2007 Oregon Code - Chapter 348 :: Chapter 348 - Student Aid - Education Stability Fund - Planning
Chapter 348 —
Student Aid; Education Stability Fund; Planning
2007 EDITION
STUDENT AID; STABILITY FUND; PLANNING
EDUCATION AND CULTURE
POLICY
348.005Â Â Â Â Policy
on student financial aid
LOANS GENERALLY
348.010Â Â Â Â Higher
Education Student Loan Fund; investments
348.040Â Â Â Â Definitions
for ORS 348.040 to 348.070
348.050Â Â Â Â Student
loans from Common School Fund; terms and conditions; exceptions
348.070Â Â Â Â List
of suitable career schools
348.090Â Â Â Â Loans
guaranteed by state agency; payment of interest
348.095Â Â Â Â Reimbursement
by commission for default losses
348.105Â Â Â Â Loan
obligations enforceable against minor
348.115Â Â Â Â Student
loans for nursing programs; terms and conditions
348.117Â Â Â Â Repayment
of loans for nursing program; grounds for deferral
SCHOLARSHIPS AND GRANTS
348.180Â Â Â Â Definitions
348.183Â Â Â Â Legislative
intent
348.186Â Â Â Â Oregon
Achievement Grant; qualifications; renewal
348.205Â Â Â Â Oregon
Opportunity Grant program
348.210Â Â Â Â Scholarships
at
348.230Â Â Â Â Scholastic
grants at post-secondary institutions; qualified applicants; renewals
348.250Â Â Â Â Procedure
for awarding grants under ORS 348.230 and 348.260
348.260Â Â Â Â Oregon
Opportunity Grant; amount; renewal
348.265Â Â Â Â Grants
for students of Oregon Health and
348.270Â Â Â Â Scholarships
for children of public safety officers and former foster children
348.280Â Â Â Â Determination
of eligibility for scholarships under ORS 348.270; rules
348.282Â Â Â Â Definitions
348.283Â Â Â Â Oregon
Troops to Teachers program; rules
348.290Â Â Â Â Financial
aid to study barbering, hairdressing, manicure and esthetics
RURAL MEDICAL EDUCATION LOANS
348.310Â Â Â Â Loans
for medical study; rules
348.320Â Â Â Â Eligibility
for loans; application; written agreement
348.330Â Â Â Â Amount
of loans
348.340Â Â Â Â Cost-sharing
community loan fund program; repayment; exception
348.350Â Â Â Â Cost-sharing
hospital loan fund program; limitation; admission to family practice programs
348.360Â Â Â Â Renewal
of loans
348.370Â Â Â Â Repayment
of loans; interest; conditions; exemption
348.390Â Â Â Â Rural
Medical Education Loan Fund; sources; use
SPEECH-LANGUAGE PATHOLOGIST GRANTS AND
STIPENDS
348.394Â Â Â Â Definitions
for ORS 348.394 to 348.406
348.398Â Â Â Â Department
of Education authority; grants; stipends; rules
348.401Â Â Â Â Grant
eligibility; amount; employment requirement
348.403Â Â Â Â Stipend
eligibility; amount
348.406Â Â Â Â Speech-Language
Pathologist Training Fund
COMMUNITY SERVICE VOUCHER PROGRAM
348.427Â Â Â Â Voucher
program established; amount; recipient eligibility
348.429Â Â Â Â Voucher
amount limited; Oregon Student Assistance Commission duties; vouchers not
personal income; rules
348.431Â Â Â Â Tracking
system
348.433Â Â Â Â Limitation
on administrative expenditures
348.436Â Â Â Â Community
Service Voucher Fund
COOPERATION
BETWEEN
348.470Â Â Â Â Legislative
findings; cooperation between Oregon University System and community colleges
ASPIRE PROGRAMS
348.500Â Â Â Â Purpose;
goals
(Administration)
348.505    “Commission”
and “financial aid” defined
348.510Â Â Â Â Oregon
Student Assistance Commission; term; vacancy; confirmation; qualifications
348.520Â Â Â Â Duties
348.530Â Â Â Â Powers;
rulemaking authority
348.540Â Â Â Â Officers
of commission; quorum; meetings
348.550Â Â Â Â Compensation
and expenses of commission members
348.560Â Â Â Â Staff;
office space
348.563Â Â Â Â Authority
of Oregon Student Assistance Commission to require fingerprints
348.570Â Â Â Â Funds
and accounts created
348.580Â Â Â Â Agreements
with community foundations
348.590Â Â Â Â Continuous
appropriation of certain funds
348.592Â Â Â Â Loan
cancellation insurance
(Degrees)
348.594Â Â Â Â Definitions
for ORS 348.594 to 348.615
348.596Â Â Â Â Purpose
of ORS 348.594 to 348.615
348.597Â Â Â Â Applicability
of ORS 348.594 to 348.615
348.599Â Â Â Â Office
of Degree Authorization
348.601Â Â Â Â Office
of Degree Authorization Account
348.603Â Â Â Â Duties
of commission relating to degree authorization and nondegree programs; approval
of new post-secondary program or location; rules; fees
348.604Â Â Â Â Exemption
from ORS 348.594 to 348.615
348.605Â Â Â Â Restrictions
and duties of exempted schools
348.606Â Â Â Â Conferring
or offering of degree before approval obtained prohibited; fees; rules
348.607Â Â Â Â Fee
for exemption application; rules; prohibition on requirements for religious
exemption
348.608Â Â Â Â Certification
by exempt school; suspension or revocation of exemption; appeal
348.609Â Â Â Â Representation
of possession of academic degree; complaints; civil penalties; rules; fees
348.612Â Â Â Â Revocation
of approval; hearing
348.615Â Â Â Â Appeal
procedure
(Scholarship Program Tax Credit)
348.616Â Â Â Â Minimum
criteria for certification of employer program; rules
348.618Â Â Â Â Requirements
for program certification application; acceptance and rejection of application
348.621Â Â Â Â Requirements
for tax credit certification application
(Alternative Student Loan Program)
348.625Â Â Â Â Definitions
for ORS 348.570 and 348.625 to 348.695
348.630Â Â Â Â Eligible
recipients; limitations; credit check
348.635Â Â Â Â Establishment
of loan terms and conditions
348.640Â Â Â Â Administration
of loans by private lenders; repayment to state; risk of loss
348.655Â Â Â Â Issuance
of revenue bonds; amount; interest tax exempt
348.660Â Â Â Â Determination
to issue revenue bonds; duties of State Treasurer; factors to consider
348.665Â Â Â Â Laws
governing issuance of bonds; powers of State Treasurer
348.670Â Â Â Â Administrative
expenses
348.675Â Â Â Â Refunding
of bonds
348.680Â Â Â Â Validity
of bonds
348.685Â Â Â Â Covenants
in actions authorizing bonds; contents
348.690Â Â Â Â Liability
of state for bonds
348.695Â Â Â Â Rights
and remedies of bondholders and trustees
EDUCATION STABILITY FUND
(Generally)
348.696Â Â Â Â Education
Stability Fund; investment; earnings
(
348.701Â Â Â Â Definitions
for ORS 348.701 to 348.710
348.702Â Â Â Â
348.703Â Â Â Â Management
and investment of moneys in account; reporting requirement; contracts for
investment advice and other services
348.704Â Â Â Â Allocation,
withdrawal and transfer of assets in account
348.706Â Â Â Â
348.707Â Â Â Â Oregon
Growth Account Board; members; terms; compensation; powers and duties
348.710Â Â Â Â Confidentiality
of records, communications and information
(
348.716Â Â Â Â Oregon
Education Fund; use; payment of education lottery bonds
348.841Â Â Â Â Definitions
for ORS 348.841 to 348.873
348.844Â Â Â Â Policy
on higher education qualified tuition savings program
348.849Â Â Â Â Oregon
529 College Savings Board; membership
348.853Â Â Â Â Board
powers and duties; establishment of network; rules
348.856Â Â Â Â
348.857Â Â Â Â Network
participation; contribution limitations; fees
348.860Â Â Â Â Right
to direct investment of contributions or earnings; liability for loss
348.863Â Â Â Â Prohibitions
and limitations on accounts
348.867Â Â Â Â Designated
beneficiary of account; confidentiality of account information
348.869Â Â Â Â State
interest in contributions and earnings
348.870Â Â Â Â Account
withdrawals; rules; report
348.873Â Â Â Â Report
to Governor and Legislative Assembly
COORDINATION OF STATE AGENCIES
348.890Â Â Â Â Joint
Boards of Education; meeting; implementation of agreements
(Temporary
provisions relating to statewide articulation and transfer system are compiled
as notes following ORS 348.890)
348.900Â Â Â Â Needs
assessment for health care occupations; evaluation of health care education
programs
EDUCATION COMMISSION OF THE STATES
348.950Â Â Â Â Education
Commission of the States; members; dues
PENALTIES
348.992Â Â Â Â Criminal
penalty
POLICY
     348.005
Policy on student financial aid. (1) The Legislative Assembly finds that:
     (a) The State of
     (b) All Oregonians who meet the
appropriate admissions requirements should be able to attend any community
college, state institution of higher education or independent not-for-profit
institution of post-secondary education regardless of individual economic or
social circumstances;
     (c) The interests of this state are best
served when public subsidies supporting college students are distributed
fairly, equitably and consciously to ensure maximum access and choice for all
Oregonians at the least cost to the taxpayers;
     (d) Need-based student financial aid is an
effective, efficient and essential means of assisting Oregonians who are unable
to afford the full cost of higher education;
     (e) Student financial aid allows
Oregonians with limited resources to select academic programs based on their
interests, aptitudes and career goals;
     (f) Student financial aid encourages and
permits capable and promising Oregonians to persist in their education and
training within this state; and
     (g) By assisting Oregonians in this
manner, student financial aid contributes to the quality of life of each
Oregonian and to the social, cultural and economic well-being of all
Oregonians.
     (2) It is the intention of the Legislative
Assembly to establish financial assistance programs to enable qualified
Oregonians who need student aid to obtain post-secondary education in
LOANS
GENERALLY
     348.010
Higher Education Student Loan Fund; investments. (1) The Department of Higher Education shall
maintain with the State Treasurer a fund separate and distinct from the General
Fund known as the Higher Education Student Loan Fund, which shall consist of:
     (a) All moneys made available to the State
Board of Higher Education for student loan purposes by state appropriations and
by the federal government under terms of the National Defense Education Act of
1958 and amendments thereto, and under terms of the Health Professions
Educational Assistance Act of 1963 and the Nurses Training Act of 1964 and
amendments thereto;
     (b) Repayments of loans identified in
paragraph (a) of this subsection;
     (c) Interest earned on student loans
identified in paragraph (a) of this subsection; and
     (d) Earnings from investments of the
Higher Education Student Loan Fund.
     (2) All moneys in the Higher Education
Student Loan Fund are continuously appropriated to the Department of Higher
Education for the purpose of granting student loans under the terms established
by the National Defense Education Act of 1958 and amendments thereto, under
terms of the Health Professions Educational Assistance Act of 1963 and the
Nurses Training Act of 1964 and amendments thereto.
     (3) The repayment in whole or part of any
student loan made under terms of the National Defense Education Act of 1958 and
amendments thereto, under terms of the Health Professions Educational
Assistance Act of 1963 and the Nurses Training Act of 1964 and amendments
thereto, shall be made pursuant to the provisions of the applicable federal
statutes and repayment to the Higher Education Student Loan Fund shall be made
in accordance with applicable federal statutes.
     (4) Funds in the Higher Education Student
Loan Fund not needed for student loans may be invested by the State Treasurer
as other public funds are invested under ORS 293.701 to 293.820. The State
Treasurer shall credit to the Higher Education Student Loan Fund any interest
or other income derived from such investment. [Formerly 351.570; 1987 c.102 §1;
1999 c.311 §4; 2005 c.22 §243]
     348.040
Definitions for ORS 348.040 to 348.070. As used in ORS 348.040 to 348.070, unless the context requires
otherwise:
     (1) “Commission” means the Oregon Student
Assistance Commission.
     (2) “Eligible student” means a person who
is a resident of this state, as determined by the Oregon Student Assistance
Commission, at the time of application for a loan under ORS 348.040 to 348.070:
     (a) Who is enrolled in or has applied for
enrollment in a qualified school;
     (b) Who has demonstrated a satisfactory
level of achievement in the high school or other school on the record of which
the application for enrollment is based or in which the applicant is enrolled;
and
     (c) Who can show the necessity for
financial assistance in order to continue the applicantÂ’s education.
     (3) “Qualified school” means a school
within this state which is a:
     (a) Four-year, nonprofit, generally
accredited institution of higher education;
     (b) Accredited public or private community
college or education center, or one recognized by a state educational agency;
     (c) Career school that is approved by the
Superintendent of Public Instruction;
     (d) Medical or dental program offered by
the Oregon Health and
     (e) Veterinary program offered by
     (f) Institution which is, in the opinion
of the commission, comparable to such institutions, colleges, centers or
schools.
     (4) When the commission certifies that the
course is not available within this state, a qualified school may include an
institution, college, center or school not located in this state. [1965 c.532 §1;
1977 c.762 §6; 1981 c.324 §2; 1995 c.343 §33; 1999 c.704 §9]
     348.050
Student loans from Common School Fund; terms and conditions; exceptions. (1) Upon approval of the loan application of
an eligible student by the Oregon Student Assistance Commission, the Department
of State Lands may loan an amount from the Common School Fund to the student in
compliance with ORS 348.040 to 348.070. The loan shall be evidenced by a
written obligation but no additional security shall be required.
Notwithstanding any provision in this section, the department may require
cosigners on the loans.
     (2) Loans granted under ORS 348.040 to
348.070 to eligible students by the department shall:
     (a) Not exceed $1,000 in a single academic
year to an undergraduate student.
     (b) Not exceed $4,000 in a single academic
year to a graduate or professional student.
     (c) Not exceed $16,000 for all loans made
to a student under ORS 348.040 to 348.070.
     (3) Payment of interest shall be as
follows:
     (a) Medical and dental student borrowers
at the Oregon Health and
     (b) All other borrowers are required to
pay at least seven percent interest per annum on the unpaid balance from the
date of the loan as provided in subsection (4) of this section.
     (c) The Oregon Student Assistance
Commission shall pay annually to the department a maximum of three percent per
annum on the unpaid balance of all medical, dental and veterinary student
borrower loans. The rate of this special payment may vary annually and will be
negotiated by the Oregon Student Assistance Commission and the department.
     (d) The interest rates to be charged the
borrower for the school year as stated in paragraphs (a) and (b) of this
subsection shall be negotiated by the department and the Oregon Student
Assistance Commission.
     (4)(a) Repayment of the principal and
accruing and deferred interest on loans shall be commenced not later than 12
months after the studentÂ’s graduation or other termination of the studentÂ’s
education.
     (b) Notwithstanding any other provision of
this section, medical, dental and veterinary student borrowers who enter
approved post-graduate study programs shall commence repayment of the principal
and the accruing and deferred interest on loans no later than 12 months
following the completion of the post-graduate study program or 60 months,
whichever is sooner.
     (c) Repayment shall be completed in a
maximum of 120 months from the time repayment is commenced. However, nothing in
this section is intended to prevent repayment without penalty at an earlier
date than provided in this section or to prohibit the department, with the
consent of the Oregon Student Assistance Commission, from extending the
repayment period to a date other than permitted by this subsection.
     (5) Notwithstanding any other provision of
this section, the department may loan an amount from the Common School Fund to
a student under guaranteed programs authorized by the Higher Education Act of
1965, as amended, commonly known as the Guaranteed Student Loan Program and the
ParentÂ’s Loans for Undergraduate Students Program. Neither the limitations on amounts
set forth in subsection (2) of this section nor the subsidies authorized by
subsection (3) of this section apply to such loans. ORS 327.484 does not apply
to such loans. [1965 c.532 §2; 1969 c.573 §3; 1977 c.725 §1; 1977 c.762 §7;
1981 c.324 §1; 1983 c.483 §1]
     348.060 [1965 c.532 §3; repealed by 1971 c.577 §3]
     348.070
List of suitable career schools. To assist the Oregon Student Assistance Commission and the Department
of State Lands in determining the qualification of schools, the Superintendent
of Public Instruction shall maintain a listing of career schools offering
professional and technical training that meets the occupational needs of the
student. [1965 c.532 §4; 1995 c.343 §34]
     348.080 [1965 c.532 §10; repealed by 1967 c.477 §5]
     348.090
Loans guaranteed by state agency; payment of interest. In addition to and not in lieu of student
loans authorized pursuant to ORS 348.040 to 348.070, the Department of State
Lands may make loans to students who are
     348.095
Reimbursement by commission for default losses. From funds available therefor, the Oregon
Student Assistance Commission shall reimburse the Department of State Lands for
any loss resulting from default of a student loan under ORS 348.040 to 348.070.
Funds appropriated under ORS 348.050 to pay interest to the department on loans
to medical, dental and veterinary students shall also be available to reimburse
the department for any loss resulting from default of a student loan under ORS
348.040 to 348.070. [1977 c.762 §10; 1987 c.130 §1]
     348.105
Loan obligations enforceable against minor. (1) As used in this section:
     (a) “Educational institution” means any
post-secondary educational institution that is approved or accredited by the
Northwest Association of Schools and Colleges, by its regional equivalent or by
the appropriate official, department or agency of the state or nation in which
the institution is located, and that is:
     (A) A four-year college or university;
     (B) A junior college or community college;
or
     (C) A technical, professional or career
school.
     (b) “Educational loan” means a loan or
other aid or assistance for the purpose of furthering the obligorÂ’s education
at an educational institution.
     (c) “Person” means an individual,
corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal entity.
     (2) Notwithstanding any other provision of
law, any written obligation made by any minor in consideration of an
educational loan received by the minor from any person shall be as valid and
binding as if the minor had, at the time of making and executing the
obligation, attained the age of majority, but only if prior to the making of
the educational loan an educational institution has certified in writing to the
person making the educational loan that the minor is enrolled, or has been
accepted for enrollment, in the educational institution.
     (3) Any obligation mentioned in subsection
(2) of this section may be enforced in any action or proceeding against such
person in the name of the person and shall be valid, insofar as the issue of
age is concerned, without the consent thereto of the parent or guardian of such
person. Such person may not disaffirm the obligation because of age nor may
such person interpose in any action or proceeding arising out of the
educational loan the defense that the borrower is, or was, at the time of
making or executing the obligation, a minor.
