually by the change in real estate values, for the affected community as determined by the state agency.

      (4) Determination of the net rental of any employee-occupied state-owned housing unit under subsections (1), (2) and (3) of this section shall be considered a personnel action for purposes of ORS 240.086. [1971 c.575 §§2, 4; 1977 c.583 §4; 1993 c.276 §2]

      182.430 [Renumbered 184.430]

      182.435 Schedule of reduction from fair rental value. (1) Each agency providing housing for its officers or employees may adopt a schedule of reductions from the fair rental value taking into account all pertinent factors including but not limited to:

      (a) Isolation, for which a reduction of up to 20 percent of the fair rental value may be allowed;

      (b) Invasion of privacy, for which a reduction of up to 30 percent of the fair rental value may be allowed;

      (c) The agency's need in having its officers or employees occupying housing in a specific location, for which a reduction of up to 50 percent of fair rental value may be allowed; and

      (d) Inequities between the fair rental value and the salary of the officer or employee, for which an amount may be allowed that when added to any other reductions corrects the inequity.

      (2) Each agency providing housing shall prepare a report indicating the fair rental value of each housing unit, the date of the most recent appraisal and the amount of any reductions from fair rental value with the reasons for the reductions. This report shall be available for public inspection. [1971 c.575 §3; 1977 c.583 §5; 1993 c.276 §3]

      182.440 [Renumbered 184.440]

      182.450 [Renumbered 184.450]

SEMI-INDEPENDENT STATE AGENCIES

(Listing of Semi-Independent State Agencies)

      182.451 State Board of Massage Therapists; Physical Therapist Licensing Board; State Landscape Contractors Board. (1) The following boards are transferred from the Department of Human Services and are established as semi-independent state agencies that are subject to ORS 182.456 to 182.472:

      (a) The State Board of Massage Therapists.

      (b) The Physical Therapist Licensing Board.

      (2) The State Landscape Contractors Board is established as a semi-independent state agency that is subject to ORS 182.456 to 182.472. [1999 c.1084 §1; 2001 c.409 §2]

      Note: 182.451 to 182.472 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.452 [1999 c.1084 §2; repealed by 1999 c.1084 §56 and 2003 c.206 §3]

      182.454 Other semi-independent state agencies. The following semi-independent state agencies are subject to ORS 182.456 to 182.472:

      (1) The Appraiser Certification and Licensure Board.

      (2) The State Board of Architect Examiners.

      (3) The State Board of Examiners for Engineering and Land Surveying.

      (4) The State Board of Geologist Examiners.

      (5) The State Landscape Architect Board.

      (6) The Oregon Board of Optometry.

      (7) The Oregon Patient Safety Commission.

      (8) The Oregon Wine Board. [1999 c.1084 §3; 2003 c.686 §13; 2003 c.797 §27; 2005 c.109 §2]

      Note: See note under 182.451.

(General Provisions Relating to Semi-Independent State Agencies)

      182.456 Definitions for ORS 182.456 to 182.472. As used in ORS 182.456 to 182.472:

      (1) "Board" means a board established as a semi-independent state agency under ORS 182.451 or a board or commission listed under ORS 182.454.

      (2) "License" includes licenses, registrations, certifications, permits or other forms of permission required by law to pursue an occupation or engage in a business regulated by a board. [1999 c.1084 §§4,55; 2003 c.686 §§14,15]

      Note: See note under 182.451.

      182.460 Statutory provisions applicable to semi-independent state agencies. (1) Except as otherwise provided by law, the provisions of ORS chapters 240, 276, 279, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to a board. A board is subject to all other statutes governing a state agency that do not conflict with ORS 182.456 to 182.472, including the tort liability provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183, and a board's employees are included within the Public Employees Retirement System.

      (2) Notwithstanding subsection (1) of this section, the following provisions shall apply to a board:

      (a) ORS 240.309 (1) to (6) and 240.321;

      (b) ORS 279.835 to 279.855;

      (c) ORS 279A.250 to 279A.290;

      (d) ORS 282.210 to 282.230; and

      (e) ORS 293.240.

      (3) In carrying out the duties, functions and powers of a board, the board may contract with any state agency for the performance of duties, functions and powers as the board considers appropriate. A state agency shall not charge a board an amount that exceeds the actual cost of those services. ORS 182.456 to 182.472 do not require an agency to provide services to a board other than pursuant to a voluntary interagency agreement or contract.

