2007 Oregon Code - Chapter 182 :: Chapter 182 - STATE ADMINISTRATIVE AGENCIES
Chapter 182
STATE ADMINISTRATIVE AGENCIES
2007 EDITION
EXECUTIVE BRANCH; ORGANIZATION
STATE ADMINISTRATIVE AGENCIES GENERALLY
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
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
182.072 Payment
for licenses issued by county or other public body on behalf of state agency
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)
182.454 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 Financial
review 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; cooperation with
ombudsman
EVIDENCE-BASED PROGRAMS
182.515 Definitions
for ORS 182.515 and 182.525
182.525 Mandatory
expenditures for evidence-based programs; biennial report; rules
ENVIRONMENTAL JUSTICE TASK FORCE
182.535 Natural
resource agency defined for ORS 182.535 to 182.550
182.538 Environmental
Justice Task Force established
182.542 Duties
of task force
182.545 Duties
of natural resource agencies
182.550 Reports
by natural resource agencies
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 [State Department of
Fish and Wildlife], 496.228
Accountancy,
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,
Advocacy Commissions Office,
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, Governors
Council on, 430.255
Alcohol Education Program [
Alcohol Server Education Advisory Committee,
471.547
All-Terrain Vehicle Account Allocation
Committee, 390.565
Anatomy, Demonstrator of [
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
Chief
Judge, 398.420
Arts Commission,
Asian Affairs, Commission on, 185.610
Asset Forfeiture Oversight Advisory
Committee, 475A.155
Athletic Commission Medical Advisory
Committee,
Athletic Commission,
Athletic Trainers, Board of [
Attorney General, 180.010
Deputy,
180.130
Audits, Division of [Secretary of State],
297.010
Aviation
Department
of,
Director
of, 835.106
Board,
State, 835.102
Bar,
Board
of Governors, 9.025
House
of delegates, 9.136
Beef Council,
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
Industries
for the, 346.190
Board
of Directors of the, 346.097
Superintendent,
426.020
Boiler Rules, Board of, 480.535
Brain, Biology and Machine, Center for [
Brownfields Cleanup Program,
Building Codes Structures Board, 455.132
Capital Projects Advisory Board, 276.227
Capitol Foundation,
Career schools, advisory committee on,
345.330
Charitable Checkoff Commission,
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
Childrens Advocate, Office of [Department of
Human Services], 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 Change Research Institute,
Climate Service,
Clinical Social Workers, State Board of,
675.510
Coast safety committee,
Collections Unit [Department of Revenue],
293.250
College Savings Board,
Commercialized Research Fund Advisory
Council,
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
Community Stewardship Corps,
Compensation and Conservation Ombudsman,
195.320
Compliance Advisory Panel, Small Business
Stationary Source Technical and Environmental Compliance Assistance Program,
468A.330
Comprehensive Revenue Restructuring, Task
Force on (sunsets January 12, 2009), 2007 c.862 §1
Conciliation Service, State [Employment
Relations Board], 662.415
Connecting
Construction Contractors Board, 701.205
Consumer Advisory Council [Department of
Justice], 180.520
Consumer Advisory Council [Director of Human
Services], 430.073
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
Enterprises,
Administrator,
421.344
Facilities
Siting Authority, 421.621
Ombudsman,
423.400
Cosmetology, Board of, 690.155
Counselors and Therapists,
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
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,
Information
Standards Advisory Board, 181.725
Research
and Policy Institute [
Scientific
Advisory Committee,
Crops Advisory Committee, Minor, 634.600
Cultural Development Grant Program, 359.431
Dairy Air Quality, Task Force on (sunsets
January 12, 2009), 2007 c.799 §3
Deaf and Hard-of-Hearing Services Program,
Deaf,
Board
of Directors of the, 346.085
Debt Policy Advisory Commission, State,
286A.250
Defense Force,
Deferred Compensation Advisory Committee,
243.505
Degree Authorization, Office of [
Dentistry,
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,
Disability Issues Advisory Committee, 430.050
Dispute resolution and mediation services
program for public bodies [Mark O. Hatfield School of Government], 36.179
District Best Practices Advisory Committee
[Department of Education], 326.136
Domestic and sexual violence services
program, advisory council on [Department of Justice], 147.471
Drinking Water Advisory Committee, State,
448.153
Drug Use Review Board, 414.355
Early Childhood System,
Early Success Reading Initiative, 329.834
Eastern
Superintendent,
427.010
Eastern
Economic and Community Development
Commission,
Advisory
and technical committees, 285A.060
Economic and Community Development