     (4) Any parent or legal guardian who did
not consent to guarantee or otherwise ensure performance of the obligation
mentioned in subsection (2) of this section shall not be liable for payment of
such obligation. [Formerly 348.805; 1977 c.725 §2; 1995 c.343 §35; 2005 c.22 §244]
     348.115
Student loans for nursing programs; terms and conditions. (1) In addition to any other financial aid
provided by law, the Oregon Student Assistance Commission, pursuant to rule,
may award loans to a qualified resident of this state upon the residentÂ’s
acceptance and entry into a baccalaureate or associate degree nursing program
at a post-secondary institution in Oregon. The loans may be forgiven upon
fulfillment of the requirements of subsection (4) of this section.
     (2) The loans authorized by subsection (1)
of this section:
     (a) Shall be made based on achievement,
ability, need and motivation;
     (b) Shall be made on an annual basis
subject to renewal upon satisfactory performance for the duration of the
nursing program; and
     (c) Shall be made in annual amounts not to
exceed 50 percent of the sum of tuition, fees and room and board for each
participating student.
     (3) Priority in awarding loans shall be
given to:
     (a) A resident employed in the health care
field at the time of application; and
     (b) A resident who agrees to practice in
an area where there is a critical shortage of nurses, as determined annually by
the Oregon State Board of Nursing in consultation with the Office of Rural
Health.
     (4) The resident receiving a loan under
this section must agree to practice nursing at least half-time in an area
described in subsection (3)(b) of this section or in an area of specialty that
is underserved for one calendar year for each academic year for which the loan
is received. If the resident does not fulfill the practice requirement within
five years of graduation, the amount received shall be considered a loan,
repayable as provided in ORS 348.117, for each year for which the practice
requirement is not met. [1991 c.947 §16; 1993 c.765 §51; 1999 c.704 §10; 2001
c.599 §4]
     Note: 348.115 is repealed July 1, 2012. See
section 8, chapter 599, Oregon Laws 2001.
     348.117
Repayment of loans for nursing program; grounds for deferral. (1) Student borrowers under ORS 348.115
shall be required to pay at least seven percent interest per annum on the
unpaid balance from the date of the loan as provided in subsection (5) of this
section.
     (2) Repayment of the principal and
accruing and deferred interest on loans shall be commenced not later than 12
months after the studentÂ’s completion of the nursing program or other
termination of the studentÂ’s education.
     (3) Repayment of loans shall be deferred
upon application therefor for up to three years during which:
     (a) The student borrower is enrolled as at
least a half-time student in a subsequent nursing program leading to a nursing
degree higher than that attained in the initial program; or
     (b) The student borrower shows inability
to locate suitable employment.
     (4) Repayment commences under the usual
terms if the student borrower ceases to be employed as a nurse in this state
before completing the practice requirements set forth in ORS 348.115 (4).
     (5) Repayment shall be completed in a
maximum of 120 months from the time repayment is commenced. However, nothing in
this subsection is intended to prevent repayment without penalty at an earlier
date than provided in this subsection or to prohibit the Oregon Student
Assistance Commission from extending the repayment period to a date other than
specified by this subsection.
     (6) A student who borrows under ORS
348.115 shall have 100 percent of principal and accrued interest on loans under
this section, ORS 348.115, 353.450, 442.470, 442.520, 442.550 to 442.570 and
656.256 canceled if it can be documented that, within five years of graduation:
     (a) The student has completed one calendar
year of full-time employment as a nurse in the State of Oregon for each
academic year in which a loan was received; or
     (b) The student has completed two calendar
years of half-time employment as a nurse in the State of
     (7) A student who borrows under this
section, ORS 348.115, 353.450, 442.470, 442.520, 442.550 to 442.570 and 656.256
and completes at least one calendar year of the practice obligation described
in subsection (6) of this section shall have the amount of principal and
accrued interest on loans under this section, ORS 348.115, 353.450, 442.470
442.520, 442.550 to 442.570 and 656.256 canceled for each calendar year of
qualifying practice that is:
     (a) For full-time practice, equal to the
principal and accrued interest on the loan borrowed for the comparable academic
year of award; or
     (b) For half-time practice, equal to half
of the principal and accrued interest on the loan borrowed for the comparable
academic year of the award.
     (8) Repayment of any remaining principal
and interest shall be waived upon the death or total and permanent disability
of the student borrower. [1991 c.947 §17; 2001 c.599 §5]
     Note: 348.117 is repealed July 1, 2012. See
section 8, chapter 599, Oregon Laws 2001.
     348.120 [1987 c.896 §§24, 28; 1993 c.45 §283;
renumbered 329.757 in 1993]
     348.125 [1987 c.896 §25; 1991 c.67 §89; 1993 c.45 §284;
renumbered 329.765 in 1993]
     348.130 [1987 c.896 §26; 1989 c.159 §1; renumbered
329.775 in 1993]
     348.135 [1987 c.896 §27; 1993 c.45 §285; renumbered
329.780 in 1993]
SCHOLARSHIPS
AND GRANTS
     348.180
Definitions. As used in this
section and ORS 348.183, 348.186, 348.205, 348.230, 348.250 and 348.260:
     (1) “Cost of education” includes but is not
limited to, tuition, fees and living expenses.
     (2) “Eligible post-secondary institution”
means:
     (a) A state institution under the
direction of the State Board of Higher Education;
     (b) A community college operated under ORS
chapter 341;
     (c) The
     (d) An Oregon-based, generally accredited,
not-for-profit institution of higher education.
     (3) “Qualified student” means any resident
student who plans to attend an eligible post-secondary institution and who:
     (a) Has not achieved a baccalaureate or
higher degree from any post-secondary institution;
     (b) Is enrolled in an eligible program as
defined by rule of the Oregon Student Assistance Commission; and
     (c) Is making satisfactory academic
progress as defined by rule of the commission. [1999 c.1070 §3; 2001 c.321 §1;
2007 c.802 §1]
     Note: The amendments to 348.180 by section 1,
chapter 802, Oregon Laws 2007, first apply to the 2008-2009 academic year. See
section 7, chapter 802, Oregon Laws 2007 (second note under 348.180). The text
that applies prior to the 2008-2009 academic year is set forth for the userÂ’s
convenience.
     348.180. As used in this section and ORS 348.183,
348.186, 348.230, 348.250 and 348.260:
     (1) “Cost of education” includes but is
not limited to, tuition, fees and living expenses.
     (2) “Eligible post-secondary institution”
means:
     (a) A state institution under the
direction of the State Board of Higher Education;
     (b) A community college operated under ORS
chapter 341;
     (c) The
     (d) An Oregon-based, generally accredited,
not-for-profit institution of higher education.
     (3) “Financial need” means that the
financial capacity of both the student and the studentÂ’s family to contribute
to the cost of the studentÂ’s education is not adequate to meet the total cost
of education for any term, according to a system of need analysis approved by
the Oregon Student Assistance Commission.
     (4) “Qualified student” means any resident
student who plans to attend an eligible post-secondary institution and who:
     (a) Has not achieved a baccalaureate or
higher degree from any post-secondary institution;
     (b) Is enrolled in an eligible program as
defined by rule of the Oregon Student Assistance Commission; and
     (c) Is making satisfactory academic
progress as defined by rule of the Oregon Student Assistance Commission.
     Note: Section 7, chapter 802, Oregon Laws 2007,
provides:
     Sec.
7. (1) The amendments to ORS
348.180, 348.183, 348.205 and 348.260 by sections 1 to 4 of this 2007 Act apply
to qualified students who:
     (a) Attend an eligible post-secondary
institution for the first time on or after July 1, 2008.
     (b) Did not continuously attend an
eligible post-secondary institution prior to the 2008-2009 academic year.
     (c) Attend an eligible post-secondary
institution on or after July 1, 2011.
     (2)(a) A qualified student who
continuously attends an eligible post-secondary institution as at least a
half-time student and attended that eligible post-secondary institution during
the 2007-2008 academic year shall receive student assistance for the 2008-2009,
2009-2010 and 2010-2011 academic years based on whichever of the following
would grant the student the greater amount of student assistance:
     (A) ORS 348.180, 348.205 and 348.260 as
set forth in the 2005 Edition of Oregon Revised Statutes; or
     (B) ORS 348.180, 348.183, 348.205 and
348.260, as amended by sections 1 to 4 of this 2007 Act.
     (b) A qualified student who continuously
attends one or more eligible post-secondary institutions as at least a
half-time student and attended more than one of those eligible post-secondary
institutions during the 2007-2008 academic year shall receive student
assistance for the 2008-2009, 2009-2010 and 2010-2011 academic years based on
whichever of the following would grant the student the greater amount of
student assistance:
     (A) ORS 348.180, 348.205 and 348.260, as
set forth in the 2005 Edition of Oregon Revised Statutes; or
     (B) ORS 348.180, 348.183, 348.205 and
348.260, as amended by sections 1 to 4 of this 2007 Act.
     (c) This subsection applies only to
students who remain qualified as defined by rule of the Oregon Student
Assistance Commission. [2007 c.802 §7]
     348.183
Legislative intent. The
Legislative Assembly recognizes:
     (1) That an investment in educational
opportunities for all Oregonians is an investment in a strong and stable
economy and greater personal opportunities;
     (2) That the single largest barrier to
attending an institution of higher education is lack of finances;
     (3) That keeping higher education
affordable requires a shared effort and partnership by students, family, the
federal government, state government and private philanthropy;
     (4) The broad and diverse range of quality
post-secondary educational services provided by OregonÂ’s institutions of higher
education, including OregonÂ’s community colleges, state institutions and
independent not-for-profit institutions of higher education; and
     (5) The positive effects on
     Note:
The amendments to 348.183 by section 2, chapter 802, Oregon Laws 2007, and
section 38, chapter 858, Oregon Laws 2007, first apply to the 2008-2009
academic year. See section 7, chapter 802, Oregon Laws 2007 (second note under
348.180), and section 41, chapter 858, Oregon Laws 2007. The text that applies
prior to the 2008-2009 academic year is set forth for the userÂ’s convenience. 348.183.
(1) The Legislative Assembly recognizes:
     (a) That an investment in educational
opportunities for all Oregonians is an investment in a strong and stable
economy and greater personal opportunities;
     (b) That the single largest barrier to
attending an institution of higher education is lack of finances;
     (c) The broad and diverse range of quality
post-secondary educational services provided by OregonÂ’s institutions of higher
education, including OregonÂ’s community colleges, state institutions and
independent not-for-profit institutions of higher education; and
     (d) The positive effects on
     (2) It is the intent of the Legislative
Assembly to:
     (a) Empower students who have achieved a
Certificate of Initial Mastery with the ability to attend an
     (b) Reward all
     348.186
     (a) Commences at least half-time study
toward a degree at the eligible post-secondary institution within three years
of high school graduation; and
     (b) While a resident of
     (2) Any qualified student receiving an
Oregon Achievement Grant under subsection (1) of this section must use the
grant for the purpose of study in an eligible program, as defined by rule of
the Oregon Student Assistance Commission, at an eligible post-secondary
institution.
     (3) The Oregon Student Assistance
Commission may not award an Oregon Achievement Grant to a qualified student who
is enrolled in a course of study required for and leading to a degree in
theology, divinity or religious education.
     (4) Each Oregon Achievement Grant shall be
renewed yearly provided that the recipient has maintained satisfactory progress
toward a first associate or baccalaureate degree as determined by the Oregon
Student Assistance Commission.
     (5) Notwithstanding subsection (4) of this
section, no Oregon Achievement Grant shall be renewed after a qualified student
has reached the number of credit hours required to graduate with a
baccalaureate degree at the institution the student is attending. [1999 c.1070 §4;
2001 c.321 §2; 2007 c.858 §39]
     Note: The amendments to 348.186 by section 39,
chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the
2008-2009 school year is set forth for the userÂ’s convenience.
     348.186. (1) In addition to any other form of student
financial aid authorized by law, the Oregon Student Assistance Commission shall
award, to the extent funds are made available, an Oregon Achievement Grant to
any qualified student who:
     (a) Commences at least half-time study
toward a degree at the eligible post-secondary institution within three years
of high school graduation; and
     (b) Has received a Certificate of Initial
Mastery or, while a resident of
     (2) Any qualified student receiving an
Oregon Achievement Grant under subsection (1) of this section must use the
grant for the purpose of study in an eligible program, as defined by rule of
the Oregon Student Assistance Commission, at an eligible post-secondary
institution.
     (3) The Oregon Student Assistance
Commission may not award an Oregon Achievement Grant to a qualified student who
is enrolled in a course of study required for and leading to a degree in
theology, divinity or religious education.
     (4) Each Oregon Achievement Grant shall be
renewed yearly provided that the recipient has maintained satisfactory progress
toward a first associate or baccalaureate degree as determined by the Oregon
Student Assistance Commission.
     (5) Notwithstanding subsection (4) of this
section, no Oregon Achievement Grant shall be renewed after a qualified student
has reached the number of credit hours required to graduate with a
baccalaureate degree at the institution the student is attending.
     348.205
     (2) Under the program, the cost of
education of a qualified student shall be shared by the student, the family of
the student, the federal government and the state.
     (3) The commission shall determine the
cost of education of a qualified student based on the type of eligible
post-secondary institution the student is attending. The cost of education
equals:
     (a) For a student attending a community
college, the average cost of education of attending a community college in this
state;
     (b) For a student attending an institution
under the direction of the State Board of Higher Education, the average cost of
education of attending an institution under the direction of the board;
     (c) For a student attending a two-year
Oregon-based, generally accredited, not-for-profit institution of higher
education, the average cost of education of attending a community college in
this state; and
     (d) For a student attending the Oregon
Health and
     (4)(a) The commission shall determine the
amount of the student share. The student share shall be based on:
     (A) The type of eligible post-secondary
institution the student is attending;
     (B) The number of hours of work that the
commission determines may be reasonably expected from the student; and
     (C) The amount of loans that the
commission determines would constitute a manageable debt burden for the
student.
     (b) The student shall determine how to
cover the student share through income from work, loans, savings and
scholarships.
     (c) The student share for a student who
attends a community college may not exceed the amount that the commission
determines a student may earn based on the number of hours of work reasonably
expected from the student under paragraph (a) of this subsection.
     (d) The student share for a student who
attends an eligible post-secondary institution that is not a community college
may not exceed the sum of the amount that the commission determines a student
may receive as loans plus the amount a student may earn based on the number of
hours of work reasonably expected from the student under paragraph (a) of this
subsection.
     (5) The commission shall determine the
amount of the family share. The family share shall be based on the resources of
the family.
     (6) The commission shall determine the
amount of the federal share based on how much the student or the studentÂ’s
family is expected to receive from the federal government as grants, loans, tax
credits or other student assistance.
     (7)(a) The commission shall determine the
amount of the state share. The state share shall be equal to the cost of education
reduced by the student share, family share and amount received by the student
from the federal government.
     (b) The commission shall establish a
minimum amount that a student may receive as a state share. If the commission
determines that the amount of the state share of a student is below the minimum
amount, the student may not receive the state share.
     (c) In determining the amount of the state
share, the commission shall consider the total amount available to award as
grants to all qualified students. If the commission must reduce the amount of
the state share under this paragraph, the commission may not reduce the amount
of the state share awarded to students in the low income range in a greater
proportion than the amount that the state share for students in other income
ranges is reduced. [1971 c.735 §1; 1999 c.1070 §8; 2001 c.321 §8; 2007 c.802 §3]
     Note: The amendments to 348.205 by section 3,
chapter 802, Oregon Laws 2007, first apply to the 2008-2009 academic year. See
section 7, chapter 802, Oregon Laws 2007 (second note under 348.180). The text
that applies prior to the 2008-2009 academic year is set forth for the userÂ’s
convenience.
     348.205. It is the intention of the Legislative
Assembly to establish the Oregon Opportunity Grant program. Oregon Opportunity
Grants awarded under this program shall be a uniform percentage of the studentÂ’s
financial need as determined in ORS 348.260 (1)(b).
     Note: Sections 8 and 9, chapter 802, Oregon Laws
2007, provide:
     Sec.
8. (1) The Oregon Student
Assistance Commission shall establish a Shared Responsibility Steering
Committee to provide advice to the commission on the implementation of the
changes to the Oregon Opportunity Grant program by the amendments to ORS
348.180, 348.183, 348.205 and 348.260 by sections 1 to 4 of this 2007 Act. The
committee shall consist of 12 members appointed as follows:
     (a) The President of the Senate shall
appoint one member from among the members of the Senate.
     (b) The Speaker of the House of
Representatives shall appoint one member from among the members of the House of
Representatives.
     (c) The commission shall appoint
representatives of the following:
     (A) Oregon Independent Colleges
Association;
     (B)
     (C) A financial aid professional who is employed
by a state institution of higher education within the Oregon University System;
     (D) A financial aid professional who is
employed by a community college; and
     (E) A financial aid professional who is
employed by a private institution of higher education.
     (d) The Governor shall appoint a
representative of the Office of the Governor.
     (e) The Director of the Oregon Department
of Administrative Services shall appoint a representative of the Budget and
Management Division.
     (f) The Chancellor of the Oregon
University System shall appoint a representative.
     (g) The Commissioner for Community College
Services shall appoint a representative of the Department of Community Colleges
and Workforce Development.
     (h) The president of the Oregon Health and
     (2) The committee shall:
     (a) Analyze the risks involved in
implementing the amendments to ORS 348.180, 348.183, 348.205 and 348.260 by
sections 1 to 4 of this 2007 Act;
     (b) Make recommendations to the commission
on strategies for prevention and mitigation of those risks;
     (c) Make recommendations to the commission
on the management of moneys available to be awarded as Oregon Opportunity
Grants; and
     (d) Review and make recommendations on the
implementation methodology and timetable for:
     (A) The system for awarding grants;
     (B) The adoption of rules necessary for
implementation of the changes; and
     (C) Communication outreach about changes
to the grant program.
     (3) A majority of the members of the
committee constitutes a quorum for the transaction of business.
     (4) Official action by the committee
requires the approval of a majority of the members of the committee.
     (5) The committee shall elect one of its
members to serve as chairperson.
     (6) The term of office of each member is
four years, but a member serves at the pleasure of the appointing authority.
Before the expiration of the term of a member, the appointing authority shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately effective for the
unexpired term.
     (7) The committee shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
     (8) The committee may adopt rules
necessary for the operation of the task force.