      (4) A board shall adopt personnel policies and contracting and purchasing procedures. The Oregon Department of Administrative Services shall review those policies and procedures for compliance with applicable state and federal laws and collective bargaining contracts.

      (5) Except as otherwise provided by law, directors and employees of a board are eligible to receive the same benefits as state employees and are entitled to retain their State of Oregon hire dates, transfer rights and job bidding rights, all without loss of seniority, and to the direct transfer of all accumulated state agency leaves. [1999 c.1084 §5; 2003 c.794 §204]

      Note: See note under 182.451.

      182.462 Budgets for semi-independent state agencies; annual financial statements; disposition of civil penalties; rules. (1) A board shall adopt budgets on a biennial basis using classifications of expenditures and revenues required by ORS 291.206 (1), but the budget shall not be subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly.

      (2) The budget referred to in subsection (1) of this section shall be adopted in accordance with applicable provisions of ORS chapter 183. Except as provided in this subsection, a board shall adopt or modify a budget only after a public hearing thereon. A board must give notice of the hearing to all holders of licenses issued by the board.

      (3) A board shall follow generally accepted accounting principles and keep financial and statistical information as necessary to completely and accurately disclose the financial condition and financial operations of the board as may be required by the Secretary of State.

      (4) A board shall prepare an annual financial statement of board revenues and expenses and shall make the statement available for public review. The board shall provide a copy of the statement to the Oregon Department of Administrative Services not later than the 90th day after the end of the state fiscal year.

      (5) A board may, by rule, elect to donate all or part of the revenue derived by the board from civil penalties to the General Fund of the State Treasury. [1999 c.1084 §6]

      Note: See note under 182.451.

      182.464 Audit by Secretary of State. ORS 182.456 to 182.472 do not affect the duty and authority of the Secretary of State to audit public accounts. The Secretary of State shall enter into agreements with each of the boards to set appropriate audit schedules for those boards. The audit schedule shall be set to allow board compliance with ORS 182.472. In lieu of conducting an audit, the Secretary of State may elect to accept the report of an independent certified public accountant. [1999 c.1084 §7]

      Note: See note under 182.451.

      182.466 Powers of semi-independent state agencies; fees; rules. In addition to other powers granted by ORS 182.456 to 182.472 and by the statutes specifically applicable to a board, a board may:

      (1) Sue and be sued in its own name.

      (2) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C, enter into contracts and acquire, hold, own, encumber, issue, replace, deal in and with and dispose of real and personal property.

      (3) Notwithstanding ORS 670.300, fix a per diem amount to be paid to board members for each day or portion thereof during which the member is actually engaged in the performance of official duties. Board members may also receive actual and necessary travel expenses or other expenses actually incurred in the performance of their duties. If an advisory council or peer review committee is established under the law that governs the board, the board may also fix and pay amounts and expenses for members thereof.

      (4) Set the amount of any fee required by statute and establish by rule and collect other fees as determined by the board. Fees shall not exceed amounts necessary for the purpose of carrying out the functions of the board. Notwithstanding ORS 183.335 and except as provided in this subsection, a board shall hold a public hearing prior to adopting or modifying any fee without regard to the number of requests received to hold a hearing. A board shall give notice to all licensees of the board prior to holding a hearing on the adoption or modification of any fee. A board may adopt fees in conjunction with the budget adoption process described in ORS 182.462.

      (5) Subject to any other statutory provisions, adopt procedures and requirements governing the manner of making application for issuance, renewal, suspension, revocation, restoration and related activities concerning licenses that are under the jurisdiction of a board. [1999 c.1084 §8; 2001 c.104 §62; 2003 c.794 §205]

      Note: See note under 182.451.

      182.468 Administrators. (1) Notwithstanding ORS 670.306, a board may select and appoint an administrator. The board shall fix the qualifications and compensation for the position.

      (2) An administrator of a board shall not be a voting member of that board.

      (3) Notwithstanding ORS 670.306, an administrator of a board may employ persons as the board determines to be necessary for carrying out the business and responsibilities of the board. [1999 c.1084 §9(1),(2),(3)]

      Note: See note under 182.451.

      182.470 Depository accounts for moneys collected or received by semi-independent state agencies. (1) Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to ORS 182.462 (5), all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on the date that the board is established as a semi-independent state agency, and all moneys collected or received by a board after the date that the board is established as a semi-independent state agency, must be deposited into an account established by that board in a depository bank insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. In a manner consistent with the requirements of ORS chapter 295, the chairperson, president or administrator of a board shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. All moneys in the account are continuously appropriated to the board making the deposit for the purpose of carrying out the functions of the board.

