2009 Oregon Code :: TITLE 18
TITLE 18
EXECUTIVE BRANCH; ORGANIZATION
Chapter 176. Governor
177. Secretary of State
178. State Treasurer
179. Administration of State Institutions
180. Attorney General; Department of Justice
181. State Police; Crime Reporting and Records; Public Safety Standards and Training
182. State Administrative Agencies
183. Administrative Procedures Act; Legislative Review of Rules; Civil Penalties
184. Administrative Services and Transportation Departments
185. Oregon Disabilities Commission; Commissions on Hispanic Affairs, Black Affairs and Asian Affairs; Commission for Women
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Chapter 176 — Governor
2009 EDITION
GOVERNOR
EXECUTIVE BRANCH; ORGANIZATION
GENERAL PROVISIONS
176.010 Commencement of term; inauguration
176.020 Cessation of term
176.110 Actions of Governor-elect; budget report; tax expenditure report; expenses
176.250 Service of subpoena upon Governor
LAW ENFORCEMENT MEDAL OF HONOR
176.260 Award of medal
176.262 Governor’s Commission on the Law Enforcement Medal of Honor; rules
176.264 Law Enforcement Medal of Honor Account
DISABILITY OF GOVERNOR
176.300 Temporary transfer of power
176.303 Disability evaluation panel
176.306 Convocation of disability evaluation panel
176.309 Disability evaluation panel procedures
176.312 Finding of disability; finding that disability has ceased
PROCLAMATIONS
(Death of Unknown Persons)
176.740 Governor’s proclamation; presumption for missing person; death certificate
(Energy Resources Emergency Powers)
176.750 “Energy resources” defined
176.755 Policy
176.760 Information to be available to Governor
176.765 Confidentiality of information; use; liability
176.770 Curtailment priorities
176.775 Content of Governor’s proclamation of lack of energy resource or resource emergency
176.780 Action authorized by proclamation under ORS 176.775
176.785 Proclamation of state of emergency
176.790 Duration of emergency under proclamation; renewal or extension of proclamation
176.795 Actions authorized by proclamation under ORS 176.785
176.800 Construction of ORS 176.750 to 176.815
176.805 Status of proclamation, order or directive as rule; judicial review
176.809 Governor’s energy emergency contingency plan
176.815 Cooperation with local governments
176.820 State Department of Energy Account
PENALTIES
176.990 Penalties
CROSS-REFERENCES
Reports to Governor
Adjutant General, Oregon National Guard (annual, by November 1), 396.160
Adult Offender Supervision, Interstate Commission for, activities and recommendations (annual), 144.600 (Article V)
Agriculture, Department of, environmental justice (annual), 182.550
Agriculture, Director of, activities related to weights and measures (annual), 618.021
Agriculture, State Board of (biennial), 561.378
Alcohol and Drug Policy Commission, plan for funding and delivering treatment and prevention services (by May 1, 2010), 2009 c.856 §3
Appointing authorities, diversity of individuals appointed to fill vacancies in governmental office (annual), 236.115
Asian Affairs, Commission on, needs of Asian Americans (biennial), 185.620
Asset Forfeiture Oversight Committee, civil forfeitures (annual, by March 31), 131A.455
Attorney General, extradition (at Governor’s request), 133.757
Audits, Division of, loss of public funds or property involving public office, 297.120
Business Development Commission, Oregon
Director’s performance, recommendations (periodic), 285A.070
Economic development efforts, success (biennial), 285A.050
Business Development Department, Oregon, financial statements for individual funding programs (annual), 285A.206
Child Care, Commission for (biennial), 657A.600
Children and Families, State Commission on
Service system status and additional proposals (biennial), 417.735
Voluntary statewide early childhood system, joint report (January each odd-numbered year), 417.728
Children’s Wraparound Initiative Advisory Committee, progress toward and costs of implementing initiative (biennial), 418.985
Climate Change Research Institute, Oregon, climate change assessment (biennial), 352.247
College Savings Board, Oregon 529, activities (by February 1 each odd-numbered year), 348.873
Community Colleges and Workforce Development, Department of
Outcomes of and recommendations for Oregon Career Readiness Certification Program (annual, by December 1), 660.343
Plant closings and mass layoffs (annual), 285A.522
Corrections Enterprises, Oregon, activities and operations (annual), 421.367
Debt Policy Advisory Commission, State, consolidated bond profile, outstanding debt and net borrowing capacity (annual), 286A.255
Disabilities Commission, Oregon, activities and recommendations (annual), 185.150
Education, Department of
Alcohol and drug abuse policies and implementation plans, 336.245