     (9) The commission shall provide staff
support to the committee.
     (10) Members of the committee who are not
members of the Legislative Assembly are not entitled to compensation or
reimbursement for actual and necessary travel and other expenses from the
commission.
     (11) All agencies of state government, as
defined in ORS 174.111, and the Oregon Health and Science University are
directed to assist the committee 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 committee consider necessary to
perform their duties. [2007 c.802 §8]
     Sec.
9. Section 8 of this 2007
Act is repealed on January 2, 2012. [2007 c.802 §9]
     348.210
Scholarships at
     (2) The commission may award tuition and
fee-exempting scholarships to students from foreign nations who are enrolled in
state institutions of higher education. A student may not receive a scholarship
under this subsection that exceeds the amount of tuition and fees owed by the
student.
     (3) The value of scholarships awarded each
year under subsection (2) of this section may not exceed in aggregate an amount
equal to 10 percent of the amount of tuition and fees paid in the preceding
year to the Department of Higher Education by students enrolled in state
institutions of higher education who were not Oregon residents. [Formerly
351.120 and then 351.605; 1967 c.530 §6; 1971 c.735 §2; 1973 c.721 §1; 1997
c.11 §8; 2005 c.22 §245]
     348.220 [Formerly 351.610; 1967 c.530 §7; repealed
by 1971 c.735 §10]
     348.230
Scholastic grants at post-secondary institutions; qualified applicants;
renewals. (1) In addition to
any other financial aid provided by law, the Oregon Student Assistance
Commission may award to qualified residents of this state scholastic grants in
any eligible post-secondary institution.
     (2) A qualified applicant is one who has
an achievement of high intellectual standing and deportment in the school or
institution on the records of which the application is based, and who
demonstrates, to the satisfaction of the commission, that the applicant has
superior capacity to profit by post-high-school education.
     (3) If the recipient of a grant under this
section meets the standards for renewal of that grant, the grant may be
renewed, upon application of the recipient, until the recipient has received a
total of four undergraduate years under this section or until the recipient has
completed an undergraduate course of study, whichever is less.
     (4) Nothing in subsection (3) of this
section shall be construed to mean that the commission may not increase or
reduce the amount of the grant upon application for renewal.
     (5) No grant shall be made to any student
enrolled in a course of study required for and leading to a degree in theology,
divinity or religious education. [Formerly 351.620; 1971 c.735 §3; 1973 c.721 §2;
1977 c.725 §3; 1989 c.845 §1; 2001 c.321 §3]
     348.240 [Formerly 351.625; repealed by 1971 c.735 §10]
     348.250
Procedure for awarding grants under ORS 348.230 and 348.260. (1) Grants established under ORS 348.230 and
348.260 shall be awarded by the Oregon Student Assistance Commission in the
manner provided in this section.
     (2) Persons interested in obtaining a
grant established under ORS 348.230 and 348.260 may apply to the commission for
a grant.
     (3) The commission shall screen or cause
to be screened the applications and shall determine for each available grant
the person best qualified to receive that grant. A qualified applicant is eligible
to receive a grant established under ORS 348.230 and 348.260 if:
     (a) The applicant’s financial need is such
that in the opinion of the commission financial aid is warranted; and
     (b) The applicant plans to be a student at
the eligible post-secondary institution where the grant is to be used.
     (4) The commission shall not discriminate
for or against any applicant for a grant.
     (5) Nothing in ORS 348.210 to 348.260,
348.505 to 348.615, 348.696 and 348.992 shall be construed to require any
institution to admit a grant recipient or to attempt to control or influence
the policies of the institution.
     (6) Whenever funds are not available to
award grants to all qualified students, the commission shall give priority to
applicants who are or plan to be full-time students at the eligible
post-secondary institution where the grant is to be used. A student shall be
considered to be a full-time student if the combination of credit hours at more
than one eligible post-secondary institution equals full-time attendance,
according to the institution disbursing the grant funds.
     (7) As used in this section, “discriminate”
has the meaning given “discrimination” in ORS 659.850. [Formerly 351.630; 1973
c.721 §3; 1977 c.725 §4; 1993 c.45 §286; 1997 c.203 §1; 1997 c.524 §4; 2001
c.321 §4]
     348.260
     (2) The amount of a grant shall equal the
state share of a qualified studentÂ’s cost of education as determined by the
commission under ORS 348.205.
     (3) Grant funds necessary to meet matching
requirements for federal funds under the Leveraging Educational Assistance
Partnership Program and Special Leveraging Educational Assistance Partnership
Program of the United States Department of Education may also be used to award
grants to qualified students in any eligible post-secondary institution
approved by the commission.
     (4) Grants may be awarded under this
section to qualified students enrolled for any term, including summer term. The
commission may prescribe a specific date by which a student must apply to the
commission to qualify for a grant only if the commission determines that the
total amount available to award as the state share to all qualified students is
not sufficient to cover the total state share amount scheduled to be awarded to
all students.
     (5) If a qualified student receiving a
grant under this section meets the standards for renewal of the grant, the
grant may be renewed upon application until the qualified student has received
the equivalent of four full-time undergraduate years of grant funding for an
eligible program as defined by the commission.
     (6) A qualified student who receives a
grant under this section must attend the eligible post-secondary institution
upon which the grant application is based unless the commission authorizes the
grant to be used at a different eligible post-secondary institution. A
qualified student who receives a grant under this section may attend more than
one eligible post-secondary institution if the grant application was based on
the qualified student attending more than one eligible post-secondary
institution.
     (7) The commission may not make a grant to
any qualified student enrolled in a course of study required for and leading to
a degree in theology, divinity or religious education. [1971 c.735 §4; 1973
c.721 §4; 1977 c.725 §5; 1977 c.762 §8; 1987 c.175 §1; 1989 c.845 §2; 1993
c.820 §1; 1997 c.203 §2; 1999 c.1070 §11; 2001 c.321 §§5,6; 2007 c.802 §4]
     Note: The amendments to 348.260 by section 4,
chapter 802, Oregon Laws 2007, first apply to the 2008-2009 academic year. See
section 7, chapter 802, Oregon Laws 2007 (second note under 348.180). The text
that applies prior to the 2008-2009 academic year is set forth for the userÂ’s
convenience.
     348.260. (1)(a) In addition to any other form of
student financial aid authorized by law, the Oregon Student Assistance Commission
may award Oregon Opportunity Grants, to the extent funds are made available, to
qualified students who have financial need.
     (b) Eligibility, financial need and the
amount of an Oregon Opportunity Grant shall be determined annually by the
Oregon Student Assistance Commission in consultation with representatives from
the educational sectors. In determining these factors, the Oregon Student
Assistance Commission shall take into consideration available state funds,
available federal funds, the cost of education at the eligible post-secondary
institutions and the familyÂ’s ability to contribute.
     (c) Grant funds necessary to meet matching
requirements for federal funds under the Leveraging Educational Assistance
Partnership Program and Special Leveraging Educational Assistance Partnership
Program of the United States Department of Education may also be used to award
grants to qualified students in any eligible post-secondary institution
approved by the Oregon Student Assistance Commission.
     (2) Oregon Opportunity Grants may be
awarded under this section to qualified students enrolled for any term,
including summer term.
     (3) If a qualified student receiving an
Oregon Opportunity Grant under this section meets the standards for renewal of
the grant, the grant may be renewed upon application until the qualified
student has received the total of four undergraduate years of study in an
eligible program as defined by the Oregon Student Assistance Commission.
     (4) A qualified student who receives an
Oregon Opportunity Grant under this section must attend the institution,
college or school upon which the grant application is based unless the Oregon
Student Assistance Commission authorizes the grant to be used at a different
institution, college or school. A qualified student who receives a grant under
this section may attend more than one institution, college or school if the
grant application was based on the qualified student attending more than one
institution, college or school.
     (5) No Oregon Opportunity Grant shall be
made to any qualified student enrolled in a course of study required for and
leading to a degree in theology, divinity or religious education.
     (6) No Oregon Opportunity Grant awarded
under this section shall exceed 50 percent of the qualified studentÂ’s financial
need as determined by the Oregon Student Assistance Commission.
     348.265
Grants for students of
     (2) A qualified applicant for a grant
under this section is one who plans to attend the Oregon Health and Science
University but whose financial capacity and that of the applicantÂ’s family to
contribute to the educational costs are not adequate to meet such costs, as
determined by the Oregon Student Assistance Commission.
     (3) Grants may be received by a student
each year of attendance depending on the continuing need of the student for
such grant.
     (4) No grant awarded under this section
shall exceed the amount of the difference between the award year tuition and
fees assessed and the tuition and fees assessed for that program in the
academic year 1976-1977. [1977 c.762 §9; 1989 c.845 §4]
     348.270
Scholarships for children of public safety officers and former foster children. (1) In addition to any other scholarships
provided by law, the Oregon Student Assistance Commission shall award
scholarships in any state institution under the State Board of Higher
Education, in the Oregon Health and Science University, in any community
college operated under ORS chapter 341, or in any Oregon-based regionally
accredited independent institution, to any student applying for enrollment or
who is enrolled therein, who is:
     (a) The natural child, adopted child or
stepchild of any public safety officer who, in the line of duty, was killed or
so disabled, as determined by the Oregon Student Assistance Commission, that
the income of the public safety officer is less than that earned by public
safety officers performing duties comparable to those performed at the highest
rank or grade attained by the public safety officer; or
     (b) A former foster child who enrolls in
an institution of higher education as an undergraduate student not later than
three years from the date the student was removed from the care of the
Department of Human Services, the date the student graduated from high school
or the date the student received the equivalent of a high school diploma,
whichever date is earliest.
     (2) Scholarships awarded under this
section to students who are dependents of public safety officers or who are
former foster children shall equal the amount of tuition and all fees levied by
the institution against the recipient of the scholarship. However, scholarships
awarded to students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the
     (3) If the student who is the dependent of
a deceased public safety officer continues to remain enrolled in a state
institution of higher education or a community college or an independent
institution within the State of Oregon, the student shall be entitled to
renewal of the scholarship until the student has received the equivalent of
four years of undergraduate education and four years of post-graduate
education.
     (4) If the student who is a former foster
child or who is the dependent of a public safety officer with a disability
continues to remain enrolled in a state institution of higher education or a
community college or an independent institution within the State of Oregon, the
student shall be entitled to renewal of the scholarship until the student has
received the equivalent of four years of undergraduate education.
     (5) The Oregon Student Assistance
Commission may require proof of the studentÂ’s relationship to a public safety
officer described in subsection (1) of this section or proof that the student
is a former foster child.
     (6) As used in this section:
     (a) “Former foster child” means an
individual who, for a total of 12 or more months while between the ages of 16
and 21, was a ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for out-of-home
placement.
     (b) “Public safety officer” means:
     (A) A firefighter or police officer as
those terms are defined in ORS 237.610.
     (B) A member of the Oregon State Police. [1973
c.784 §1; 1977 c.725 §6; 1995 c.162 §70; 1997 c.515 §1; 2001 c.730 §1; 2007
c.70 §146]
     348.280
Determination of eligibility for scholarships under ORS 348.270; rules. The Oregon Student Assistance Commission
shall:
     (1) Determine which students are eligible
to receive scholarships under ORS 348.270.
     (2) Grant the appropriate scholarships
under ORS 348.270.
     (3) Make necessary rules for application
and distribution of the benefits available under ORS 348.270 and this section.
     (4) Establish rules and procedures
necessary to carry out the provisions of ORS 348.270 and this section,
including but not limited to the usual and customary rules for analyzing
financial need.
     (5) In awarding scholarships pursuant to
its authority under ORS 348.520, give priority to students who are eligible to
receive scholarships under ORS 348.270. [1973 c.784 §§2,3; 1997 c.515 §2; 2007
c.71 §95]
     348.282
Definitions. As used in this
section and ORS 348.283:
     (1) “Armed Forces of the
     (a) The Army, Navy, Air Force, Marine
Corps and Coast Guard of the
     (b) The reserves of the Army, Navy, Air
Force, Marine Corps and Coast Guard of the
     (c) The Oregon National Guard and a
National Guard of any other state or territory.
     (2) “Public post-secondary institution”
means:
     (a) A state institution under the
direction of the State Board of Higher Education; and
     (b) A community college operated under ORS
chapter 341.
     (3) “Veteran” means a person who served on
active duty with the Armed Forces of the
     Note: 348.282 and 348.283 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
348 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     348.283
     (a) Was discharged from the Armed Forces
of the
     (b) Is a resident of
     (c) Agrees to teach:
     (A) In an Oregon school district or public
charter school classified as serving a high poverty area for not less than
three years; or
     (B) In the area of mathematics, science or
special education for not less than four years.
     (2) An award under subsection (1) of this
section shall be used for the purpose of paying resident tuition. The
commission may not award funds under subsection (1) of this section for the
purpose of paying for books, supplies, housing, food or any other costs
associated with attending a public post-secondary institution.
     (3) The commission shall adopt rules
necessary for the implementation and administration of this section in consultation
with the Department of Education and the Department of Higher Education. [2005
c.831 §9]
     Note: See note under 348.282.
     348.290
Financial aid to study barbering, hairdressing, manicure and esthetics. The Oregon Student Assistance Commission
shall apply the interest on the amount transferred to the Oregon Student
Assistance Fund under section 4, chapter 377, Oregon Laws 1985, to provide
financial aid, as defined in ORS 348.505, to students to study barbering,
hairdressing, manicure and esthetics at eligible post-secondary schools. [1985
c.377 §3; 1987 c.31 §19; 2005 c.117 §13]
     Note: Legislative Counsel has substituted “Oregon
Student Assistance Fund” for “State Scholarship Commission Fund” in 348.290
pursuant to section 4, chapter 704, Oregon Laws 1999.
     348.300 [1973 c.791 §1; repealed by 1977 c.725 §8]
     348.305 [1969 c.624 §1; repealed by 1971 c.735 §10]
RURAL MEDICAL
EDUCATION LOANS
     348.310
Loans for medical study; rules.
(1) The Oregon Student Assistance Commission is authorized to make loans to all
qualified applicants, from the fund created in ORS 348.390 (1), to assist in
financing the cost of a program of study leading to the degree of Doctor of
Medicine or to the degree of Doctor of Osteopathic Medicine.
     (2) The Oregon Student Assistance
Commission shall:
     (a) Develop criteria for the preparation
of applications and procedures for the submission, evaluation, priority
selection and award of loans provided for in ORS 348.310 to 348.390;
     (b) Determine the number and amount of
loans and loan renewals; and
     (c) Adopt such rules as may be necessary
to implement ORS 348.310 to 348.390. [1979 c.532 §2]
     348.315 [1969 c.624 §2; repealed by 1971 c.735 §10]
     348.320
Eligibility for loans; application; written agreement. (1) A person shall be eligible for a loan
under ORS 348.310 to 348.390 if the person is:
     (a) A bona fide resident of this state;
     (b) Accepted for enrollment, or is a
student in good standing in the professional medical program at an accredited
medical school located in the United States or in an accredited school of
osteopathic medicine;
     (c) As a result of personal financial
resources, unable to pursue a program of study in the absence of a loan or
would be unable to do so without great hardship; and
     (d) Desirous of practicing medicine in a
rural community in this state, and in an area which meets the qualifications of
a medical shortage area.
     (2) The person desiring consideration for
a loan under ORS 348.310 to 348.390 shall apply to the Oregon Student
Assistance Commission.
     (3) The person desiring consideration for
a loan under ORS 348.310 to 348.390 shall agree in writing to practice medicine
in a medical shortage area as defined by the Director of Human Services, for a
period equal to the period covered by the loan, but no less than two years. [1979
c.532 §4; 1987 c.660 §17]
     348.325 [1969 c.624 §3; repealed by 1971 c.735 §10]
     348.330
Amount of loans. In addition
to any other financial aid provided by law, the Oregon Student Assistance
Commission may grant loans in the following amounts:
     (1) Persons in their first or second year
of study, or the equivalent thereof, are eligible for an amount not to exceed
$5,000 per academic year.
     (2) Persons in their third or fourth year
of study, or the equivalent thereof, are eligible for an amount not to exceed
$7,500 per academic year. [1979 c.532 §5]
     348.335 [1969 c.624 §4; repealed by 1971 c.735 §10]
     348.340
Cost-sharing community loan fund program; repayment; exception. (1) The Oregon Student Assistance Commission
is further authorized to establish and administer cost-sharing loan fund
programs which provide for assistance, in conjunction with community agencies
or organizations, selected and approved by the commission in a rural community
in the state having a population of fewer than 7,500 persons. Participation in
such a program shall be on a matching funds basis between the Rural Medical
Education Loan Fund and the approved community agency and shall fund the
educational costs, fees and charges of a specific, eligible student, who shall
be approved by the participating community and the Oregon Student Assistance
Commission.
     (2) Funds provided from the Rural Medical
Education Loan Fund under subsection (1) of this section shall not exceed 75
percent of the total amount calculated to be necessary to fund one person for
one year, in an approved school as determined by the Oregon Student Assistance
Commission.
     (3) The eligibility requirements for
persons participating in the program established in subsection (1) of this
section shall be the same as the requirements for eligibility in the loan
program under ORS 348.320.
     (4) Upon completion of the program of
study and training for licensure, the person receiving funds under this section
shall not be required to repay such funds if the person practices medicine in
the community providing the matching funds. The person shall practice medicine
one year for each year that funds were provided, but in no event shall the
person practice less than two years. [1979 c.532 §8]
     348.345 [1969 c.624 §5; repealed by 1971 c.735 §10]
     348.350
Cost-sharing hospital loan fund program; limitation; admission to family
practice programs. (1) The
Oregon Student Assistance Commission is authorized to establish and administer
a cost-sharing program to train intern and residency physicians as may be
arranged by contract with an accredited training hospital within this state.
The cost sharing shall be limited to general practice internships and family
practice residencies. The commission may pay up to $18,000 to an institution
for each intern or resident position which is reserved for training students
who are planning to enter medical practice in rural areas.
     (2) Funds for programs established under
subsection (1) of this section shall be paid from the Rural Medical Education
Loan Fund.