Department, 285A.070
Director,
285A.070
Economic Revitalization Team [office of
Governor], 284.555
Economy, Governors Council on
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
Education System Design Team (sunsets January
12, 2009), 2007 c.839 §15
Educator Health Benefits, Task Force on
(operative July 1, 2011; sunsets January 14, 2013), 2007 c.7 §20
Educators Benefit Board,
Electric and Magnetic Field Committee,
469.480
Electrical and Elevator Board, 455.138
Electrologists and Permanent Color
Technicians and Tattoo Artists, Advisory Council [to the
Emergency Board, 291.324
Emergency Fire Cost Committee, 477.440
Administrator,
477.460
Emergency Management, Office of [Oregon
Military Department], 401.257
Advisory
and technical committees, 401.267
Deputy
director, 401.263
Director,
401.261
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,
Energy Facility Siting Council [Oregon
Department of Administrative Services], 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
Environmental Health Registration Board [
Environmental Justice Task Force, 182.538
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
Expressing milk in the workplace, advisory
committee on, 653.079
Facilities Authority,
Fair Advisory Committee, State, 565.021
Fair Commission, County, 565.410
Fair Dismissal Appeals Board, 342.930
Fair,
FAIR Plan Association,
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
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,
Fire Marshal, State, 476.020
Fire Service Policy Council, Governors,
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,
624.121
Forensic laboratories [Department of State
Police], 181.080
Advisory
Committee, 526.225
Advisory
committee, 526.700
Loan
program, 526.705
Forest Resources Institute,
Board
of directors, 526.610
Forester, State, 526.031
Advisory
committee, 477.556
Forestry Department, State, 526.008
Forestry, State Board of, 526.009
Freight Advisory Committee, 366.212
Fujian Sister State Committee, 285A.148
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
Global Warming Commission,
Government Ethics Commission,
Graduate
Ground water advisory committee, 536.090
Growth Account Board,
Health Care Acquired Infection Advisory
Committee (sunsets January 2, 2018), 2007 c.838 §4
Health Care Consumer Protection Advisory
Committee, 743.827
Health Care Interpreters,
Health care professions, practices and
procedures, advisory board, 431.190
Health Fund Board,
Health Insurance Reform Advisory Committee,
743.745
Health Licensing Agency,
Director,
676.610
Health Partnerships, Office of Private,
735.701
Health Policy and Research Advisory
Committee, Office for
Health Policy and Research, Office for
Health Policy Commission,
Health Professionals Program Supervisory Council,
677.615
Health Professions,
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,
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,
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,
Home Care Commission, 410.602
Homeland Security Council,
Hospital,
Superintendent,
179.331, 426.020
Housing and Community Services Department,
456.555
Director,
456.555
Housing Council, State, 456.567
Housing Innovation, Center for [
Human Services, Department of, 409.010
Director,
409.100
Volunteer
Program, 409.360
Hunger and Homelessness, Interagency Council
on, 458.525
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
Industrialized Housing Development Program [
Injured workers, ombudsman for [Department of
Consumer and Business Services], 656.709
Innovation Council,
Institutional physical access committees,
higher education, 352.015
Insurance Guaranty Association,
Interagency Coordinating Council (special
education), State, 343.499
Interagency Shared Information System,
657.732
Interoperability Executive Council, State
[Office of Emergency Management], 401.871
Interoperable Communication Plan,
Invasive Species Council, 561.687
Investment Council,
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
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
Korean American Day Commission (sunsets
January 2, 2016), 2007 c.68 §2
Labor and Industries, Bureau of, 651.020
Commissioner,
651.030
Lakes and Reservoirs, Center for [
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,
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,
Law Enforcement Contacts Policy and Data
Review Committee, 131.906
Law Enforcement Medal of Honor, Governors
Commission on the, 176.262
Legal Services Program [Oregon State Bar],
9.572
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,
Lifespan Respite Care Program,
Administrator,
409.462
Advisory
council, 409.462
Liquor Control Commission,
Local citizen review boards [Judicial
Department], 419A.090
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,
Lottery,
Assistant
Director for Security, 461.190
Director,
461.150
Low income energy assistance programs,
advisory committee, 458.515
Management-Labor Advisory Committee, Workers