Environmental justice (annual), 182.550
Voluntary statewide early childhood system, joint report (January each odd-numbered year), 417.728
Education, State Board of, review of faculty employment (annual, by September 30), 351.708
Employment Department
Replacement of Unemployment Compensation Administration Fund moneys, director (as necessary), 657.825
Voluntary statewide early childhood system, joint report (January each odd-numbered year), 417.728
Employment Relations Board, labor disputes (at Governor’s request), 662.425
Energy, Director of State Department of
Radioactive material transportation (biennial), 469.617
Transactions of loan and sinking funds (biennial), 470.140
Energy, State Department of, comprehensive energy plan (each odd-numbered year), 469.060
Environmental Justice Task Force, progress, issues (annual), 182.538
Environmental Quality, Department of
Accomplishments and goals (annual, by January 15), 465.235
Environmental justice (annual), 182.550
Facilities Authority, Oregon (annual), 289.240
Film and Video Office, Oregon, activities and operations (biennial), 284.335
Fire Marshal, State
Environmental justice (annual), 182.550
Summary of hazardous substance emergencies (annual), 453.342
Fire Service Policy Council, Governor’s, overall performance of office of State Fire Marshal (biennial), 476.685
Fish and Wildlife Commission, State, activities (biennial), 496.128
Fish and Wildlife, State Department of
Environmental justice (annual), 182.550
Fish passage, director (periodic), 509.595
Natural production of anadromous fish runs (semiannual), 496.480
Forester, State
Forestry management programs (biennial), 526.255
Woody biomass collection and conversion (triennial), 526.280
Forestry Department, State, environmental justice (annual), 182.550
Geology and Mineral Industries, State Department of, environmental justice (annual), 182.550
Health Licensing Agency, Director of Oregon, activities of agency (periodic), 676.611
Health Policy and Research, Administrator of Office for Oregon, hospital community benefits (annual), 442.205
Health professional regulatory board, executive director of, activities of board (periodic), 676.306
Health Services Commission, health services priorities, list (by July 1 each even-numbered year), 414.720
Higher Education, State Board of
Proposed budget (biennial), 351.090
Review of faculty employment (annual, by September 30), 351.708
Historic Preservation Officer, State, financial condition and operation of Historic Preservation Revolving Loan Fund (annual), 358.678
Human Services, Department of
Developmental Disabilities Community Housing Fund, revenues and expenditures (biennial), 427.340
JOBS Plus Program analysis, recommendations (annual), 411.896
Voluntary statewide early childhood system, joint report (January each odd-numbered year), 417.728
Human Services, Director of, planning and policy formulation (periodic), 409.160
Independent Multidisciplinary Science Team, Oregon Plan (annual), 541.409
Indian Services, Commission on, all matters of concern to Indians (biennial), 172.120
Injured workers, ombudsman for, services provided, recommendations (at least once each quarter), 656.709
Innovation Council, Oregon (annual), 284.715
Interagency Compliance Network, members of, activities (biennial), 670.705
Interagency Coordinating Council, State, status of early intervention programs (annual), 343.499
Investment Council, Oregon, investment funds investment program (biennial, and as necessary), 293.771
JOBS Plus Advisory Board, program status and progress (annual), 411.888
Judicial Conference of the State of Oregon (annual), 1.840
Justice, Department of
Activities (biennial), 147.205
Matters referred by Governor, 180.520
Juvenile Crime Prevention Advisory Committee, progress (periodic), 417.850
Klamath River Basin Compact Commission, finances and activities (annual), 542.620 (Article IX)
Korean American Day Commission (by February 1 each odd-numbered year), 2007 c.68 §2
Land Conservation and Development, Department of, environmental justice (annual), 182.550
Lands, Department of State, environmental justice (annual), 182.550
Long Term Care Ombudsman, office of (semiannual), 441.109
Lottery Commission, Oregon State
Budget report (annual), 461.140
Operation of state lottery (quarterly and annual), 461.100
Lottery, Director of the Oregon State, lottery game demographics, advertising, security (periodic), 461.180
Marine Board, State, environmental justice (annual), 182.550
Minority, Women and Emerging Small Business, Advocate for, status of minorities and women in marketplace, recommendations (annual), 200.025
Multistate Tax Commission, activities (annual), 305.655 (Article VI)
Natural resource agencies, directors, environmental justice (annual), 182.550