     (3) No money appropriated under this
section shall be used for any program at the Oregon Health and
     348.355 [1969 c.624 §6; repealed by 1971 c.735 §10]
     348.360
Renewal of loans. Each loan
granted under ORS 348.330 and 348.340 is renewable annually. The Oregon Student
Assistance Commission shall renew the loans upon application by the recipient
when the commission finds that the applicant has successfully completed the
required work for the preceding academic year and is a student in good
standing, is a resident of this state and is in a financial condition that
warrants the continuation of such aid. [1979 c.532 §6]
     348.365 [1969 c.624 §8; repealed by 1971 c.735 §10]
     348.370
Repayment of loans; interest; conditions; exemption. (1) Persons receiving funds under ORS
348.310 to 348.390 shall not be required to repay the funds if the person
practices medicine in a rural community in this state having a population of
fewer than 7,500 persons and which meets the qualifications of a medical
shortage area.
     (2) The fund recipient shall practice
medicine in the area designated under subsection (1) of this section at the
rate of one year for each year the funds were provided to that recipient, but
in no event shall any recipient practice medicine in an area less than two
years.
     (3) Any person receiving funds under ORS
348.310 to 348.390 who fails to complete the course of study, shall be required
to repay the amount received to the Rural Medical Education Loan Fund. Ten
percent interest shall be charged on the unpaid balance, accrued from the date
the loan was granted.
     (4) Any person receiving funds under ORS
348.310 to 348.390 who completes the course of study and requirements for
licensure but fails to fulfill the obligations required by the loan, shall
repay the amount received to the Rural Medical Education Loan Fund. Ten percent
interest shall be charged on the unpaid balance, accrued from the date the loan
was granted. Additionally, a penalty fee, equal to 25 percent of the total
amount of funds received shall be assessed against the person. No interest
shall accrue on the penalty.
     (5) Any funds received by the Rural
Medical Education Loan Fund under subsections (3) to (6) of this section shall
be used by the Oregon Student Assistance Commission for the purpose of carrying
out the provisions of ORS 348.310 to 348.390.
     (6) The Oregon Student Assistance
Commission may waive any interest or penalty assessed under subsections (3) to
(6) of this section in case of undue hardship. [1979 c.532 §§7,9]
     348.375 [1969 c.624 §9; repealed by 1971 c.735 §10]
     348.380 [1979 c.532 §3; 1987 c.660 §18; repealed by
1993 c.742 §34]
     348.390
Rural Medical Education Loan Fund; sources; use. (1) There is established in the State
Treasury a fund, separate and distinct from the General Fund, to be known as
the Rural Medical Education Loan Fund, which may be invested in the same manner
as the Oregon Student Assistance Fund. This fund may receive funds from state
and private sources for the purpose of making loans to student residents of
this state who are determined to be eligible to receive funds under ORS 348.310
to 348.390. Interest earned by the fund shall be credited to the fund.
     (2) All funds for and relating to loans
received by the Oregon Student Assistance Commission, including repayments,
interest and penalties, for the Rural Medical Education Loan Fund, except
moneys appropriated from the State Treasury for a specified period of time, are
continuously appropriated to the Rural Medical Education Loan Fund for the
purposes for which the fund was created. [1979 c.532 §§1,12; 1989 c.966 §31]
     348.393 [1995 c.179 §2; repealed by 2007 c.426 §7]
SPEECH-LANGUAGE
PATHOLOGIST GRANTS AND STIPENDS
     348.394
Definitions for ORS 348.394 to 348.406. As used in ORS 348.394 to 348.406:
     (1) “Eligible post-secondary institution”
means:
     (a) A state institution under the
direction of the State Board of Higher Education listed in ORS 352.002;
     (b) A community college as defined in ORS
341.005; or
     (c) A generally accredited, not-for-profit
institution of higher education.
     (2) “Participant” means a student who
receives a grant under ORS 348.401. [2007 c.839 §21]
     Note: 348.394 to 348.406 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
348 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     348.395 [1995 c.179 §4; repealed by 2007 c.426 §7]
     348.397 [1995 c.179 §5; 1997 c.174 §1; repealed by
2007 c.426 §7]
     348.398
Department of Education authority; grants; stipends; rules. (1) The Department of Education shall
establish a program to increase the number of speech-language pathologists and
speech-language pathology assistants in
     (2) Through the program the department may
award:
     (a) Grants to students studying to become
licensed speech-language pathologists or certified speech-language pathology
assistants as provided in ORS 348.401; and
     (b) Stipends to licensed speech-language
pathologists who are employed by education service districts or school
districts and provide training to participants.
     (3) The State Board of Education may adopt
any rules necessary for the administration of ORS 348.394 to 348.406. [2007
c.839 §22]
     Note: See note under 348.394.
     348.399 [1995 c.179 §7; 1997 c.174 §2; repealed by
2007 c.426 §7]
     348.401
Grant eligibility; amount; employment requirement. (1) To be eligible for participation in the
program under ORS 348.394 to 348.406, a student must:
     (a) Be registered as a student in an
eligible post-secondary institution;
     (b) Agree to receive training as a student
under the supervision of a staff person employed by an education service
district or a school district;
     (c) Agree to be employed in Oregon for a
minimum of two years as a speech-language pathologist or speech-language
pathology assistant within the education service district where the participant
received training as a student;
     (d) Agree to pay back any amount received
by the participant as a grant if the participant does not meet the employment
requirement of the program; and
     (e) Meet other requirements placed on the
participant by the Department of Education.
     (2) The Department of Education shall
award to each participant selected by the department for participation in the
program:
     (a) A grant in an amount that is up to
$2,000 per academic year for participants who are registered in programs to
become speech-language pathology assistants; and
     (b) A grant in an amount that is up to
$9,000 per academic year for participants who are registered in programs to
become speech-language pathologists.
     (3) Notwithstanding subsection (2) of this
section, a participant may not receive a grant under this section that is in an
amount that is greater than the tuition costs of the participant.
     (4) A participant shall complete the
employment requirement specified under subsection (1) of this section not later
than three years after the date the participant graduates from the program. The
department may grant a participant additional time to complete the employment
requirement as follows:
     (a) For the period of enrollment if a
participant returns to school on a full-time basis in any course of study at an
eligible post-secondary institution; and
     (b) For a period determined by the State
Board of Education for other reasons allowed by the board.
     (5) If a participant does not meet the
employment requirement, the participant must pay back any amount received by
the participant as a grant under the program. The department shall deposit any
moneys received under this subsection in the Speech-Language Pathologist
Training Fund. [2007 c.839 §23]
     Note: See note under 348.394.
     348.403
Stipend eligibility; amount.
(1) The Department of Education may award stipends to licensed speech-language
pathologists who are employed by education service districts or school
districts and who provide training to participants.
     (2) The department may award to a licensed
speech-language pathologist:
     (a) A stipend in an amount that may be up
to $400 per participant for providing training to the participant to become a licensed
speech-language pathologist.
     (b) A stipend in an amount that may be up
to $200 per participant for providing training to the participant to become a
certified speech-language pathology assistant. [2007 c.839 §24]
     Note: See note under 348.394.
     348.405 [1989 c.227 §2; 1993 c.322 §1; 1999 c.704 §11;
repealed by 2007 c.426 §7]
     348.406
Speech-Language Pathologist Training Fund.
(1) The
Speech-Language Pathologist Training Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the
Speech-Language Pathologist Training Fund shall be credited to the fund. Moneys
in the fund are continuously appropriated to the Department of Education for
the purpose of awarding grants and stipends under ORS 348.394 to 348.406.
     (2) The department may seek grants and
donations to provide funding for the program. The department shall deposit any
moneys received under this subsection in the fund. [2007 c.839 §25]
     Note: See note under 348.394.
     348.410 [1989 c.227 §1; 1993 c.322 §2; 1999 c.704 §12;
repealed by 2007 c.426 §7]
     348.415 [1989 c.227 §§3,4,8; 1993 c.322 §3; repealed
by 2007 c.426 §7]
     348.420 [1989 c.227 §§5,7,9; 1993 c.322 §4; repealed
by 2007 c.426 §7]
     348.425 [1989 c.227 §6; repealed by 2007 c.426 §7]
COMMUNITY
SERVICE VOUCHER PROGRAM
     348.427
Voucher program established; amount; recipient eligibility. (1) To encourage community service
participation among students in institutions of higher education, there is
established a higher education community service voucher program within the
Oregon Student Assistance Commission. The commission shall allocate the amount
available to it for the purposes under ORS 348.427 to 348.436 by awarding the
institutionÂ’s share of the amount to each institution of higher education in
this state that is eligible for or whose students are eligible for financial
aid under Title IV, Part B, of the Higher Education Act of 1965 as amended. The
institutionÂ’s share shall be based on the proportion of its enrollment of
full-time students to the enrollment of full-time students in all institutions
of higher education in this state.
     (2) An institution of higher education in
this state that receives an amount under subsection (1) of this section shall
award amounts from the institutionÂ’s share to various academic departments in
the institution. Vouchers awarded to eligible voucher recipients shall be in
$35 denominations for each eight hours of eligible community service. Priority
shall be given to otherwise eligible applicants who have applied previously but
not been awarded a place in the voucher program.
     (3) In order to be eligible, a voucher
recipient must perform approved services for at least 20 hours per week in one
term for a state or local government entity or a nonprofit social service
agency recognized as tax-exempt under section 501(c)(3) of the Internal Revenue
Code of 1986. However, a voucher recipient shall not be assigned duties that
are performed by a public employee if the assignment would displace the public
employee. A voucher recipient may be assigned within the institution to assist
in maintaining the program authorized by ORS 348.427 to 348.436.
     (4) A voucher recipient is eligible for
the voucher awards for only one term as an undergraduate student. In addition to
the vouchers, the recipient shall receive graded academic credit to be
determined by the institution. However, participation in the program does not
replace any practicum or internship required for a degree. [1993 c.765 §40;
1999 c.704 §13]
     348.429
Voucher amount limited;
     (2) The total of all vouchers earned by a
student under this section in one term shall not exceed an amount equal to the
average tuition and associated fees charged annually to full-time resident
undergraduate students by institutions under the jurisdiction of the State
Board of Higher Education.
     (3) Vouchers shall be provided in $35
denominations for each eight hours of eligible community service.
     (4) The commission shall:
     (a) Determine and approve which community
service organizations and services within the programs of such organizations
are eligible for participation in the program.
     (b) Accept the students that the
institutions consider eligible for vouchers under ORS 348.427 to 348.436.
     (c) Provide payment for vouchers presented
by the program students at eligible institutions.
     (d) Establish procedures necessary to
carry out the provisions of ORS 348.427 to 348.436, including adopting
necessary rules.
     (5) Funds received in redemption of the
vouchers granted pursuant to ORS 348.427 to 348.436 shall not be considered
personal income for the purposes of ORS 316.037.
     (6) The vouchers authorized by ORS 348.427
to 348.436 shall first become available when funds are available therefor from
sources other than the General Fund, as determined by the commission. [1993
c.765 §41]
     348.431
Tracking system. Each
institution of higher education participating in this program shall develop a
tracking system for the program authorized under ORS 348.427 to 348.436. The
tracking system shall include, but not be limited to:
     (1) The number of eligible students
participating in the program;
     (2) The number of students applying for
participation in the program;
     (3) The community service organizations
and governmental agencies participating in the program; and
     (4) The amount of funds allocated to each
academic area under the program. [1993 c.765 §42(1)]
     348.433
Limitation on administrative expenditures. (1) No more than five percent of the funds available for purposes of
ORS 348.427 to 348.436 shall be used by the state for the administrative
expenditures of the program. Administrative expenditures do not include
premiums paid for workersÂ’ compensation benefits.
     (2) An institution of higher education may
use an amount not to exceed four percent of the funds available under ORS
348.427 to 348.436 to meet its expenses in administering the program. [1993
c.765 §43]
     348.436
Community Service Voucher Fund.
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Community Service Voucher Fund, which may
be invested in the same manner as the Oregon Student Assistance Fund. This fund
may receive moneys from federal, state or private sources for the purpose of
providing payment for the redemption of vouchers authorized by ORS 348.427 to
348.436 and for the administration of the community service voucher program.
This fund, including the interest earnings thereon, if any, is continuously
appropriated to the Oregon Student Assistance Commission for those purposes for
which such funds were provided to or received or collected by the commission. [1999
c.243 §2]
     348.450 [1978 c.1 §1; 1995 c.343 §36; renumbered
344.257 in 1995]
     348.460 [1978 c.1 §2; 1995 c.343 §37; renumbered
344.259 in 1995]
COOPERATION
BETWEEN
     348.470
Legislative findings; cooperation between
     (1) It is the policy of this state to
encourage cooperation between the Oregon University System and community
colleges on issues affecting students who transfer between the two segments;
and
     (2) All unnecessary obstacles that
restrict student transfer opportunities between the two segments shall be
eliminated. [1987 c.375 §1]
ASPIRE
PROGRAMS
     348.500
Purpose; goals. (1) The
Oregon Student Assistance Commission may establish Access to Student Assistance
Programs in Reach of Everyone (ASPIRE) to provide information about financial
aid and education and training options beyond high school to students in Oregon
secondary schools. The goals of the programs are to:
     (a) Provide mentoring and resources to
help students access education and training beyond high school;
     (b) Help high schools build a sustainable
community of volunteer mentors; and
     (c) Educate students and families about
the scholarship application process and other options for paying for
post-secondary education.
     (2) The programs shall bring together
students, school staff, community volunteers and parents to help students
overcome obstacles to their continuing education. The programs may provide
training, technical assistance and other resources to
(Administration)
     348.505
“Commission” and “financial aid” defined. As used in ORS 348.500 to 348.695:
     (1) “Commission” means the Oregon Student
Assistance Commission.
     (2) “Financial aid” includes loans,
grants, scholarships, work opportunities and other forms of financial aid to
assist students in completing their post-high-school education. [1967 c.430 §2;
1997 c.652 §33; 1999 c.704 §14; 2007 c.426 §1]
     348.510
     (2) The term of office of a member of the
commission is four years, except that the term for a student member shall be
two years, and, after confirmation of the appointment by the Senate, the member
shall serve at the pleasure of the Governor. Before the expiration of the term
of a member, the Governor shall appoint a successor to succeed the member whose
term is expiring. A successor appointed for a full term shall assume commission
member duties on July 1 following the appointment. A member is eligible for
reappointment. A student member is limited to reappointment to one two-year
term. In case of a vacancy on the commission for any cause, except where the
vacancy is caused by the normal expiration of a memberÂ’s term, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
     (3) The appointment of a member of the
commission is subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
     (4) Two members of the commission shall be
students at institutions of higher education or community colleges in
     348.520
Duties. The Oregon Student
Assistance Commission shall:
     (1) Make available to qualified persons
financial aid from financial sources available to the commission.
     (2) Determine qualifications of persons to
receive financial aid.
     (3) Maintain reports and records on
persons applying for and receiving financial aid from the commission.
     (4) Withhold any financial aid if the
recipient thereof fails to maintain the standards established for receipt of
that aid.
     (5) Recommend to the Legislative Assembly
not less than once every biennium matters relating to the establishment,
administration, modification, transfer, reduction or cancellation of financial
aid.
     (6) Prior to implementing changes to the
Oregon Opportunity Grant program, report to the Legislative Assembly or the
Emergency Board any proposed change:
     (a) That increases or decreases the total
amount awarded as Oregon Opportunity Grants that was approved as part of the
budget enacted by the Legislative Assembly for the commission; and
     (b) To the methodology used to determine
the student share, family share or state share under ORS 348.205.
     (7) Encourage the establishment of
financial aid programs by private agencies.
     (8) Collect and disseminate information
pertaining to all types of available financial aid.
     (9) Review the administrative practices
and evaluate the effectiveness of all public and private post-secondary
financial aid programs in
     (10) Disburse state appropriations for
financial aid in such a manner as to maximize its role in cooperative
coordination of financial aid programs. [Formerly 351.640; 1967 c.430 §4; 1973
c.815 §4; 1997 c.652 §34; 2007 c.802 §5]
     348.530
Powers; rulemaking authority.
The Oregon Student Assistance Commission may:
     (1) Negotiate for and contract with private
and governmental agencies for the establishment of financial aid programs.
     (2) Receive gifts of any type, including
gifts of stock and real property, for the purpose of establishing, continuing
and increasing financial aid.
     (3) Administer any form of financial aid
submitted to and accepted for administration by the commission.
     (4) Authorize payment from funds
appropriated therefor, of costs, commissions, attorney fees and other
reasonable expenses, including refund of overpayment of fees, which are related
to and necessary for making and protecting guaranteed loans and recovering
moneys and loans and management of property acquired in connection with such
loans.
     (5) Sue and be sued.
     (6) Pursuant to ORS chapter 183, adopt
such rules as may be necessary to carry out the provisions of ORS 348.040 to
348.280, 348.500 to 348.695 and 348.992.
     (7) Cooperatively coordinate all types of
financial aid activities.
     (8) Establish a State of
     (9) Guarantee loans by eligible lending
institutions to students who are enrolled or accepted for enrollment at any
eligible institution and parents of those students, under the provisions of the
Higher Education Act of 1965 as amended.
     (10) Deny financial aid to any student
owing a refund or in default on financial aid previously made available to that
student.
     (11) Establish and implement any program
permitted under federal law to guaranty agencies, including administrative
garnishment and wage withholding under Public Law 102-164, section 605. [Formerly
351.645; 1967 c.430 §5; 1973 c.721 §5; 1977 c.725 §9; 1981 c.209 §1; 1987 c.48 §1;
1995 c.179 §8; 1997 c.652 §35; 2003 c.360 §1; 2007 c.426 §2]
     Note: The amendments to 348.530 by section 2,
chapter 360, Oregon Laws 2003, become operative June 30, 2009, and apply to
loans that are disbursed on or after June 30, 2009. See sections 3 and 7,
chapter 360, Oregon Laws 2003. The text that is operative on and after June 30,
2009, including amendments by section 3, chapter 426, Oregon Laws 2007, is set
forth for the userÂ’s convenience.
     348.530. The Oregon Student Assistance Commission
may:
     (1) Negotiate for and contract with
private and governmental agencies for the establishment of financial aid
programs.
     (2) Receive gifts of any type, including
gifts of stock and real property, for the purpose of establishing, continuing
and increasing financial aid.
     (3) Administer any form of financial aid
submitted to and accepted for administration by the commission.
     (4) Authorize payment from funds
appropriated therefor, of costs, commissions, attorney fees and other
reasonable expenses, including refund of overpayment of fees, which are related
to and necessary for making and protecting guaranteed loans and recovering
moneys and loans and management of property acquired in connection with such
loans.
     (5) Sue and be sued.