Compensation, 656.790
Manufactured
Manufactured Structures and Parks Advisory
Board, 446.280
Marine Board, State, 830.105
Marine Director, State, 830.135
Maritime Pilots,
Mass Transportation Financing Authority,
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 Board,
Medical care, advisory committee on, 656.794
Medical Examiner
Advisory
Board, State, 146.015
State,
146.035
Medical Insurance Pool Board,
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
Medically Involved Home-Care Program
[Department of Human Services], 417.345
Mental Health Advisory Board, 430.050
Mental health compact administrator, 428.320
Military Council, 396.145
Military Emergency Financial Assistance
Program,
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
Motorcycle safety program [Department of
Transportation], 802.320
Municipal Debt Advisory Commission,
Natural Heritage Advisory Council, 273.571
Natural Resources Division [Department of
Agriculture], 561.400
Natural Resources, Institute for [
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,
Nursing Services Program [
Nursing Shortage Coalition Committee,
Obesity Prevention Initiative, Task Force for
a Comprehensive (sunsets January 12, 2009), 2007 c.904 §1
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,
Optometric Nontopical Formulary, Council on,
683.240
Optometry,
Board
Nominating Committee, 757.830
Board
of directors, 757.834
Oregon Health and
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
Oregon Institute of Technology, 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
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
Patient Safety Commission,
Administrator,
442.835
Board
of Directors, 442.830
Patient
Safety Reporting Program,
Peer Review Oversight Committee [
Penitentiary,
Superintendent,
179.331
Permanent Color Technicians and Tattoo
Artists, Advisory Council [to the
Personnel Division [Oregon Department of
Administrative Services], 240.055
Pesticide Analytical and
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 [Office for
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
Superintendent
of State, 181.200
Board
of commissioners, 778.205
Prescription Drug Program,
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, 286A.615
Private schools, advisory committee, 345.575
Progress Board,
Project coordinating committee, 517.965
Property and Fiscal Officer for
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 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,
Public Health Director, 431.035
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 Safety Strategies Task Force, 2007
c.832 §1
Public Utility Commission of
Quality Education Commission, 327.500
Racing Commission,
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,
Refugee Child Welfare Advisory Committee,
418.941
Release assistance officer [pretrial
release], 135.235
Remedial Action Advisory Committee, 465.420
Renewable
Research Policy Recommendations, Council for,
351.880
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 Advisory Council,
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 [
Services
Program [
Safe Employment Education and Training
Advisory Committee, 654.189
Safety committee for
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 [
Search and Rescue Coordinator, 401.550
Deputy,
177.040
Seismic Safety Policy Advisory Commission,
401.337
Senior Prescription Drug Assistance Program
[Department of Human Services], 414.342
Senior Services, Governors Commission on,
410.320
Sex Offender Treatment Board, 675.395
Shared Responsibility Steering Committee
[Oregon Student Assistance Commission] (sunsets January 2, 2012), 2007 c.802 §8
Shipping Transport of Aquatic Invasive
Species Task Force (sunsets January 12, 2009), 2007 c.816 §1
Short Term Fund Board,
Shorthand Reporters Advisory Committee,
Certified, 8.455
Sign Task Force (sunsets January 12, 2009),
2007 c.199 §26
Sister State Committee, 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, 477.558
Soil and Water Conservation Commission,
561.395
Southern
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
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,
Executive
director, 244.310
Supplemental Income Program,
Support enforcement, interstate, state
information agency [office of Attorney General], 110.369
Supreme Court, Const. Art. VII (A), §1
Chief
Justice, 2.045
Surveying, State Board of Examiners for
Engineering and Land, 672.240
Sustainability Board [Oregon Department of
Administrative Services], 184.427
Tattoo Artists, Advisory Council [to the
Tax
Judge,
305.452
Tax Practitioners, State Board of, 673.725
Tax supervising and conservation commissions,
294.610
Teacher Corps program,
Teacher Standards and Practices Commission,
342.350
Telecommunications
Coordinating
Council,
Devices
Access Program Advisory Committee (sunsets January 1, 2010), 1987 c.290 §12
Tourism Commission,
Transportation Commission,
Transportation, Department of, 184.615
Director,