      (2) Subject to the approval of the chairperson, president or administrator, a board may invest moneys collected or received by the board. Investments made by a board are:

      (a) Limited to investments described in ORS 294.035;

      (b) Subject to the investment maturity date limitations described in ORS 294.135; and

      (c) Subject to the conduct prohibitions listed in ORS 294.145.

      (3) Interest earned from any accounts invested under subsection (2) of this section shall be made available to a board in a manner consistent with the board's annual budget.

      (4) Subject to the approval of the chairperson, president or administrator, all necessary board expenses shall be paid from the moneys collected or earned by a board.

      (5) As used in this section, "depository bank" has the meaning given that term in ORS 295.005. [1999 c.1084 §10; 2001 c.409 §3; 2003 c.405 §3]

      Note: See note under 182.451.

      182.472 Reports. Not later than January 1 of each even-numbered year, each board subject to ORS 182.456 to 182.472 shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The Legislative Fiscal Officer shall review the reports and shall prepare and submit a statement of findings and conclusions to the Joint Legislative Audit Committee. The report must include the following:

      (1) A copy of the most recent audit of the board.

      (2) A copy of the actual budget for the prior biennium and a copy of the board's adopted budget for the biennium in which the report is made. The budget documents must show:

      (a) The beginning balance and ending balance for each of the two biennia;

      (b) A description of material changes between the two biennia;

      (c) A description of the public hearing process used to establish the budget adopted for the current biennium; and

      (d) A description of current fees and proposed changes to fees, along with information supporting the amounts of the current fees and any proposed changes to the fees.

      (3) A description of all temporary and permanent rules adopted by the board since the last report was submitted.

      (4) A description of board actions promoting consumer protection that were taken since the last report was submitted.

      (5) If the board issues licenses, a description of the board's licensing activities performed since the last report that is adequate to allow evaluation of the board's performance of its licensing responsibilities, including:

      (a) The number of license applications;

      (b) The number of licenses issued;

      (c) The number of examinations conducted;

      (d) The average time between application for and issuance of licenses;

      (e) The number and types of complaints received about persons holding licenses;

      (f) The number and types of investigations conducted;

      (g) The number and types of resolutions of complaints;

      (h) The number and type of sanctions imposed; and

      (i) The number of days between beginning an investigation and reaching a resolution.

      (6) A description of all other actions taken since the last report in the performance of the board's statutory responsibilities that is adequate to allow evaluation of the board's performance. [1999 c.1084 §11; 2005 c.109 §1]

      Note: See note under 182.451.

OMBUDSMAN SERVICES

      182.500 Mandatory report to Governor by person performing ombudsman services. If an agency or officer of the executive department, as defined by ORS 174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the person provided during the quarter and the person's recommendations for improving ombudsman services and the services for which the person provides assistance. [2003 c.591 §17]

      Note: 182.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.510 [1953 c.588 §1; repealed by 1957 c.624 §14]

EVIDENCE-BASED PROGRAMS

      182.515 Definitions for ORS 182.515 and 182.525. As used in this section and ORS 182.525:

      (1) "Agency" means:

      (a) The Department of Corrections;

      (b) The Oregon Youth Authority;

      (c) The State Commission on Children and Families; and

      (d) That part of the Department of Human Services that deals with mental health and addiction issues.

      (2) "Cost effective" means that cost savings realized over a reasonable period of time are greater than costs.

      (3) "Evidence-based program" means a program that:

      (a) Incorporates significant and relevant practices based on scientifically based research; and

      (b) Is cost effective.

      (4)(a) "Program" means a treatment or intervention program or service that is intended to:

      (A) Reduce the propensity of a person to commit crimes;

      (B) Improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services; or

      (C) Reduce the propensity of a person who is less than 18 years of age to engage in antisocial behavior with the result of reducing the likelihood that the person will become a juvenile offender.

      (b) "Program" does not include:

      (A) An educational program or service that an agency is required to provide to meet educational requirements imposed by state law; or

      (B) A program that provides basic medical services.

      (5) "Scientifically based research" means research that obtains reliable and valid knowledge by:

      (a) Employing systematic, empirical methods that draw on observation or experiment;

      (b) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; and

      (c) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators. [2003 c.669 §3; 2005 c.503 §12]

      Note: 182.515 and 182.525 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      182.520 [1953 c.588 §2; repealed by 1957 c.624 §14]

      182.525 Mandatory expenditures for evidence-based programs; biennial report; rules. (1) An agency as defined in ORS 182.515 shall spend at least 75 percent of state moneys that the agency receives for programs on evidence-based programs.