     (6) Pursuant to ORS chapter 183, adopt such
rules as may be necessary to carry out the provisions of ORS 348.040 to
348.280, 348.500 to 348.695 and 348.992.
     (7) Cooperatively coordinate all types of
financial aid activities.
     (8) Establish a State of
     (9) Guarantee loans by eligible lending
institutions to student residents of the State of Oregon who are enrolled or
accepted for enrollment at any eligible institution, nonresident students
enrolled or accepted for enrollment in an institution of higher education or
community college in Oregon, and parents of those students, under the
provisions of the Higher Education Act of 1965 as amended.
     (10) Deny financial aid to any student
owing a refund or in default on financial aid previously made available to that
student.
     (11) Establish and implement any program
permitted under federal law to guaranty agencies, including administrative
garnishment and wage withholding under Public Law 102-164, section 605.
     348.540
Officers of commission; quorum; meetings. (1) The Oregon Student Assistance Commission shall select one of its
members as chairperson, and another as vice chairperson, for such terms and
with such powers and duties necessary for the performance of the functions of
such offices as the commission shall determine.
     (2) A majority of the commission
constitutes a quorum for the transaction of business.
     (3) The commission shall meet at the call
of the chairperson or of a majority of the members of the commission. [Formerly
351.650]
     348.550
Compensation and expenses of commission members. A member of the Oregon Student Assistance
Commission is entitled to compensation and expenses as provided in ORS 292.495.
[Formerly 351.655; 1969 c.314 §24]
     348.560
Staff; office space. Subject
to any applicable provisions of the State Personnel Relations Law, the Oregon
Student Assistance Commission may employ and fix the compensation of any
employees it deems necessary for the effective conduct of the work under its
charge. The commission may also arrange with the Oregon University System for
use of staff and office space under the jurisdiction of the Oregon University
System. [Formerly 351.660]
     348.563
Authority of
     (1)(a) Is employed or applying for
employment by the commission; or
     (b) Provides services or seeks to provide
services to the commission as a contractor or volunteer; and
     (2) Is, or will be, working or providing
services in a position:
     (a) In which the person has direct access
to facilities where students reside or to persons under 18 years of age,
elderly persons or persons with disabilities;
     (b) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
     (c) In which the person has access to
information, the disclosure of which is prohibited by state or federal laws,
rules or regulations or information that is defined as confidential under state
or federal laws, rules or regulations; or
     (d) That has payroll functions or in which
the person has responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to property
held in trust or to private property in the temporary custody of the state. [2005
c.730 §70]
     Note: 348.563 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 348 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     348.570
Funds and accounts created. (1)
There is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Oregon Student Assistance Fund for
investment as provided by ORS 293.701 to 293.820 and for the payment of the
expenses of the Oregon Student Assistance Commission in carrying out the
purposes of ORS 348.210 to 348.250, 348.505 to 348.615, 348.696 and 348.992.
Interest earned by the fund shall be credited to the fund.
     (2) There is established in the State
Treasury a fund, separate and distinct from the General Fund, to be known as
the Alternative Student Loan Program Fund for investment as provided by ORS
293.701 to 293.820 and for the payment of expenses of the commission in
carrying out the purposes of ORS 348.625 to 348.695. This fund, including the
interest earnings on the fund, if any, is continuously appropriated to the
commission for those purposes for which such funds were provided to, received
or collected by the commission.
     (3)(a) There is established in the General
Fund an account to be known as the Nursing Services Account. Funds in the
account shall be used for the payment of expenses of the Nursing Services
Program created in ORS 442.540.
     (b) The account shall consist of:
     (A) Funds appropriated to the Oregon
Student Assistance Commission for deposit into the account;
     (B) Collections and penalties received by
the commission under ORS 442.545; and
     (C) Any donations or grants received by
the commission for purposes of the Nursing Services Program.
     (c) Any funds in the account that are not
expended in any biennium shall be retained in the account and may be expended
in the next biennium.
     (4) There is established in the State
Treasury a fund, separate and distinct from the General Fund, to be known as
the Former Foster Youth Scholarship Fund. Moneys received from appropriations,
donations and grants shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Oregon Student Assistance Commission for the
purposes of investment, as provided by ORS 293.701 to 293.820, and for carrying
out the provisions of ORS 348.270 (1)(b). Interest earned by the fund shall be
credited to the fund.
     (5) There is established in the State
Treasury a fund, separate and distinct from the General Fund, to be known as
the ASPIRE Program Fund. Moneys received from donations and grants shall be
credited to the ASPIRE Program Fund. Moneys in the fund are continuously
appropriated to the Oregon Student Assistance Commission for the purposes of
investment, as provided by ORS 293.701 to 293.820, and for carrying out the
provisions of ORS 348.500. Interest earned by the fund shall be credited to the
fund. [Formerly 351.665; 1967 c.335 §41; 1967 c.430 §§6, 7; 1969 c.573 §4; 1975
c.520 §5; 1977 c.725 §10; 1981 c.209 §2; 1983 c.639 §1; 1987 c.48 §2; 1987
c.842 §18; 1989 c.966 §32; 1997 c.524 §5; 1999 c.704 §3; 2001 c.599 §6; 2001
c.730 §2; 2003 c.360 §§4,5; 2007 c.293 §§3,4; 2007 c.426 §§4,5]
     348.575 [1969 c.573 §2; 1983 c.639 §2; 1985 c.565 §62;
repealed by 2007 c.426 §7]
     348.580
Agreements with community foundations. (1) Subject to the terms of the governing instruments and applicable
law, the Oregon Student Assistance Commission may enter into agreements with
one or more community foundations in
     (2) All gifts or scholarship grant funds
received by the commission that are not transferred to community foundations
pursuant to subsection (1) of this section shall be placed in the hands of the
State Treasurer, who is designated as the custodian thereof and who may hold,
in the manner provided by law, the principal and interest on the gifts and
grants. Funds may be withdrawn periodically by the commission to provide for
administrative expenditures and make payments upon scholarships awarded by the
commission.
     (3) As used in this section, “community
foundation” means an organization that is:
     (a) A community trust or foundation within
the meaning of section 170 of the Internal Revenue Code of 1986 and section
1.170A-9(e)(10) of the Treasury Regulations thereunder;
     (b) Exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code of 1986; and
     (c) Not a private foundation within the
meaning of section 509 of the Internal Revenue Code of 1986. [Formerly 351.670;
1967 c.335 §42; 1987 c.394 §6; 1993 c.258 §1; 1995 c.12 §5; 1997 c.524 §1]
     348.590
Continuous appropriation of certain funds. All funds for and relating to student aid programs received by the
Oregon Student Assistance Commission pursuant to federal grant or from any
other source, except moneys appropriated from the State Treasury for a
specified period of time, hereby are continuously appropriated to the
commission for the purposes for which such funds were provided and received by
the commission. [Formerly 351.672; 1987 c.394 §7]
     348.592
Loan cancellation insurance.
(1) The Oregon Student Assistance Commission may obtain loan cancellation
insurance for any person holding a loan under this section and ORS 348.505 to
348.530 and 348.570.
     (2) Such insurance shall insure the life
of the student who borrows under this section and ORS 348.505 to 348.530 and
348.570 for the amount of the principal and interest due on the loan and the
State of
     (3) The Oregon Department of
Administrative Services shall procure bids for the purchasing of insurance in
compliance with the laws governing the purchase and furnishing of services to state
agencies. [Formerly 348.620]
     Note: 348.592 was added to and made a part of
348.500 to 348.695 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
(Degrees)
     348.594
Definitions for ORS 348.594 to 348.615. As used in ORS 348.594 to 348.615:
     (1)(a) “Diploma mill” means:
     (A) A school against which a court or
public body, as defined in ORS 174.109, has issued a ruling or finding, after
due process procedures, that the school has engaged in dishonest, fraudulent or
deceptive practices related to the award of degrees, academic standards or
student learning requirements; or
     (B) An entity without legal authority as a
school to issue degrees valid as credentials in the jurisdiction that
authorizes issuance of degrees.
     (b) “Diploma mill” does not include:
     (A) A school operating legally under ORS
348.604; or
     (B) A school that is actively seeking and
able to show evidence of reasonable progress toward regional accreditation with
one of the regional post-secondary accrediting bodies recognized by the United
States Department of Education.
     (2) “School” means a person, organization,
school or institution of learning that confers or offers to confer an academic
degree upon a person or to provide academic credit applicable to a degree. [1997
c.652 §8; 1999 c.59 §93; 2005 c.546 §8; 2007 c.325 §1]
     348.596
Purpose of ORS 348.594 to 348.615. It is the purpose of ORS 348.594 to 348.615 to provide for the
protection of the citizens of
     348.597
Applicability of ORS 348.594 to 348.615. ORS 348.594 to 348.615 do not apply to:
     (1) An
     (2) A state institution of higher
education within the Oregon University System;
     (3) The
     (4) A school that has conferred degrees
under the same control for five years in Oregon from at least one operationally
separate unit accredited as a separate institution by a regional accrediting
association or its national successor;
     (5) A school that, on the date preceding
July 15, 2005, was a school described in ORS 348.594 (2)(d); or
     (6) A school that is exempt from ORS
348.594 to 348.615 under ORS 348.604. [2005 c.546 §1; 2007 c.325 §4]
     Note: 348.597, 348.604, 348.605, 348.607 and
348.608 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 348 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
     348.599
Office of Degree Authorization.
The Office of Degree Authorization is created within the Oregon Student Assistance
Commission. The commission shall appoint an administrator of the office. [1997
c.652 §7; 1999 c.704 §15]
     348.600 [Formerly 351.675; repealed by 1977 c.725 §11]
     348.601
Office of Degree Authorization Account. The Office of Degree Authorization Account is established separate and
distinct from the General Fund. All moneys received by the office, other than
appropriations from the General Fund, shall be deposited into the account and
are continuously appropriated to the Oregon Student Assistance Commission to
carry out the duties, functions and powers of the office. [2003 c.674 §5]
     348.603
Duties of commission relating to degree authorization and nondegree programs;
approval of new post-secondary program or location; rules; fees. (1) The Oregon Student Assistance
Commission, through the Office of Degree Authorization, shall:
     (a) Authorize approved schools to offer
academic degree programs;
     (b) Authorize approved degree-granting
schools to offer nondegree programs leading to a certificate or diploma;
     (c) Validate claims of degree possession;
     (d) Terminate substandard or fraudulent
degree activities;
     (e) Terminate activities of diploma mills
operating in or from
     (f) Except as provided in subsection (4)
of this section, terminate the operation in or from Oregon of post-secondary
accrediting bodies that are not recognized by the United States Department of
Education or by the commission; and
     (g) Review proposed new publicly funded
post-secondary programs and locations.
     (2)(a) Following review of a proposed new
publicly funded post-secondary program or location, the commission shall
recommend resolution to the appropriate governing boards and mediate between
the boards to seek a negotiated resolution if:
     (A) There is a detrimental duplication of
programs; or
     (B) The program or location would have a
significantly adverse impact on one or more other segments of education.
     (b) If the boards do not resolve the issue
raised under paragraph (a) of this subsection within 90 days of the date when
the issue was recommended to the boards for mediation, the commission shall
have final authority for approval or disapproval of the program or location. If
the boards do not resolve the issue, the commission shall approve or disapprove
the program or location within 180 days of the date when the review began.
     (c) If the boards do not resolve the
issue, the commission shall approve the program or location if the commission
finds that the program or location meets an unmet workforce need in the state.
     (d) The commission shall establish by rule
a fair and neutral decision-making process in consultation with representatives
designated by the State Board of Education, the State Board of Higher
Education, associations representing Oregon independent colleges, associations
representing Oregon career colleges, and the governing boards of otherwise
unrepresented post-secondary schools.
     (3) The commission, by rule, may impose a
fee on any school or person requesting information from the commission. The
amount of the fee shall be established to recover designated expenses incurred
by the commission in carrying out the administration of ORS 348.594 to 348.615.
Any fees collected under this subsection shall be deposited in the Office of
Degree Authorization Account established under ORS 348.601.
     (4) Subsection (1)(f) of this section does
not apply to a body the role of which is to accredit schools that offer only
associate, bachelorÂ’s or masterÂ’s degrees with titles in theology or religious
occupations or, if the schools also offer doctoral degrees, offer doctoral
degrees only in theology or religious occupations that have been approved by a
federally recognized accrediting organization. [1997 c.652 §10; 2001 c.454 §2;
2003 c.674 §1; 2007 c.325 §2]
     348.604
Exemption from ORS 348.594 to 348.615. Upon application from a school, as defined in ORS 348.594, the Oregon
Student Assistance Commission, through the Office of Degree Authorization,
shall grant an exemption from ORS 348.594 to 348.615 to the school if the
school:
     (1) Is, or is operated by, a nonprofit
corporation;
     (2) Offers only associate, bachelor’s or
masterÂ’s degrees with titles in theology or religious occupations, or, if the
school also offers doctoral degrees, offers doctoral degrees in theology or
religious occupations that have been approved by a federally recognized
accrediting organization;
     (3) Teaches students with faculty members
who:
     (a) Hold degrees:
     (A) From a school that, at the time of the
conferral of the degrees, was accredited by a federally recognized accrediting
organization, held an exemption under this section, or was a school described
in ORS 348.594 (2)(d) on the date preceding July 15, 2005;
     (B) That are at least one level above the
degree level of the program in which the faculty members teach or that are the
terminal degrees in the field in which the faculty members teach; and
     (C) That are not honorary degrees; or
     (b) Possess sufficient compensatory
qualifications to substitute for academic degrees in the fields in which the
faculty members teach;
     (4) Offers a curriculum:
     (a) Of a duration and level that is
comparable to the curriculums offered by schools that are not exempt under this
section; and
     (b) That, with higher degrees, increases
the difficulty of the work expected of students;
     (5) Requires students to complete academic
assignments and to demonstrate learning appropriate to the curriculum;
     (6) Awards credit toward degrees
proportionate to the work done by students;
     (7) Offers admission:
     (a) To a student:
     (A) With a high school diploma or an
equivalent credential; or
     (B) Who completed the equivalent of a high
school education through home study; and
     (b) Based on evidence that the student can
reasonably expect to complete a degree and benefit from the education offered;
     (8) Provides or arranges for faculty
members and students to have access to information that supports instruction
and stimulates research or independent study in all areas of the curriculum;
     (9) Provides accurate and appropriate
credit transcripts to students of the school and accurate and appropriate
diplomas to graduates of the school;
     (10) Charges tuition by the credit hour or
other fixed rate for instruction during an academic term and does not charge
tuition or fees for the award of a degree or charge a single fee for an entire
degree program;
     (11) Provides the oversight required by
the commission through the office over a faculty member or administrator who
has:
     (a) Been convicted of a felony; or
     (b) Violated a state or federal law
related to the operation of a school;
     (12) Provides facilities that permit
private communication between faculty members and students;
     (13) Provides a number of faculty members
that is adequate for the number of students enrolled;
     (14) Provides clear and accurate
information to students about the schoolÂ’s expectations of students in the
schoolÂ’s courses;
     (15) Ensures that a student who is
pursuing a degree is making continuous progress toward the degree;
     (16) Before a student enrolls in the
school, informs the student that a school to which the student might transfer
retains the discretion whether to accept the transfer of credits earned at the
school;
     (17) Provides official transcripts of
faculty members to the office; and
     (18) Pays the fee imposed by ORS 348.607. [2005
c.546 §2]
     Note: See note under 348.597.
     348.605
Restrictions and duties of exempted schools. (1) A school that obtains an exemption under ORS 348.604 or that, on
the date preceding July 15, 2005, was a school described in ORS 348.594 (2)(d)
may not:
     (a) Award more than 25 percent of the
credit toward a degree for noninstructional activities, such as challenge
examinations and professional or life experiences;
     (b) Represent that the school is:
     (A) Approved by the State of
     (B) Accredited by an organization unless
the organization is recognized as an accreditor by the United States Department
of Education; or
     (c) Pay a faculty member a commission or
otherwise base a faculty memberÂ’s compensation on the faculty memberÂ’s
recruitment of students to the school.
     (2) A school that obtains an exemption
under ORS 348.604 or that, on the date preceding July 15, 2005, was a school
described in ORS 348.594 (2)(d) shall:
     (a) Preserve official transcripts for all
faculty members and students;
     (b) Notify the Office of Degree
Authorization if a faculty member or administrator at the school has:
     (A) Been convicted of a felony; or
     (B) Violated a state or federal law
related to the operation of a school;
     (c) Place in any course catalog that is
available to students or to the public a notice that states: “(Name of school)
has been granted exempt status by the State of
     (d) If the school closes, return to
students tuition payments for the current term on a prorated basis;
     (e) If the school provides placement
services to a student, describe the placement services clearly and accurately
to the student and avoid giving unrealistic expectations of placement to the
student; and
     (f) If an administrator claims to possess
an academic degree:
     (A) Ensure that the administrator
possesses the academic degree that the administrator claims to possess; and
     (B) Require that the degree is from a
school that, at the time of the conferral of the degree, was accredited by a
federally recognized accrediting organization, held an exemption under this
section, or was a school described in ORS 348.594 (2)(d) on the date preceding
July 15, 2005. [2005 c.546 §3]
     Note: See note under 348.597.
     348.606
Conferring or offering of degree before approval obtained prohibited; fees;
rules. (1) A school may not
confer or offer to confer any academic degree upon a person, or provide
services purporting to lead to a degree in whole or in part, without first obtaining
approval from the Oregon Student Assistance Commission through the Office of
Degree Authorization. The commission shall adopt by rule standards and
procedures for the approval of schools.
     (2)(a) The commission, by rule, may impose
a fee on any school applying for approval to confer or offer to confer a degree
upon a person or to provide academic credit applicable to a degree. The fee is
nonrefundable.
     (b) The amount of the fee shall be
established to recover designated expenses incurred by the commission in
carrying out the administration of ORS 348.594 to 348.615, and may not exceed
the following amounts adjusted for inflation annually, beginning on July 1,
2007, pursuant to the increase, if any, from the preceding year in the U.S.
City Average Consumer Price Index for All Urban Consumers (All Items) as
published by the Bureau of Labor Statistics of the United States Department of
Labor:
     (A) For a doctoral degree, $5,500.
     (B) For a master’s degree, $4,150.
     (C) For a bachelor’s degree, $4,150.
     (D) For an associate degree, $2,750.
     (E) For a certificate or for any partial
degree program, $1,000.