184.620
Transportation Safety Committee, 802.300
Travel Information Council, 377.835
Treasurer,
Chief
Deputy, 178.060
Troops to Teachers program,
Trustees of State Library, 357.010
Trust for Cultural Development Board, 359.410
21st Century Schools Council, 329.704
21st Century Schools
University of
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,
Veterinarian, State, 596.210
Veterinary Medical Examining Board,
Violations Bureau [courts], 153.800
Virtual
Vocational rehabilitation services, state
advisory committee on [Director of Human Services], 344.735
Volunteers Commission for Voluntary Action
and Service,
Wage and Hour Commission, 653.505
Water Resources
Commission,
536.022
Department,
536.039
Director,
536.032
Watershed Enhancement Board,
Weed Board, State, 561.650
Well Constructors Continuing Education
Committee (sunsets January 2, 2014), 2001 c.496 §2
Western States Legislative Forestry Task
Force, 171.860
Wheat Commission,
Wildlife Law Violator Compact, administrator,
496.750
Wine Board,
Winter Recreation Advisory Committee, 802.350
Women, Commission for, 185.520
Workers Compensation Board, 656.712
Workforce Investment Board, State, 660.321
Youth Authority,
Director,
420A.015
Youth Conservation Corps,
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
(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
(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]
182.072
Payment for licenses issued by county or other public body on behalf of state
agency. If an agency of the
executive department, as defined in ORS 174.112, enters into a contract with a
county or other public body, as defined in ORS 174.109, for the purpose of
issuing licenses on behalf of the agency, the agency, by rule, shall provide
that payment for the licenses be made directly to the agency if:
(1) The agency has implemented a
functioning licensing software system that is approved by the Oregon Department
of Administrative Services; and
(2) The agency pays to the county or other
public body the same amounts under the contract that the county or other public
body would have received if the county or other public body had collected the
license fees. [2007 c.768 §61]
Note: 182.072 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.
182.080
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
(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 are required by
statute or federal law and regulation.
(4) Use the preferred and more positive
term person with a disability instead of disabled person, handicapped or
other negative words except as such terms are 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 a disability
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; 2007 c.70 §48]
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
states 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 states 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 states 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 states 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 states 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 agencys 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 states
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 states 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.
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
(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
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
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 agencys 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 units 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 agencys 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 agencys 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 [1999 c.1084 §1; 2001 c.409 §2; repealed by
2007 c.71 §58]
182.452 [1999 c.1084 §2; repealed by 1999 c.1084 §56
and 2003 c.206 §3]
182.454
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
(7) The
(8) The
(9) The State Board of Massage Therapists.
(10) The Physical Therapist Licensing
Board.
(11) The State Landscape Contractors
Board. [1999 c.1084 §3; 2003 c.686 §13; 2003 c.797 §27; 2005 c.109 §2; 2007
c.71 §59]
Note: 182.454 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.
(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 semi-independent state
agency listed in 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; 2007 c.71 §60]
Note: See note under 182.454.
182.460
Statutory provisions applicable to semi-independent state agencies. (1) Except as otherwise provided by law, the
provisions of ORS chapters 240, 276, 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 boards 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 279A.250 to 279A.290;
(c) ORS 282.210 to 282.230; and
(d) 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 may 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; 2007 c.71 §61]
Note: See note under 182.454.
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 182.454.