Nearshore Research, Task Force on, recommendations for legislation (by August 1, 2010), 2009 c.884 §1
Ombudsman services, persons performing, summary of services, recommendations (at least once each quarter), 182.500
Oregon Community Power, board of directors, activities and operations, audit summary (annual, by April 15), 757.842
Oregon Health and Science University
Activities and operations (annual, by April 15), 353.080
Impact of Oregon Opportunity program on Oregon Health and Science University, task force on, findings (by June 30 each even-numbered year), 353.563
Oregon Health Authority
Alcohol and drug abuse policies and implementation plans for school districts (biennial), 336.245
Community Mental Health Housing Fund, revenues and expenditures (biennial), 426.506
Environmental justice (annual), 182.550
Impaired health professional program (by January 31, 2011), 2009 c.828 §75
Mental health treatment and services (biennial), 430.640
Results of third-party audits of impaired health professional program and monitoring entity for impaired professionals (as necessary), 676.190, 676.195
Tobacco Use Reduction Account grants (biennial), 431.836
Voluntary statewide early childhood system, joint report (January each odd-numbered year), 417.728
Oregon University System, alcohol and drug abuse policies and implementation plans, 336.245
Pacific Northwest Electric Power and Conservation Planning Council, review of actions (annual, on October 1), 469.845
Parks and Recreation Department, State, designation of scenic waterways (periodic), 390.855
Parks and Recreation Director, State, activities of State Advisory Committee on Historic Preservation (biennial), 358.687
Performance Excellence, Committee on, achievements of state agencies (periodic), 182.565
Pest Control Insurance Fund, activities (annual), 570.650 (Article IV)
Pharmacy, State Board of, receipt and expenditure of additional moneys (periodic), 689.135
Public Safety Memorial Fund Board, activities (biennial), 243.970
Public Safety Standards and Training, Board on, evaluation of director’s implementation of policy and standards (annual), 181.635
Public Utility Commission, environmental justice (annual), 182.550
Quality Education Commission, current and best education practices (by July 31 each even-numbered year), 327.506
Racing Commission, Oregon, activities (annual, by January 31), 462.260
Revenue, Director of the Department of, revenue raising functions of state agencies (biennial), 305.025
School Safety, Center for, status of school safety (annual, by July 1), 339.331
Secretary of State
Audits of state agencies (as necessary), 297.210
School district and education service district audits, 326.133
State Accident Insurance Fund Corporation and Industrial Accident Fund, audit and review (annual), 656.772
Seismic Safety Policy Advisory Commission, earthquake hazards, 401.918
Semi-independent state agencies, operations (by January 1 each even-numbered year), 182.472
Small business, ombudsman for, services provided, recommendations (at least once each quarter), 656.709
Spinal Cord Injury Research Board, status of funds, research progress (by January 1 each odd-numbered year), 431.292
State Accident Insurance Fund Corporation, board of directors, activities and operations (annual, by April 15), 656.751
State agencies
Administrative reports, work performance (periodic), 291.018
Affirmative action objectives, performance (biennial), 659A.012
Bonded indebtedness (biennial), 286A.035
Programs of state agency that affect Indian tribes (annual, by December 15), 182.166
Real property and facility maintenance account (biennial), 276.285
Transportation Commission, Oregon, legislative, budgetary and administrative programs related to transportation, 184.635
Transportation, Department of, environmental justice (annual), 182.550
Travel Information Council, activities and operations (annual), 377.838
Treasurer, State, investment of moneys in Oregon Growth Account (annual), 348.703
University of Oregon, implementation, progress and results of Early Success Reading Initiative (annual), 329.837
Utility Notification Center, board of directors of Oregon, activities and operations (annual, by April 15), 757.562
Veterans’ Affairs, Director of, Advisory Committee, administration of office of the director (annual), 406.220
Veterans’ Reintegration, Task Force on, findings and recommendations (by October 1, 2010), 2009 c.814 §1
Volunteers Commission for Voluntary Action and Service, Oregon, activities and recommendations (biennial), 458.568
Water Resources Commission, transactions of Water Development Fund and Bond Sinking Fund (biennial), 541.855
Water Resources Department, environmental justice (annual), 182.550