     (c) In addition to the base fee described
in paragraph (b) of this subsection, the commission may assess the actual costs
related to the use of experts to evaluate programs leading to professional
licensure by the state, if such costs exceed 10 percent of the base fee.
     (d) Any fees collected under this
subsection shall be deposited in the Office of Degree Authorization Account
established under ORS 348.601. [1997 c.652 §11; 1999 c.59 §95; 2003 c.674 §2;
2005 c.546 §9; 2007 c.325 §3]
     348.607
Fee for exemption application; rules; prohibition on requirements for religious
exemption. (1) The Oregon
Student Assistance Commission may, by rule, impose a fee on a school that
applies for an exemption under ORS 348.604. The amount of the fee may not
exceed the lesser of:
     (a) The actual cost to the commission of
determining the schoolÂ’s compliance with the requirements for an exemption
under ORS 348.604; or
     (b) Fifty percent of the fee that the
commission would impose on the school under ORS 348.606 (2) if the school were
applying for approval to offer a bachelorÂ’s degree.
     (2) Except as provided in ORS 348.604 or
348.608 or section 6, chapter 546, Oregon Laws 2005, the commission may not
impose requirements for a religious exemption from ORS 348.594 to 348.615. [2005
c.546 §4; 2007 c.325 §5]
     Note: See note under 348.597.
     348.608
Certification by exempt school; suspension or revocation of exemption; appeal. (1) Each year, on a date prescribed by the
Office of Degree Authorization, a school that obtains an exemption under ORS
348.604 or a school that, on the date preceding July 15, 2005, was a school
described in ORS 348.594 (2)(d), shall submit to the office a statement that
reads: “(Name of School) hereby certifies that the school remains in compliance
with all conditions for a religious exemption from ORS 348.594 to 348.615.”
     (2) A school that obtains an exemption
under ORS 348.604 or a school that, on the date preceding July 15, 2005, was a
school described in ORS 348.594 (2)(d) remains exempt unless the office
suspends or revokes the exemption.
     (3) The office may suspend or revoke an
exemption if:
     (a) After the notice and opportunity to
cure provided in subsection (4) of this section, a school fails to provide the
statement required by subsection (1) of this section;
     (b) The office has received a complaint
from a student or former student of the school that the school is failing to
comply with a condition for exemption under ORS 348.604, the office determines
that the complaint is valid, the school has been provided with notice and
opportunity to cure as required by subsection (4) of this section and the
school fails to comply with the condition listed in the notice; or
     (c) After the notice and opportunity to
cure provided in subsection (4) of this section, a school is in violation of
ORS 348.605.
     (4) The Oregon Student Assistance
Commission, through the office, shall provide notice of and 90 days to cure a
schoolÂ’s:
     (a) Failure to provide the statement
required by subsection (1) of this section;
     (b) Failure to maintain compliance with a
condition for exemption under ORS 348.604 if the office has received a
complaint from a student or former student of the school that the school is
failing to comply with a condition for exemption under ORS 348.604 and the
office has determined the complaint is valid; or
     (c) Violation of ORS 348.605.
     (5) A school may appeal the denial,
suspension or revocation of an exemption to the commission.
     (6) A school may appeal to the commission
the officeÂ’s decision that a faculty member does not possess sufficient
compensatory qualifications to substitute for an academic degree in the field
in which the faculty member teaches.
     (7) The commission shall conduct an appeal
under this section as a contested case under ORS chapter 183.
     (8)(a) If a school appeals the denial,
suspension or revocation of an exemption and the commission upholds the denial,
suspension or revocation, the commission shall provide the school 90 days to
cure the grounds for the denial, suspension or revocation. If the school does
not cure the grounds for the denial, suspension or revocation within 90 days
after the commission upholds the denial, suspension or revocation, then the
denial, suspension or revocation becomes effective 90 days after the issuance
of the decision on the appeal by the commission.
     (b) If a school does not appeal the
denial, suspension or revocation of an exemption to the commission and the school
does not cure the grounds for the denial, suspension or revocation within the
period of time to appeal the decision to the commission, then the denial,
suspension or revocation becomes effective upon the expiration of the period of
time to appeal. [2005 c.546 §5]
     Note: See note under 348.597.
     348.609
Representation of possession of academic degree; complaints; civil penalties;
rules; fees. (1) A person
who has been warned by the Oregon Student Assistance Commission, through the
Office of Degree Authorization, to cease and desist may not claim or represent
that the person possesses any academic degree unless the degree has been
awarded to or conferred upon the person by a school that:
     (a) Has accreditation recognized by the
United States Department of Education or the foreign equivalent of such
accreditation;
     (b) Has been approved by the Oregon
Student Assistance Commission through the Office of Degree Authorization to
offer and confer degrees in
     (c) Is described in ORS 348.597; or
     (d) Is located in the United States and
has been found by the commission to meet standards of academic quality
comparable to those of an institution located in the United States that has
accreditation, recognized by the United States Department of Education, to offer
degrees of the type and level claimed by the person.
     (2)(a) A person who has been awarded a
degree from a school other than a school described in subsection (1) of this
section may claim or represent that the person possesses an academic degree if
the claim or representation is accompanied by a disclaimer that states: “(Name
of school) does not have accreditation recognized by the United States
Department of Education and has not been approved by the Office of Degree
Authorization.”
     (b) The disclaimer shall be made in any
resume, letterhead, business card, announcement or advertisement in which the
person is claiming or representing to have an academic degree from a school
that does not meet the requirements of subsection (1) of this section.
     (c) This subsection does not alter any
requirement for obtaining a license, admission into a school, teaching or
employment or for other areas in which a degree from an accredited school is
required.
     (3) The Oregon Student Assistance
Commission shall adopt, by rule, standards and procedures for responding to
complaints about degree claims and for validation of degree claims. Failure of
a person to provide documentation of a claimed degree shall be prima facie
evidence that the claim of such person to such degree is a violation of this
section.
     (4) The Oregon Student Assistance
Commission, by rule, may impose a fee on any school or person requesting
validation of degree claims. The amount of the fee shall be established to
recover designated expenses incurred by the commission in carrying out the
administration of ORS 348.594 to 348.615. Any fees collected under this
subsection shall be deposited in the Office of Degree Authorization Account
established under ORS 348.601.
     (5)(a) The Oregon Student Assistance Commission,
through the Office of Degree Authorization, may cause a civil suit to be
instituted in the circuit court for legal or equitable remedies, including
injunctive relief, to ensure compliance with this section. The commission may
recover attorney fees and court costs for any such action.
     (b) The commission shall adopt a schedule
of civil penalties for violations of this section. A civil penalty shall not
exceed $1,000 per violation.
     (c) In addition to any action or penalty
provided by law, any person who violates this section shall incur a civil
penalty in an amount prescribed by the schedule adopted by the commission. Any
civil penalty imposed under this subsection shall be imposed in the manner
provided in ORS 183.745. All penalties recovered under this subsection shall be
paid into the State Treasury and credited to the General Fund.
     (6) The provisions of this section do not
apply to a person who is a graduate of a veterinary college, or a veterinary
department of a university or college, of good standing and repute, as
determined by the Oregon State Veterinary Medical Examining Board. [1997 c.652 §12;
2001 c.454 §1; 2003 c.674 §3; 2005 c.196 §4; 2005 c.546 §10a]
     348.610 [1967 c.430 §8; repealed by 1971 c.577 §3]
     348.612
Revocation of approval; hearing. The Oregon Student Assistance Commission may revoke or suspend any
approval given to a school under ORS 348.606 for proper cause after a hearing.
Such hearing shall be held only after the school has been given 20 daysÂ’ notice
in writing of the time and place of such hearing. Hearings shall be held in
accordance with the rules of the commission adopted under ORS 348.530. [1997
c.652 §13]
     348.615
Appeal procedure. If the
Oregon Student Assistance Commission refuses to grant approval to a school to confer
degrees or revokes the approval to confer degrees, the refusal or revocation
shall be subject to the right of review by an action brought in the circuit
court of the county in which the school is located. Such review shall be tried
as an action not triable by right to a jury. [1997 c.652 §14]
(Scholarship
Program Tax Credit)
     348.616
Minimum criteria for certification of employer program; rules. (1) The Oregon Student Assistance Commission
shall develop and adopt rules that provide the minimum criteria that an
employer must meet in order for the employerÂ’s scholarship program for
employees and dependents to be certified as eligible for the employee and
dependent scholarship program tax credit provided under ORS 348.621. The
commission shall adopt rules to determine:
     (a) The types of educational programs,
institutions and expenses related to the programs and institutions for which
scholarships may be offered to employees and dependents, and scholarship moneys
expended on their behalf;
     (b) The types of employees and dependents
to whom scholarships must be offered;
     (c) The minimum and maximum annual dollar
amounts of a scholarship that would be a qualified scholarship under ORS
315.237;
     (d) The minimum annual number of hours of
instruction that a scholarship beneficiary must commit to in order to be
eligible for a scholarship; and
     (e) Such other requirements as the
commission may provide.
     (2) An employer must employ at least four
full-time equivalent employees but no more than 250 employees in order to be
certified as eligible for the employee and dependent scholarship program tax
credit under ORS 348.621.
     (3) An employer seeking to claim the tax
credit provided under ORS 315.237 must apply to the Oregon Student Assistance
Commission for both employee and dependent scholarship program certification
under ORS 348.618 and tax credit certification under ORS 348.621. [2001 c.475 §§2,4]
     348.618
Requirements for program certification application; acceptance and rejection of
application. (1) An
application for employee and dependent scholarship program certification shall
be filed by the employer establishing the program. The application shall be
filed with the Oregon Student Assistance Commission at least three months prior
to the close of the first tax year for which a tax credit under ORS 315.237
will be claimed.
     (2) The application shall be filed on a
form prescribed by the commission and shall contain the information required by
the commission, including:
     (a) The date on which the proposed
employee and dependent scholarship program will first be available to the
employerÂ’s employees and their dependents;
     (b) The total number of employees of the
employer;
     (c) The total number of employees who will
be eligible, or whose dependents will be eligible, to participate in the
program;
     (d) The criteria to be used by the
employer in determining the eligibility of an employee or an employeeÂ’s
dependent for a scholarship under the program; and
     (e) The annual limit, if any, on the
amount of funds to be used for scholarships under the program.
     (3) The commission shall certify an
application that describes an employee and dependent scholarship program that
is in compliance with the rules adopted by the commission under ORS 348.616 (1)
and (2), if made by an employer that meets the employment requirements of ORS
348.616 (1) and (2).
     (4) The commission shall certify or reject
an application within 60 days of receipt of the application and shall notify
the employer of the commissionÂ’s determination.
     (5) An employer whose application has been
rejected by the commission shall be afforded an opportunity to amend the
application to address the commissionÂ’s objections to the original application.
     (6) In the case of an employer whose
proposed employee and dependent scholarship program has been certified by the
commission, the commission shall send a letter of program certification to the
employer. The letter of program certification shall set forth or incorporate by
reference the statements made in the application being certified.
     (7) A letter of program certification
issued under this section shall remain valid until the employer changes the
terms of eligibility for a scholarship under the program, changes the minimum
or maximum amount of a scholarship under the program or ceases to be an
employer. [2001 c.475 §5]
     348.620 [1967 c.430 §9; 1971 c.577 §2; renumbered
348.592 in 1997]
     348.621
Requirements for tax credit certification application. (1) An application for tax credit
certification shall be filed by an employer that has obtained program
certification under ORS 348.618 or that has applied for program certification
and is awaiting such certification by the Oregon Student Assistance Commission.
     (2) The application for tax credit
certification shall be filed by the employer with the commission. The
application shall be filed at the time prescribed by the commission, but no
later than October 1 of the calendar year in which begins the tax year for
which a credit under ORS 315.237 will be claimed.
     (3) The application shall be filed on a
form prescribed by the commission and shall contain the information required by
the commission, including the amount of scholarship moneys the employer has
provided or intends to provide to employees or dependents during the calendar year
for which tax credit certification is being sought and the number of employees
employed by the employer for the calendar year.
     (4) The commission shall consider
applications in the chronological order in which the applications are received
and shall approve applications to the extent the amount set forth in the
application, when added to the total amount already certified by the commission
for the calendar year under this section, does not exceed $1 million.
     (5) An employer may not receive tax credit
certification:
     (a) For an amount that is greater than $1
million;
     (b) If the employer employs fewer than
four full-time equivalent employees for the calendar year; or
     (c) If the employer employs more than 250
employees for the calendar year.
     (6) The commission shall send written
notice of the amount of the tax credit certification, or written notice that no
amount is being certified, to the employer and to the Department of Revenue
within 60 days of the date an application is filed under this section.
     (7) The employer shall keep the written
certification in the employerÂ’s records for at least five years and shall
furnish the certification to the Department of Revenue if requested. [2001
c.475 §6]
(Alternative
Student Loan Program)
     348.625
Definitions for ORS 348.570 and 348.625 to 348.695. As used in ORS 348.570 and 348.625 to
348.695:
     (1) “Alternative student loan program”
means a program established by the Oregon Student Assistance Commission to fund
loans to eligible students, or to qualifying parents of eligible students, to
help meet expenses of eligible students of attending post-secondary educational
institutions; provided, however, that alternative student loan program loans
may be made only to students who have applied for student financial aid under
Title IV, Part B of the Higher Education Act of 1965, as amended, and have
received information on their eligibility for programs under that Act, or the
parents of students who have made such application and received such
information.
     (2) “Eligible student” means a student
enrolled in an eligible post-secondary educational institution located in
Oregon or a student who is an Oregon resident and who is enrolled in an
eligible post-secondary educational institution located outside of Oregon. The
commission shall determine, among other things, what constitutes enrollment and
which post-secondary educational institutions are eligible institutions under
the alternative student loan program.
     (3) “Lender” means an insured institution
as defined in ORS 706.008 that is authorized to do business in
     348.630
Eligible recipients; limitations; credit check. (1) Loans may be made under the alternative
student loan program to an eligible student or to a parent of an eligible
student.
     (2) Loans made under the alternative
student loan program shall not exceed the eligible costs of education as
determined by the Oregon Student Assistance Commission, minus other financial
aid received, or $10,000, whichever is less, for any eligible student during a single
calendar year. Total loans made for any eligible student under the alternative
student loan program shall not exceed $40,000.
     (3) Under the alternative student loan
program, borrowers shall undergo a credit check by the lender or by the
commission and shall be creditworthy or provide a creditworthy cosigner. [1987
c.842 §3]
     348.635
Establishment of loan terms and conditions. In consultation with private sector lenders, the Oregon Student
Assistance Commission shall establish the terms and conditions, including but
not limited to maturities and repayment provisions, of student loans for which
the commission shall provide funding. The commission may also set standards of
academic achievement which borrowers must maintain to receive loans. [1987
c.842 §4]
     348.640
Administration of loans by private lenders; repayment to state; risk of loss. (1) The Oregon Student Assistance Commission
shall provide funding to lenders pursuant to contracts which shall provide,
among other things, the terms and conditions under which private sector
lenders, using funding made available by the commission, shall originate,
service and administer loans pursuant to the alternative student loan program.
Lenders shall receive and process loan applications from borrowers, perform
credit analysis, approve or deny loan requests, and for loans which are
approved, originate, document, administer and service such loans. The
commission shall make provision for payment to lenders of the reasonable costs
of origination, servicing and administration of loans. Payment may be made
directly by borrowers or by the commission, as the commission may determine.
     (2) Loans shall be structured in such a
manner that anticipated payments of principal and interest shall permit timely
repayment of the revenue bonds to be issued by the State of
     348.645 [1987 c.842 §7; repealed by 2007 c.426 §7]
     348.650 [1987 c.842 §6; repealed by 2007 c.426 §7]
     348.655
Issuance of revenue bonds; amount; interest tax exempt. In consultation with the Oregon Student
Assistance Commission, the State Treasurer may issue revenue bonds in an amount
not to exceed $30 million annually, the proceeds of which shall be used to
provide funding for loans to be made pursuant to the alternative student loan
program. Interest on the bonds shall be exempt from personal income taxation by
the State of
     348.660
Determination to issue revenue bonds; duties of State Treasurer; factors to
consider. (1) If the State
Treasurer, in consultation with the Oregon Student Assistance Commission,
determines that revenue bonds should be issued under ORS 348.570 and 348.625 to
348.695:
     (a) The State Treasurer, in consultation
with the commission, may authorize and issue in the name of the State of
     (b) The State Treasurer, in consultation
with the commission, shall designate the underwriter, trustee and bond counsel
and enter into appropriate agreements with each to carry out the provisions of
ORS 348.570 and 348.625 to 348.695.
     (2) Any trustee designated by the State
Treasurer, in consultation with the commission, must agree to furnish financial
statements and audit reports for each bond issue.
     (3) In determining whether to issue
revenue bonds under ORS 348.570 and 348.625 to 348.695, the State Treasurer, in
consultation with the commission, shall consider:
     (a) The bond market for the types of bonds
proposed for issuance.
     (b) The terms and conditions of the
proposed issue.
     (c) Such other relevant factors as the
State Treasurer, in consultation with the commission, considers necessary to
protect the financial integrity of the state. [1987 c.842 §§9,10]
     348.665
Laws governing issuance of bonds; powers of State Treasurer. Bonds authorized under ORS 348.570 and
348.625 to 348.695 shall be issued in accordance with the provisions of ORS
chapter 286A. The State Treasurer, in consultation with the Oregon Student
Assistance Commission, may establish special accounts or subaccounts in the
Alternative Student Loan Program Fund created by ORS 348.570 and may pledge the
assets or the revenues, or any portion thereof, of the alternative student loan
program. [1987 c.842 §11; 2007 c.783 §143]
     348.670
Administrative expenses. The
administrative expenses of the State Treasurer and the Oregon Student
Assistance Commission shall be charged against bond proceeds or repayment
revenues. [1987 c.842 §12]
     348.675
Refunding of bonds. The
State Treasurer, in consultation with the Oregon Student Assistance Commission,
shall have the power, whenever refunding is considered expedient, to refund any
bonds by the issuance of new bonds, whether the bonds to be refunded have or
have not matured. The refunding bonds may be exchanged for bonds to be refunded
and the proceeds applied to the purchase, redemption or payment of such bonds. [1987
c.842 §13]
     348.680
Validity of bonds. The
validity of bonds issued under ORS 348.570 and 348.625 to 348.695 shall not be
dependent on nor be affected by the validity or regularity of any proceeding
relating to the loans for which the bonds are issued. The official action
authorizing such bonds may provide that the bonds shall contain a recital that
they are issued pursuant to ORS 348.570 and 348.625 to 348.695 and such recital
shall be conclusive evidence of their validity and of the regularity of their issuance.