182.464
Financial review by Secretary of State. The Secretary of State shall enter into agreements with each of the
boards to set appropriate financial review schedules for those boards. The
financial review schedules shall be set to allow board compliance with ORS
182.472. In lieu of conducting a financial review, the Secretary of State may
elect to contract for the financial review with, or accept a financial review
conducted by, an independent certified public accountant. [1999 c.1084 §7; 2007
c.218 §1]
Note: Section 7 (1), chapter 218, Oregon Laws
2007, provides:
Sec.
7. (1) The amendments to ORS
182.464 and 182.472 by sections 1 and 2 of this 2007 Act apply to financial
review schedules for financial reviews to be included in reports to be
submitted to the Governor and the Legislative Assembly not later than the date
on which the Seventy-fifth Legislative Assembly convenes [January 12, 2009].
[2007 c.218 §7(1)]
Note: See note under 182.454.
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 182.454.
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 182.454.
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 insured by the Federal
Deposit Insurance Corporation or the National Credit Union Share Insurance
Fund. In a manner consistent with the requirements of ORS 295.001 to 295.108,
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 boards 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
has the meaning given that term in ORS 295.001. [1999 c.1084 §10; 2001 c.409 §3;
2003 c.405 §3; 2007 c.871 §25]
Note: The amendments to 182.470 by section 25,
chapter 871, Oregon Laws 2007, become operative July 1, 2008, and apply to all
public funds on deposit on or after July 1, 2008. See sections 36 and 37,
chapter 871, Oregon Laws 2007, as amended by sections 39 and 40, chapter 871,
Oregon Laws 2007. The text that is operative until July 1, 2008, is set forth
for the users convenience.
182.470. (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 boards 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 295.001.
Note: See note under 182.454.
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 or
financial review of the board.
(2) A copy of the actual budget for the
prior biennium and a copy of the boards 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 boards licensing activities performed since the last report
that is adequate to allow evaluation of the boards 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 boards statutory
responsibilities that is adequate to allow evaluation of the boards
performance. [1999 c.1084 §11; 2005 c.109 §1; 2007 c.218 §2]
Note: See first note under 182.464.
Note: See note under 182.454.
OMBUDSMAN
SERVICES
182.500
Mandatory report to Governor by person performing ombudsman services; cooperation
with ombudsman. (1) 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
persons recommendations for improving ombudsman services and the services for
which the person provides assistance.
(2) All public bodies, as defined by ORS
174.109, shall cooperate with an ombudsman established or specifically
authorized by law, or designated by the Governor, and shall promptly provide
all information requested by the ombudsman that is relevant to the duties of
the ombudsman. Any person that contracts with a public body, as defined by ORS
174.109, shall cooperate with an ombudsman established or authorized by law or
designated by the Governor to the extent the ombudsman is investigating matters
related to the contract, and shall promptly provide all information requested
by the ombudsman that is related to the contract and relevant to the duties of
the ombudsman. An agency or officer of the executive department, as defined by
ORS 174.112, shall consult with the Attorney General if there is any legal
dispute relating to:
(a) Whether confidential or other
restricted information may be provided under this subsection to an ombudsman;
or
(b) Whether the ombudsman is seeking
information that is relevant to the duties of the ombudsman. [2003 c.591 §17;
2007 c.893 §1]
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
(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 agencys 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 agencys 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 agencys 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]
ENVIRONMENTAL
JUSTICE TASK FORCE
182.535
Natural resource agency defined for ORS 182.535 to 182.550. For purposes of ORS 182.535 to 182.550, natural
resource agency means the Department of Environmental Quality, the State
Department of Agriculture, the Water Resources Department, the State Department
of Fish and Wildlife, the State Forestry Department, the Department of State
Lands, the Department of Education, the State Department of Geology and Mineral
Industries, the Department of Land Conservation and Development, the State
Marine Board, the Public Utility Commission, the Department of Transportation,
the State Fire Marshal and the Department of Human Services. [2007 c.909 §1]
Note: 182.535 to 182.550 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.