Watershed Enhancement Board, Oregon, Oregon Plan, implementation (regularly), implementation and effectiveness (by January 15 each odd-numbered year), 541.420
Western Interstate Commission for Higher Education, activities (annual, by January 15), 351.780 (Article VII)
Women, Commission for, concerns and issues confronting women (biennial), 185.510
Women Veterans’ Health Care, Task Force on, findings and recommendations (by October 1, 2010), 2009 c.699 §1
GENERAL PROVISIONS
176.010 Commencement of term; inauguration. The official term of the Governor shall commence upon the publication of the returns by the Speaker of the House of Representatives, as provided in section 4, Article V, Oregon Constitution; or in case of an election of the Governor by the Legislative Assembly, as provided in section 5, Article V, Oregon Constitution, the official term of the Governor shall commence immediately upon such election; and the Governor shall be inaugurated by taking the oath of office.
176.020 Cessation of term. The term of office of the Governor ceases when the successor of the Governor, having been declared elected by the Legislative Assembly as provided in the Constitution, is inaugurated by taking the oath of office.
176.030 [Renumbered 176.510]
176.040 [1959 c.672 §1; 1969 c.391 §13; repealed by 2009 c.77 §6]
176.050 [1959 c.672 §2; 2005 c.22 §123; 2007 c.70 §40; repealed by 2009 c.77 §6]
176.110 Actions of Governor-elect; budget report; tax expenditure report; expenses. (1) The person elected to the office of Governor may take any action prior to the date the official term of office commences that is necessary to enable the Governor to exercise on such date the powers and duties of the office of Governor.
(2) The Governor-elect shall cause the budget report and the tax expenditure report for the biennium beginning July 1 of the year in which the Governor takes office to be compiled and prepared for printing as required in ORS 291.222.
(3) All necessary expenses of the Governor-elect incurred in carrying out the provisions of this section shall be audited by the Secretary of State and paid from any funds appropriated for this purpose in the same manner as other claims against the state are paid. [1965 c.80 §1; 1969 c.464 §1; 1995 c.746 §73]
176.250 Service of subpoena upon Governor. Notwithstanding any provision of the Oregon Rules of Civil Procedure or other laws of this state, service of subpoena upon the Governor shall be made by delivering a copy to the legal counsel to the Governor or, in the legal counsel’s absence, an assistant to the Governor. [1983 c.82 §3]
LAW ENFORCEMENT MEDAL OF HONOR
176.260 Award of medal. (1) The Law Enforcement Medal of Honor is established. Upon nomination by the Governor’s Commission on the Law Enforcement Medal of Honor established in ORS 176.262, the Governor may award the medal in the name of the state to a law enforcement officer who has been distinguished by exceptionally honorable and meritorious conduct. The medal may be awarded posthumously to a representative of the deceased law enforcement officer.
(2) The medal shall be bronze and consist of a police shield overlaid by a sheriff’s star with the seal of the State of Oregon in the center and the words “Law Enforcement Medal of Honor” within the design. The medal shall be suspended from a ring that is attached to a navy blue ribbon with a gold edge or a green ribbon with a gold edge. The recipient of the medal may choose the color of the ribbon. The reverse side of the medal shall be inscribed with the words “For exceptionally honorable and meritorious conduct in performing services as a law enforcement officer.” [2005 c.284 §1]
176.262 Governor’s Commission on the Law Enforcement Medal of Honor; rules. (1) The Governor’s Commission on the Law Enforcement Medal of Honor is established consisting of six members appointed by the Governor as follows:
(a) One member shall be a representative of the Governor’s office;
(b) One member shall be a representative of the Department of Public Safety Standards and Training;
(c) One member shall be a representative of the Oregon Association Chiefs of Police;
(d) One member shall be a representative of the Oregon State Sheriffs’ Association;
(e) One member shall be a representative of a statewide organization of police officers; and
(f) One member shall be a representative of a statewide organization of peace officers.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) The commission shall:
(a) Adopt rules establishing qualifications for nomination as a recipient of the Law Enforcement Medal of Honor;
(b) Meet at least once every six months to consider candidates for nomination for the Law Enforcement Medal of Honor; and
(c) Nominate candidates for the Law Enforcement Medal of Honor.