[1987 c.842 §14]
     348.685
Covenants in actions authorizing bonds; contents. The official action authorizing the issuance
of bonds under ORS 348.570 and 348.625 to 348.695 may contain covenants,
notwithstanding that such covenants may limit the exercises of powers conferred
by ORS 348.570 and 348.625 to 348.695 in the following respects and in such
other respects as the state, acting through the State Treasurer, in
consultation with the Oregon Student Assistance Commission, or the designee
thereof may decide:
     (1) The use and disposition of the
revenues from repayment;
     (2) The creation and maintenance of
special accounts or subaccounts in the Alternative Student Loan Program Fund
created by ORS 348.570 and the regulation, use and disposition thereof;
     (3) The purpose or purposes to which the
proceeds of sale of bonds may be applied and the use and disposition of such
proceeds;
     (4) The events of default and the rights
and liabilities arising thereon and the terms and conditions upon which the
holders of any bonds may bring any suit or action on such bonds or on any
coupons appurtenant thereto;
     (5) The issuance of other or additional
bonds or instruments payable from or constituting a charge against the revenues
from repayment;
     (6) The keeping of books of account and
the inspection and audit thereof;
     (7) The terms and conditions upon which
any or all of the bonds shall become or may be declared due before maturity and
the terms and conditions upon which such declaration and its consequences may
be waived;
     (8) The rights, liabilities, powers and
duties arising upon the breach of any covenants, conditions or obligations;
     (9) The appointing of and vesting in a
trustee or trustees of the right to hold or dispose of any funds, accounts,
revenues or assets of the alternative student loan program, to receive or
assign any pledge thereof or to enforce any covenants made to secure or to pay
the bonds, the powers and duties of such trustee or trustees, and the
limitation of the liabilities of the trustee or trustees;
     (10) The terms and conditions upon which
the holder or holders of the bonds, or the holders of any proportion or
percentage of them, may enforce any covenants made under ORS 348.570 and
348.625 to 348.695; and
     (11) A procedure by which the terms of any
official action authorizing bonds or of any other contract with bondholders,
including but not limited to an indenture of trust or similar instrument, may
be amended or abrogated, and the amount of bonds the holders of which may
consent thereto, and the manner in which such consent may be given. [1987 c.842
§15]
     348.690
Liability of state for bonds.
(1) Revenue bonds issued under ORS 348.570 and 348.625 to 348.695:
     (a) Shall not be payable from nor charged
upon any funds other than the revenue pledged to the payment thereof, except as
provided in this section, nor shall the state be subject to any liability
thereon. No holder or holders of such bonds shall ever have the right to compel
any exercise of the taxing power of the state to pay any such bonds or the
interest thereon, nor to enforce payment thereof against any property of the
state.
     (b) Shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the state other than the
Alternative Student Loan Program Fund created by ORS 348.570, any account or
subaccount thereof or student loans, if any, owned or acquired by the Oregon
Student Assistance Commission pursuant to the alternative student loan program.
     (2) Each bond issued under ORS 348.570 and
348.625 to 348.695 shall recite in substance that the bond, including interest
thereon, is payable solely from the revenue pledged to the payment thereof. No
such bond shall constitute a debt of the state or a lending of the credit of
the state within the meaning of any constitutional or statutory limitation.
However, nothing in ORS 348.570 and 348.625 to 348.695 is intended to impair
the rights of holders of bonds to enforce covenants made for the security
thereof as provided in ORS 348.685. [1987 c.842 §16]
     348.695
Rights and remedies of bondholders and trustees. Subject to any contractual limitation
binding upon the holders of any issue of revenue bonds, or a trustee therefor,
including but not limited to the restriction of the exercise of any remedy to a
specified proportion or percentage of such holders, any holder of bonds, or any
trustee therefor, for the equal benefit and protection of all bondholders
similarly situated, may:
     (1) By action or proceeding for legal or
equitable remedies, enforce their rights against the state and any of its
officers, agents and employees, and may require and compel the state or any
such officers, agents or employees to perform and carry out duties and
obligations under ORS 348.570 and 348.625 to 348.695 and covenants and agreements
with bondholders;
     (2) By action, require the state to
account as if it were the trustee of an express trust;
     (3) By action, enjoin any acts or things
which may be unlawful or in violation of the right of the bondholders;
     (4) Bring action upon the bonds; and
     (5) Exercise any right or remedy conferred
by ORS 348.570 and 348.625 to 348.695 without exhausting and without regard to
any other right or remedy conferred by ORS 348.570 and 348.625 to 348.695 or
any other law of this state, none of which rights and remedies is intended to
be exclusive of any other, and each is cumulative and in addition to every
other right and remedy. [1987 c.842 §17]
EDUCATION
STABILITY FUND
(Generally)
     348.696
Education Stability Fund; investment; earnings. Pursuant to section 4 (4)(d), Article XV of
the Oregon Constitution, the Education Stability Fund is established separate
and distinct from the General Fund. Except for earnings on moneys in the school
capital matching subaccount, moneys in the fund shall be invested as provided
in ORS 293.701 to 293.790. All declared earnings on moneys in the fund shall be
transferred and are appropriated continuously as follows:
     (1) All declared earnings from the Oregon
Growth Account to the Oregon Commercialized Research Fund created in ORS
284.725;
     (2) 75 percent of all declared earnings
not described in subsection (1) of this section to the Oregon Education Fund
established by ORS 348.716; and
     (3) 25 percent of all declared earnings
not described in subsection (1) of this section to the Oregon Student
Assistance Commission for the Oregon Opportunity Grant program under ORS
348.260. [1995 c.12 §2; 1997 c.524 §2; 1997 c.612 §11; 1999 c.44 §§26,27; 1999
c.704 §§17,18; 1999 c.1070 §§13,14; 2001 c.920 §12; 2001 c.922 §§27,28; 2002
s.s.3 c.6 §§2,3; 2005 c.22 §§246,247; 2005 c.748 §§19,20]
     348.699 [1995 c.12 §6; repealed by 1997 c.524 §6]
(
     348.701
Definitions for ORS 348.701 to 348.710. As used in ORS 348.701 to 348.710:
     (1) “Board” means the Oregon Growth Account
Board established in ORS 348.707.
     (2) “Emerging growth business” means an
individual or group of individuals or a new or small company, including but not
limited to any new or small partnership, limited liability company,
corporation, firm, association or other entity, that has the capacity, upon
obtaining appropriate capital, to generate significant high skill, high wage
employment.
     (3) “Management company” includes an
individual or group of individuals, firm, association, limited partnership,
partnership, corporation or other investment company.
     (4) “Seed capital” means financing that is
provided for the initial phases, including the first phase, of development,
refinement and commercialization of a technology, product, process or
innovation, including but not limited to facilitating technology transfers
related to academic research, discoveries or developments for the purpose of
commercialization of a technology, product, process or innovation. [1995 c.811 §5(5);
1997 c.323 §1; 1999 c.42 §3; 1999 c.54 §1; 2001 c.52 §1; 2001 c.922 §1; 2005
c.835 §25; 2007 c.172 §1]
     348.702
     (2) The Oregon Department of
Administrative Services may credit to the Oregon Growth Account from the first
funds transferred in a fiscal year to the Education Stability Fund under
section 4, Article XV of the Oregon Constitution, an amount up to the amount
the department estimates to be 10 percent of the funds required to be
transferred to the Education Stability Fund for that fiscal year.
     (3) If at the end of the fiscal year the
amount credited to the Oregon Growth Account under subsection (2) of this
section is less than or greater than 10 percent of the amount required to be
transferred under section 4, Article XV of the Oregon Constitution, to the
Education Stability Fund, the amount credited to the Oregon Growth Account
shall be adjusted in one of the following ways:
     (a) The amount credited to the account in
the following fiscal year may be adjusted;
     (b) Any excess may be transferred from the
Oregon Growth Account to the Education Stability Fund; or
     (c) Any shortage may be transferred from
the Education Stability Fund to the Oregon Growth Account from funds available
for that purpose.
     (4) Adjustments required by subsection (3)
of this section shall be made without consideration of any interest or other
earnings that have accrued during the fiscal year.
     (5) The purpose of the Oregon Growth
Account is to earn returns for the Education Stability Fund by making
investments in or by providing seed capital for emerging growth businesses.
     (6) The investment of funds in the Oregon
Growth Account shall be governed by the Oregon Growth Account Board. [1995
c.811 §§3,4; 1997 c.323 §2; 2001 c.922 §2; 2002 s.s.3 c.6 §4; 2003 c.14 §154;
2003 c.606 §6; 2005 c.835 §32; 2007 c.71 §96; 2007 c.172 §2]
     348.703
Management and investment of moneys in account; reporting requirement;
contracts for investment advice and other services. (1) The Oregon Growth Account Board shall
contract with one or more management companies to manage and invest the moneys
in the Oregon Growth Account. For purposes of this subsection, a contract with
a management company may consist of:
     (a) A partnership agreement under which
the Oregon Growth Account Board is the limited partner and the management
company is the general partner; or
     (b) Another form of payment or
profit-sharing arrangement under which the Oregon Growth Account Board may
receive payment or another form of return in exchange for its investment in an
emerging growth business.
     (2) The provisions of ORS 293.726 do not
apply to those assets of the Education Stability Fund that are held in the
Oregon Growth Account. The limitations of ORS 293.726 (6) shall be calculated
based only on the balance of the Education Stability Fund that does not include
the Oregon Growth Account.
     (3) A management company selected to
manage the Oregon Growth Account shall manage the moneys in the account,
subject to investment policies established by the State Treasurer and the
investment directives or strategies of the Oregon Growth Account Board, with
the care, skill and diligence that a prudent investor acting in a similar
capacity and familiar with such investments would use in managing and investing
a similar account. The management company shall invest in
     (4) The contract between the board and a
management company to manage the Oregon Growth Account and the functions
performed under the contract are not subject to the State Personnel Relations
Law or ORS 279.835 to 279.855 or ORS chapter 279A or 279B.
     (5) Notwithstanding ORS 348.702 (5), a
management company selected to manage the Oregon Growth Account may maintain a
portion of the moneys allocated to the account under ORS 348.702 (1) in
short-term securities in investments other than those specified in ORS 348.702
(5) during such times as a management company is seeking investments that meet
the requirements of ORS 348.702 (5).
     (6) The State Treasurer shall annually
submit a report to the Governor and to the Legislative Assembly on the
investment of moneys in the Oregon Growth Account. The report required by this
subsection shall include a summary of the amount of money invested by
industrial sector or business classification, by region of this state, by size
of investment and by type of investment.
     (7) The State Treasurer shall provide to
other state agencies any reports on the investment of moneys in the Oregon
Growth Account that are necessary to fulfill audit, financial, investment or
other reporting requirements to which the Education Stability Fund is subject
by law or standard accounting principles.
     (8) The office of the State Treasurer
shall provide staff to the board.
     (9) There is continuously appropriated to
the board from the Oregon Growth Account those amounts necessary to meet the
expenses of the board and the State Treasurer in carrying out the operations of
the Oregon Growth Account and the duties of the board and the State Treasurer.
The cost to the office of the State Treasurer of providing staff to the board
shall be deducted from those amounts paid to the State Treasurer pursuant to
ORS 293.718 as reimbursement for expenses incurred as investment officer for the
Education Stability Fund.
     (10) The board may enter into contracts
for the provision of investment advice or other services that the board deems
reasonable and necessary to fulfill the duties of the board. The State
Treasurer may enter into contracts for the provision of investment advice or
other services that the State Treasurer deems reasonable and necessary to
fulfill the duties of the State Treasurer with respect to the Oregon Growth
Account. Such contracts are not subject to the State Personnel Relations Law or
ORS 279.835 to 279.855 or ORS chapter 279A or 279B. [1995 c.811 §5(1) to (4);
1997 c.323 §5; 1999 c.42 §4; 2001 c.52 §2; 2001 c.922 §3; 2002 s.s.3 c.6 §5;
2003 c.606 §7; 2003 c.794 §258; 2007 c.172 §3]
     348.704
Allocation, withdrawal and transfer of assets in account. The Oregon Growth Account Board may allocate
to, withdraw from or transfer from the Oregon Resource and Technology
Development Subaccount and the balance of the Oregon Growth Account such
moneys, investments, returns or other assets or amounts the board determines
necessary or desirable to further the purpose set forth in ORS 348.702. [2001
c.922 §8]
     348.705 [Formerly 351.265; 1987 c.880 §1; repealed
by 1997 c.652 §63]
     348.706
     (2) The board may allocate such amounts
from the subaccount as the board determines appropriate for seed capital
investments. [2001 c.922 §7; 2005 c.835 §33; 2007 c.172 §4]
     348.707
     (a) The State Treasurer or the treasurer’s
designated representative, who shall be the chairperson of the board.
     (b) Three members appointed by the
Governor from a list of candidates recommended by the State Treasurer who are
qualified by training and experience in the field of venture capital and
emerging growth businesses in Oregon.
     (c) Three members from the general public
appointed by the Governor from a list of candidates recommended by the State
Treasurer.
     (2) The term of office of each board
member appointed by the Governor is three years. However, each member, except
the State Treasurer or the treasurerÂ’s designated representative, shall serve
at the pleasure of the Governor. Before the expiration of the term of a member,
the Governor shall appoint a successor. A member is eligible for reappointment.
If there is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
     (3) A member of the board may receive
reimbursement of expenses under ORS 292.495 (2), but shall not receive
compensation under ORS 292.495 (1) or otherwise for participation as a board
member.
     (4) The State Treasurer may establish
investment policies for the Oregon Growth Account. The investment policies may
include, but are not limited to:
     (a) The reinvestment of the principal of
the account after an original investment;
     (b) The reinvestment of returns from an
original investment;
     (c) The retention of amounts for unfunded
commitments owed to a management company;
     (d) The determination of when and how
earnings are calculated and declared available from the account on behalf of
the Education Stability Fund; and
     (e) Other policies that the State
Treasurer determines may increase the total earnings of the account over time.
     (5) Subject to investment policies
established for moneys in the account by the State Treasurer, the board shall
have authority to approve or direct specific investments or strategies for the
investment of moneys in the Oregon Growth Account and to make investments
directly, without the use of a management company, in any form or manner that
would be lawful for a private corporation having similar intent. In addition,
the board may:
     (a) Acquire, own, hold, dispose of and
encumber real or personal property of any nature, both tangible and intangible,
or any interest in property, and exercise or acquire any rights in property
necessary or desirable to protect or secure any investments in which the
account has an interest;
     (b) Trade, buy or sell securities;
     (c) Own, possess, take license in and
grant license to patents, copyrights, proprietary processes and other
intellectual property, and negotiate and enter into contracts and establish
charges for the use of such patents, copyrights, proprietary processes and
other intellectual property; and
     (d) Exercise any other powers necessary or
desirable for the operation and functioning of the account within the purposes
authorized in ORS 348.702.
     (6) When performing the board’s duties,
the board shall exercise the care, skill and diligence that a prudent investor
acting in a similar capacity and familiar with such investments would use in
managing and investing a similar account.
     (7) The State Treasurer shall report on
the development of the policies described in subsection (4) of this section to
the legislative interim committees on trade and economic development and
government finance and tax policy. [1997 c.323 §3; 2001 c.52 §3; 2001 c.922 §4;
2002 s.s.3 c.6 §7]
     348.710
Confidentiality of records, communications and information. (1) The following records, communications
and information furnished under ORS 348.701 to 348.710 shall be confidential
and maintained as such, unless the person providing the information expressly
agrees in writing that such information may be disclosed:
     (a) Personal financial statements;
     (b) Financial statements of applicants;
     (c) Customer lists;
     (d) Information of an applicant pertaining
to litigation to which the applicant is a party if the complaint has been filed
or, if the complaint has not been filed, if the applicant shows that such
litigation is reasonably likely to occur;
     (e) Production, sales and cost data; and
     (f) Marketing strategy information that
relates to an applicantÂ’s plan to address specific markets or the applicantÂ’s
strategy regarding specific competitors, or both.
     (2) The confidentiality provided by
subsection (1)(d) of this section does not apply to concluded litigation.
Nothing in subsection (1)(d) of this section limits any right granted by
discovery statutes to a party to litigation or potential litigation. [1999 c.42
§6]
     348.715 [Formerly 351.270; 1982 s.s.1 c.20 §4; 1985
c.555 §17; 1987 c.880 §2; 1991 c.667 §15; repealed by 1997 c.652 §63]
(
     348.716
     Note: 348.716 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 348 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     348.725 [1975 c.553 §3; 1987 c.880 §3; repealed by
1991 c.667 §17]
     348.735 [Formerly 351.275; repealed by 1987 c.880 §19]
     348.745 [Formerly 351.280; repealed by 1987 c.880 §19]
     348.755 [Formerly 351.285; 1987 c.880 §4; repealed
by 1997 c.652 §63]
     348.765 [Amended by 1987 c.880 §5; repealed by 1997
c.652 §63]
     348.785 [Formerly 351.297; 1987 c.880 §6; repealed
by 1991 c.667 §17]
     348.795 [Formerly 351.298; 1987 c.880 §7; repealed
by 1991 c.667 §17]
     348.805 [1969 c.182 §1; 1971 c.577 §1; renumbered
348.105]
     348.815 [Formerly 351.301; repealed by 1991 c.667 §17]
     348.825 [Formerly 351.302; 1987 c.880 §8; repealed
by 1991 c.667 §17]
     348.830 [1979 c.308 §2; 1987 c.880 §9; repealed by
1997 c.652 §63]
     348.835 [Formerly 351.710; 1979 c.308 §3; 1981 c.167
§1; 1987 c.880 §10; 1995 c.119 §1; repealed by 1997 c.652 §63]
     348.840 [1982 s.s.1 c.20 §2; 1987 c.880 §11;
repealed by 1997 c.652 §63]
     348.841
Definitions for ORS 348.841 to 348.873. As used in ORS 348.841 to 348.873:
     (1) “Account” means an individual account
established in accordance with ORS 348.841 to 348.873.
     (2) “Account owner” means the person who
has the right to withdraw funds from the account. The account owner may also be
the designated beneficiary of the account.
     (3) “Board” means the Oregon 529 College
Savings Board established under ORS 348.849.