      (2) The agency shall submit a biennial report containing:

      (a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;

      (b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;

      (c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and

      (d) A description of the efforts the agency is making to meet the requirement of subsection (1) of this section.

      (3) The agency shall submit the report required by subsection (2) of this section no later than September 30 of each even-numbered year to the interim legislative committee dealing with judicial matters.

      (4) If an agency, in any biennium, spends more than 25 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency's failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.

      (5) The agency may adopt rules necessary to carry out the provisions of this section, including but not limited to rules defining a reasonable period of time for purposes of determining cost effectiveness. [2003 c.669 §7; 2005 c.22 §128; 2005 c.503 §13]

      Note: Section 8, chapter 669, Oregon Laws 2003, provides:

      Sec. 8. The provisions of section 7 of this 2003 Act [182.525] apply to biennia beginning on or after July 1, 2009. [2003 c.669 §8]

      Note: See note under 182.515.

      Note: Sections 4, 5 and 6, chapter 669, Oregon Laws 2003, provide:

      Sec. 4. As used in sections 5 and 6 of this 2003 Act, "agency," "cost effective," "evidence-based program" and "program" have the meanings given those terms in section 3 of this 2003 Act [182.515]. [2003 c.669 §4]

      Sec. 5. (1) For the biennium beginning July 1, 2005, an agency as defined in ORS 182.515 shall spend at least 25 percent of state moneys that the agency receives for programs on evidence-based programs.

      (2) The agency shall submit a report containing:

      (a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;

      (b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;

      (c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and

      (d) A description of the efforts the agency is making to meet the requirements of subsection (1) of this section and section 6 (1), chapter 669, Oregon Laws 2003, and ORS 182.525 (1).

      (3) The agency shall submit the report required by subsection (2) of this section no later than September 30, 2006, to the interim legislative committee dealing with judicial matters.

      (4) If an agency, during the biennium beginning July 1, 2005, spends more than 75 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency's failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.

      (5) The agency may adopt rules necessary to carry out the provisions of this section, including but not limited to rules defining a reasonable period of time for purposes of determining cost effectiveness. [2003 c.669 §5; 2005 c.22 §129; 2005 c.503 §14]

      Sec. 6. (1) For the biennium beginning July 1, 2007, an agency as defined in ORS 182.515 shall spend at least 50 percent of state moneys that the agency receives for programs on evidence-based programs.

      (2) The agency shall submit a report containing:

      (a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;

      (b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;

      (c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and

      (d) A description of the efforts the agency is making to meet the requirements of subsection (1) of this section and ORS 182.525 (1).

      (3) The agency shall submit the report required by subsection (2) of this section no later than September 30, 2008, to the interim legislative committee dealing with judicial matters.

      (4) If an agency, during the biennium beginning July 1, 2007, spends more than 50 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency's failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.

      (5) The agency may adopt rules necessary to carry out the provisions of this section, including but not limited to rules defining a reasonable period of time for purposes of determining cost effectiveness. [2003 c.669 §6; 2005 c.22 §130; 2005 c.503 §15]

      182.530 [1953 c.588 §3; repealed by 1957 c.624 §14]

      182.540 [1953 c.588 §4; 1955 c.152 §1; repealed by 1957 c.624 §14]

      182.605 [1977 c.842 §1; 1981 c.85 §10; 1981 c.438 §45; 1981 c.821 §1a; 1983 c.17 §28; 1987 c.414 §145; 1989 c.460 §2; 1989 c.721 §21; 1991 c.67 §43; 1993 c.45 §287; repealed by 1993 c.458 §1]

      182.608 [Derived from 1983 c.17 §1; 1991 c.67 §44; repealed by 1993 c.458 §1]

      182.609 [Derived from 1983 c.151 §24; 1987 c.31 §12; 1993 c.267 §18; repealed by 1993 c.458 §1]

      182.610 [Derived from 1983 c.655 §11; repealed by 1989 c.586 §7]

      182.615 [1977 c.842 §47; repealed by 1993 c.458 §1]

      182.625 [1977 c.842 §48; repealed by 1993 c.458 §1]

      182.635 [1977 c.842 §49; repealed by 1993 c.458 §1]

      182.815 [1982 s.s.1 c.3 §1; renumbered 284.895 in 1989]

_______________

Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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