182.538
Environmental Justice Task Force established. (1) There is established the Environmental Justice Task Force
consisting of 12 members appointed by the Governor. The members shall be
persons who are well-informed on the principles of environmental justice and
who, to the greatest extent practicable, represent minority communities,
low-income communities, environmental interests, industry groups and
geographically diverse areas of the state. Of the 12 members, the Governor
shall appoint one member of the task force from each of the following
commissions:
(a) The Commission on Asian Affairs;
(b) The Commission on Black Affairs;
(c) The Commission on Hispanic Affairs;
and
(d) The Commission on Indian Services.
(2) The task force shall submit an annual
report to the Governor setting forth its view of the progress of natural
resource agencies toward achieving the goals established pursuant to ORS
182.542 and identifying any other environmental issues that the task force
determines need attention.
(3) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on January 1 of the following year. A member may be
reappointed. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(4) A member of the task force who is not
a member of the Legislative Assembly is entitled to compensation and expenses
in the manner and amounts provided for in ORS 292.495. Claims for compensation
and expenses incurred in performing functions of the task force shall be paid
out of funds appropriated to the Governor for that purpose.
(5) The task force shall elect one of its
members as a chairperson and another as vice chairperson, for the terms and
with the duties and powers necessary for the performance of the functions of
such offices as the task force determines.
(6) A majority of the members of the task
force constitutes a quorum for the transaction of business.
(7) The task force shall meet at least
once every three months at times and places specified by the chairperson. The
task force also shall meet at other times and places specified by the call of
the chairperson or of a majority of the members of the task force.
(8) The Governor shall provide the task
force with the necessary clerical and administrative staff support.
(9) Natural resource agencies are directed
to assist the task force in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the task force consider necessary to perform their duties.
(10) A member of the task force who is a
member of the Legislative Assembly may serve in an advisory capacity only. [2007
c.909 §2]
Note: See note under 182.535.
Note: Section 6, chapter 909, Oregon Laws 2007,
provides:
Sec.
6. Notwithstanding the term
of office specified in section 2 of this 2007 Act [182.538], of the members
first appointed to the Environmental Justice Task Force under section 2 of this
2007 Act:
(1) Four shall serve for terms ending June
30, 2009.
(2) Four shall serve for terms ending June
30, 2010.
(3) Four shall serve for terms ending June
30, 2011. [2007 c.909 §6]
182.540 [1953 c.588 §4; 1955 c.152 §1; repealed by
1957 c.624 §14]
182.542
Duties of task force. The
Environmental Justice Task Force shall:
(1) Advise the Governor on environmental
justice issues;
(2) Advise natural resource agencies on
environmental justice issues, including community concerns and public
participation processes;
(3) Identify, in cooperation with natural
resource agencies, minority and low-income communities that may be affected by
environmental decisions made by the agencies;
(4) Meet with environmental justice
communities and make recommendations to the Governor regarding concerns raised
by these communities; and
(5) Define environmental justice issues in
the state. [2007 c.909 §3]
Note: See note under 182.535.
182.545
Duties of natural resource agencies. In order to provide greater public participation and to ensure that
all persons affected by decisions of the natural resource agencies have a voice
in those decisions, each natural resource agency shall:
(1) In making a determination whether and
how to act, consider the effects of the action on environmental justice issues.
(2) Hold hearings at times and in
locations that are convenient for people in the communities that will be
affected by the decisions stemming from the hearings.
(3) Engage in public outreach activities
in the communities that will be affected by decisions of the agency.
(4) Create a citizen advocate position that
is responsible for:
(a) Encouraging public participation;
(b) Ensuring that the agency considers
environmental justice issues; and
(c) Informing the agency of the effect of
its decisions on communities traditionally underrepresented in public processes.
[2007 c.909 §4]
Note: See note under 182.535.
182.550
Reports by natural resource agencies. All directors of natural resource agencies, and other agency directors
as the Governor may designate, shall report annually to the Environmental
Justice Task Force and to the Governor on the results of the agencies efforts
to:
(1) Address environmental justice issues;
(2) Increase public participation of
individuals and communities affected by agencies decisions;
(3) Determine the effect of the agencies
decisions on traditionally underrepresented communities; and
(4) Improve plans to further the progress
of environmental justice in
Note: See note under 182.535.
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]
_______________
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