     (4) “Designated beneficiary” means, except
as provided in ORS 348.867, the individual designated at the time the account
is opened as having the right to receive a qualified withdrawal for the payment
of qualified higher education expenses, or if the designated beneficiary is
replaced in accordance with ORS 348.867, the replacement.
     (5) “Financial institution” means a bank,
a commercial bank, a national bank, a savings bank, a savings and loan, a
thrift institution, a credit union, an insurance company, a trust company, a
mutual fund, an investment firm or other similar entity authorized to do
business in this state.
     (6) “Higher education institution” means
an eligible education institution as defined in section 529(e)(5) of the
Internal Revenue Code.
     (7) “Internal Revenue Code” means the
federal Internal Revenue Code.
     (8) “Member of the family” shall have the
same meaning as contained in section 529(e) of the Internal Revenue Code.
     (9) “Network” means the Oregon 529 College
Savings Network established under ORS 348.841 to 348.873.
     (10) “Nonqualified withdrawal” means a
withdrawal from an account that is not a qualified withdrawal.
     (11) “Qualified higher education expenses”
means tuition and other permitted expenses as set forth in section 529(e) of
the Internal Revenue Code for the enrollment or attendance of a designated beneficiary
at a higher education institution.
     (12) “Qualified withdrawal” means a
withdrawal made as prescribed under ORS 348.870 and made:
     (a) From an account to pay the qualified
higher education expenses of the designated beneficiary;
     (b) As the result of the death or
disability of the designated beneficiary;
     (c) As the result of a scholarship,
allowance or payment described in section 135(d)(1)(A), (B) or (C) of the
Internal Revenue Code that is received by the designated beneficiary, but only
to the extent of the amount of the scholarship, allowance or payment; or
     (d) As a rollover or change in the
designated beneficiary described in ORS 348.867. [1999 c.746 §1; 2001 c.12 §1;
2003 c.280 §6; 2007 c.843 §12]
     Note: 348.841 to 348.873 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
348 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     348.844
Policy on higher education qualified tuition savings program. It is the intent of the Legislative
Assembly, in enacting ORS 348.841 to 348.873, to create a higher education
qualified tuition savings program called the Oregon 529 College Savings
Network:
     (1) That increases the ability of families
and individuals to save for higher education.
     (2) In which the earnings on contributions
of network participants are exempt from state income taxation.
     (3) That utilizes the private sector to
administer and invest the contributions to the network under the guidance of
the Oregon 529 College Savings Board.
     (4) In which the contributions and
earnings are held by the network in trust for the benefit of designated
beneficiaries and account owners for the uses and purposes set forth in ORS
348.841 to 348.873, and for no other benefit, use or purpose. [1999 c.746 §2;
2001 c.12 §2; 2003 c.280 §7]
     Note: See note under 348.841.
     348.845 [Formerly 351.720; 1987 c.880 §12; repealed
by 1997 c.652 §63]
     348.849
     (2) The board shall consist of:
     (a) The State Treasurer, who shall serve
as the board chairperson;
     (b) A member of the State Board of Higher
Education, to be selected by the State Board of Higher Education;
     (c) A representative of accredited private
colleges and universities located in this state, who shall be appointed by the
State Treasurer; and
     (d) Two public members, who by reason of
their education and experience are qualified to serve, and who shall be
appointed by the State Treasurer.
     (3)(a) The board member who is a member of
the State Board of Higher Education shall serve at the pleasure of the State
Board of Higher Education but may not serve on the board following the end of
the memberÂ’s term on the State Board of Higher Education.
     (b) The representative of private colleges
and universities and the public members of the board shall serve at the
pleasure of the State Treasurer for a term of office of three years. These
members of the board may be reappointed to subsequent terms.
     (4) The State Treasurer and the Department
of Higher Education shall provide staff and assistance to the board in the
administration of the Oregon 529 College Savings Network as directed by the
board.
     (5) A member of the board is entitled to
compensation and expenses as provided in ORS 292.495.
     (6) A majority of the members of the board
constitutes a quorum for the transaction of business. [1999 c.746 §3; 2003
c.280 §8]
     Note: See note under 348.841.
     348.853
Board powers and duties; establishment of network; rules. The Oregon 529 College Savings Board shall
have the following powers, duties, and functions:
     (1) To establish, develop, implement and
maintain the Oregon 529 College Savings Network in a manner consistent with ORS
348.841 to 348.873 and section 529 of the Internal Revenue Code and to obtain
the benefits of section 529 of the Internal Revenue Code for the network and
its participants.
     (2) To adopt rules for the general
administration of the network, to administer ORS 348.841 to 348.873 and to
ensure the networkÂ’s compliance with section 529 of the Internal Revenue Code.
     (3) To maintain, invest and reinvest the
funds contributed into the network consistent with the investment restrictions
established by the board. The investment restrictions shall be consistent with
the objectives of the network, and the board shall exercise the judgment and
care then prevailing that persons of prudence, discretion and intelligence exercise
in the management of their own affairs with due regard to the probable income
and level of risk from certain types of investments of money, in accordance
with the policies established by the board.
     (4) To make and enter into any and all
contracts, agreements or arrangements, and to retain, employ and contract for
the services of private and public financial institutions, depositories,
consultants, investment advisors or managers and third-party plan
administrators and for research, technical and other services necessary or
desirable for carrying out the purposes of ORS 348.841 to 348.873.
     (5) To accept donations or receive funds
for the purpose of providing scholarships, grants and other incentives to
account owners, potential account owners and their designated beneficiaries or
furthering any of the purposes of ORS 348.841 to 348.873.
     (6) To encourage increased participation
in the network by awarding scholarships or grants, providing or making
available other incentives to account owners or potential account owners and
their designated beneficiaries, or entering into promotional arrangements with
third parties as the board deems desirable. [1999 c.746 §5; 2003 c.280 §9; 2005
c.297 §1]
     Note: See note under 348.841.
     348.855 [Formerly 351.730; 1979 c.284 §139; 1987
c.880 §13; repealed by 1997 c.652 §63]
     348.856
     (2) The Oregon 529 College Savings Network
Fund shall consist of:
     (a) Moneys appropriated to the fund by the
Legislative Assembly;
     (b) Moneys transferred to the fund from
the federal government, other state agencies or local governments;
     (c) Moneys from the payment of fees and
the payment of other moneys due the board;
     (d) Any gifts or donations made to the
State of
     (e) Earnings on moneys in the fund.
     (3) The board may use the moneys in the
fund to pay the administrative costs and expenses of the board and the Oregon
529 College Savings Network, to provide or make available scholarships, grants
and other incentives to account owners, potential account owners and their
designated beneficiaries or to further any other purpose of ORS 348.841 to
348.873. [2003 c.280 §22; 2005 c.297 §2]
     Note: See note under 348.841.
     348.857
Network participation; contribution limitations; fees. (1) An account owner may establish an
account by making an initial contribution to the Oregon 529 College Savings
Network in the name of the designated beneficiary. Once a contribution is made
it becomes part of the network and subject to the provisions of ORS 348.841 to
348.873.
     (2) Any person may make a contribution to
an account once an account is opened.
     (3) Contributions to an account shall be
made only in cash.
     (4) Total contributions to all accounts
established on behalf of a particular beneficiary may not exceed those
reasonably necessary to provide for the qualified higher education expenses of
the designated beneficiary. The Oregon 529 College Savings Board shall
establish maximum contribution limits applicable to network accounts and shall
require the provision of any information from the account owner and the
designated beneficiary that the board deems necessary to establish these
limits.
     (5) Separate records and accounting shall
be required for each account and reports shall be made no less frequently than
annually to the account owner.
     (6) The board may collect application,
account or administrative fees to defray the costs of the network. [1999 c.746 §6;
2001 c.12 §5; 2003 c.280 §10]
     Note: See note under 348.841.
     348.860
Right to direct investment of contributions or earnings; liability for loss. (1) Except as permitted in section 529 of
the Internal Revenue Code, no person other than the Oregon 529 College Savings
Board or a financial institution in which Oregon 529 College Savings
Network funds have been invested shall have the right to direct the investment
of any contributions to or earnings from the network.
     (2) The network, the board, each board
member and the State of
     (3) The board, in the exercise of its sole
discretion and without liability, may remove the networkÂ’s funds from any
financial institution and reinvest the funds in a similar or different
investment alternative at another financial institution pursuant to a contract,
agreement or arrangement entered into under ORS 348.853 (4). [1999 c.746 §7;
2003 c.280 §11]
     Note: See note under 348.841.
     348.863
Prohibitions and limitations on accounts. (1) An account and any interest in an account may not be assignable or
pledged or otherwise used to secure or obtain a loan or other advancement.
     (2) The right of a designated beneficiary
to the payment of qualified higher education expenses or of an account owner to
a withdrawal, payments and withdrawals made in exercise of those rights and
moneys or property held within an account shall be exempt from garnishment and
may not be subject to execution, attachment or any other process or to the
operation of any bankruptcy or insolvency law.
     (3) A refund of a qualified educational
expense payment may not be paid by a higher education institution directly to
the designated beneficiary or to the account owner. Any refund of qualified
tuition expenses owed by a higher education institution on account of an
overpayment of educational expenses must be refunded to the Oregon 529 College
Savings Network for credit to an account of the designated beneficiary.
     (4) A qualified withdrawal that is used to
pay for qualified higher education expenses must be paid as prescribed by
section 529 of the Internal Revenue Code and rules adopted by the Oregon 529
College Savings Board. [1999 c.746 §8; 2001 c.12 §6; 2003 c.280 §12]
     Note: See note under 348.841.
     348.865 [Formerly 351.740; repealed by 1997 c.652 §63]
     348.867
Designated beneficiary of account; confidentiality of account information. (1) An account owner shall have the right at
any time to change the designated beneficiary of an account to another
individual who is a member of the family of the former designated beneficiary.
     (2) An account owner shall have the right
at any time to direct that all or a portion of an account be transferred to the
account of another designated beneficiary who is a member of the family of the
former designated beneficiary.
     (3) The right to change the designated
beneficiary or to transfer between accounts contained in subsections (1) and
(2) of this section may be denied if, under rules adopted by the Oregon 529
College Savings Board, the exercise of the right would result in either excess
contributions to an account or the exercise of impermissible investment
direction by the account owner.
     (4) Individual account information, including
but not limited to names, addresses, telephone numbers, personal identification
information, amounts contributed and earnings on amounts contributed, is
confidential and must be maintained as confidential:
     (a) Except to the extent necessary to
administer the Oregon 529 College Savings Network in a manner consistent with
ORS 348.841 to 348.873, Oregon tax laws and the Internal Revenue Code; or
     (b) Unless the person who provides the
information or is the subject of the information expressly agrees in writing
that the information may be disclosed. [1999 c.746 §9; 2001 c.12 §7; 2003 c.280
§13]
     Note: See note under 348.841.
     348.869
State interest in contributions and earnings. The State of
     Note: See note under 348.841.
     348.870
Account withdrawals; rules; report. (1) Withdrawal from an account may be made as prescribed by the rules
adopted by the Oregon 529 College Savings Board.
     (2) A financial institution shall report
an account withdrawal during any calendar year to the account owner and the
federal Internal Revenue Service. The report shall be made at the time and
contain such information as required by law. [1999 c.746 §10; 2003 c.280 §15]
     Note: See note under 348.841.
     348.873
Report to Governor and Legislative Assembly. The Oregon 529 College Savings Board shall publish a biennial report
to the Governor and the Legislative Assembly detailing the boardÂ’s activities.
The report shall be prepared on or before February 1 of each odd-numbered year.
[1999 c.746 §11; 2003 c.280 §16]
     Note: See note under 348.841.
     348.875 [Formerly 351.750; 1979 c.308 §4; 1987 c.880
§14; repealed by 1997 c.652 §63]
     348.885 [Formerly 351.760; 1979 c.308 §5; 1987 c.880
§15; repealed by 1997 c.652 §63]
COORDINATION
OF STATE AGENCIES
     348.890
Joint Boards of Education; meeting; implementation of agreements. (1) The State Board of Higher Education and
the State Board of Education shall hold at least one meeting annually as the
Joint Boards of Education for the purpose of coordinating their activities and
reaching joint agreement on matters of education policy and opportunities of
mutual interest to the two boards and to the populations served by the boards.
     (2) Bylaws to be adopted by the members
shall determine procedures for setting meeting dates, locations, chairperson
rotation, agendas and staff support.
     (3) The Joint Boards of Education shall
provide policy direction to implement regional partnership proposals and any
other joint program or activity approved by both boards.
     (4) Notwithstanding ORS 351.070 (3)(c),
the Department of Community Colleges and Workforce Development and the
Department of Higher Education may use appropriations from the General Fund to
implement agreements approved by the Joint Boards of Education that provide
direct aid to a student, or other incentives that encourage shared use of
facilities, programs and other resources of state institutions of higher
education and community colleges. [1977 c.306 §3; 1987 c.880 §16; 1997 c.249 §109;
1999 c.450 §1]
     Note: Sections 1 to 3, chapter 636, Oregon Laws
2005, provide:
     Sec.
1. Statewide articulation and transfer system. (1) Community colleges and state
institutions of higher education within the Oregon University System shall
cooperate in operating a statewide articulation and transfer system. The system
must include the means for articulating lower-division general education
credits, general elective credits and curriculum requirements for approved
majors in order to allow students to transfer between community colleges and
state institutions of higher education without losing credits that otherwise
would be applicable toward a baccalaureate degree. The system must ensure that
the post-secondary education needs of students statewide are met without
unnecessary duplication of courses.
     (2) In continuing to provide and improve
upon an effective articulation and transfer framework for students in
     (a) Revise the Associate of Arts Oregon Transfer
Degree offered by community colleges;
     (b) Develop specific degree pathways as
deemed appropriate by state institutions of higher education and community
colleges;
     (c) Develop an outcome-based framework for
articulation and transfer that is derived from a common understanding of the
criteria for general education curricula;
     (d) Develop a seamless transfer of credits
for all level 100 and 200 general education courses;
     (e) Implement a statewide course
applicability system that permits students and advisers to query and view
online credit transfer options and conduct online degree auditing;
     (f) Develop uniform standards for awarding
college credit for advanced placement test scores; and
     (g) Expand early college programs for 11th
and 12th graders who earn college credit and intend to pursue a certificate or
associate or baccalaureate degree.
     (3) In addition to the requirements of
subsection (2) of this section, community colleges and state institutions of
higher education may also implement other measures to create an effective
articulation and transfer framework for students. [2005 c.636 §1]
     Sec.
2. Report on system. (1) The
Oregon University System and the Department of Community Colleges and Workforce
Development shall submit a report of their progress on operating a statewide
articulation and transfer system that meets statewide post-secondary education
needs as required by section 1 of this 2005 Act to the Emergency Board and to
the legislative interim committee on education prior to January 1, 2007, and a
second progress report to the legislative interim committee on education prior
to January 1, 2009. The reports shall include:
     (a) A report on the progress of the Oregon
Transfer Module as approved by the State Board of Higher Education and the
State Board of Education; and
     (b) Recommendations for statutory changes
necessary to facilitate the transfer of students between post-secondary
institutions.
     (2) The Oregon University System and the
Department of Community Colleges and Workforce Development shall report
annually to the Joint Boards of Education on their progress on operating a
statewide articulation and transfer system that meets statewide post-secondary
education needs as required by section 1 of this 2005 Act. [2005 c.636 §2]
     Sec.
3. Sections 1 and 2 of this
2005 Act are repealed on January 2, 2010. [2005 c.636 §3]
     348.900
Needs assessment for health care occupations; evaluation of health care
education programs. (1) The
Employment Department, in consultation with health care industry employers,
shall perform a statewide and regional needs assessment for health care
occupations to identify emerging occupations and occupations for which there is
high demand or a shortage of workers. The assessment shall be performed as
necessary on a periodic basis, as determined by the department, in consultation
with industry employers. To perform the needs assessment, the department may
consider any reliable data sources available to the department.
     (2) Based on the needs assessment, the
Joint Boards of Education shall inform community colleges, state institutions
of higher education within the Oregon University System, Oregon Health and
     (3) When approving health care education
programs, the State Board of Education, the State Board of Higher Education and
the Oregon Health and Science University Board of Directors shall use the
statewide needs assessment to evaluate whether a program fulfills statewide
needs. If a board determines there is a statewide need, the board shall
facilitate the:
     (a) Coordination of new health care
education programs and existing health care education programs that are similar
to the new health care education programs to address the statewide need; and
     (b) Alignment of health care education
programs relating to statewide access, student transferability between
programs, course articulation and common student learning outcomes for health
care education programs.
     (4) In the development and approval of
health care education programs, community colleges, state institutions of
higher education, Oregon Health and Science University, the State Board of
Education, the State Board of Higher Education and the Oregon Health and
Science University Board of Directors shall consider issues related to
statewide access, student transferability between programs, course articulation
and common student learning outcomes for health care education programs. The
colleges, institutions, university and boards shall continue to provide and
improve upon an effective articulation and transfer framework for students in
     Note: 348.900 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 348 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
EDUCATION
COMMISSION OF THE STATES
     348.950
Education Commission of the States; members; dues. (1) If the state decides to participate in
the activities of the Education Commission of the States, it may pay the
appropriate dues. Other costs of membership may be paid from funds available
therefor.
     (2) The persons appointed to represent the
state in activities of the commission shall be appointed as follows:
     (a) Three by the Governor, to serve at the
pleasure of the Governor.
     (b) Two by the President of the Senate,
who shall be members of the Senate, to serve at the pleasure of the President
of the Senate and until the convening of the regular session of the Legislative
Assembly next following the appointment who are entitled to payment of
compensation and expense reimbursement under ORS 171.072, payable from funds
appropriated to the Legislative Assembly.
     (c) Two by the Speaker of the House of
Representatives, who shall be members of the House of Representatives, to serve
at the pleasure of the Speaker of the House and until the convening of the
regular session of the Legislative Assembly next following the appointment who
are entitled to payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative Assembly. [Formerly
189.110; 1987 c.879 §13]
PENALTIES
     348.990 [Derived from 351.990; 1979 c.308 §6;
repealed by 1997 c.652 §63]
     348.992
Criminal penalty. Violation
of any of the provisions of ORS 348.594 to 348.615 by any person individually
or on behalf of an organization or group is a Class B misdemeanor. [1997 c.652 §15;
1999 c.59 §97]
CHAPTERS 349 AND 350 [Reserved for expansion]
_______________
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