(4) The Department of Public Safety Standards and Training shall provide staff for the commission.
(5) The commission may seek and accept contributions of funds and assistance from any source for the purpose of carrying out the provisions of ORS 176.260. All funds received by the commission under this subsection shall be paid into the State Treasury and deposited into the Law Enforcement Medal of Honor Account established in ORS 176.264.
(6) A member of the commission is not entitled to compensation nor to reimbursement for travel and other expenses incurred in the performance of duties as a member of the commission. [2005 c.284 §2; 2007 c.329 §1]
176.264 Law Enforcement Medal of Honor Account. The Law Enforcement Medal of Honor Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The account consists of moneys deposited in the account under ORS 176.262. Moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in purchasing and awarding the Law Enforcement Medal of Honor under ORS 176.260. [2005 c.284 §3]
DISABILITY OF GOVERNOR
176.300 Temporary transfer of power. The Governor may at any time declare that the Governor expects to be temporarily disabled for a period of time and will not be able to discharge the duties of the office during that period of time. The Governor shall indicate the date and time that the period of disability will commence, and an estimate of the length of time during which the Governor will be disabled. Upon the date and time specified by the Governor, the person charged with assuming the duties of the office under Article V, section 8a of the Oregon Constitution, shall commence serving as Acting Governor. Upon the Governor declaring that the period of disability has ended, the Acting Governor shall immediately cease to perform those duties and the Governor shall resume performance of the duties of the office of Governor. [2009 c.77 §1]
176.303 Disability evaluation panel. (1) A disability evaluation panel consists of the following five members:
(a) The Chief Justice of the Oregon Supreme Court. If the Chief Justice is unable or unwilling to serve on the panel when the panel is convoked, the Chief Judge of the Court of Appeals shall serve as a member instead of the Chief Justice.
(b) A judge serving on the Oregon Supreme Court, or the Court of Appeals, designated by the Governor in the manner provided by subsection (2) of this section.
(c) A person who is licensed as a physician under ORS chapter 677, designated by the Governor in the manner provided by subsection (3) of this section.
(d) A person who is licensed as a physician under ORS chapter 677, designated by the dean of the Oregon Health and Science University School of Medicine in the manner provided by subsection (4) of this section. To the extent possible, the designee shall have the appropriate expertise to determine whether the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office.
(e) A person who is licensed as a physician under ORS chapter 677, designated by the Director of Human Services in the manner provided by subsection (5) of this section. To the extent possible, the designee shall have the appropriate expertise to determine whether the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office.
(2) As soon as possible after taking the oath of office, the Governor shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(b) of this section. The Governor shall also designate at that time a first and second alternate for the position with the qualifications specified in subsection (1)(b) of this section to serve in the event that the person designated by the Governor is unable or unwilling to serve on the panel when the panel meets. The Governor shall file the names of the member and alternates designated under this section with the Secretary of State.
(3) As soon as possible after taking the oath of office, the Governor shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(c) of this section. The Governor shall also designate at that time a first and second alternate for the position with the qualifications specified in subsection (1)(c) of this section to serve in the event that the person designated by the Governor is unable or unwilling to serve on the panel when the panel meets. The Governor shall file the names of the member and alternates designated under this section with the Secretary of State.
(4) As soon as possible after the disability evaluation panel is convoked, the dean of the Oregon Health and Science University School of Medicine shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(d) of this section. The dean shall also designate at that time a first, second and third alternate for the position with the qualifications specified in subsection (1)(d) of this section to serve in the event that the person designated by the dean is unable or unwilling to serve on the panel when the panel is convoked. The dean shall file the names of the member and alternates designated under this section with the Secretary of State.
(5) As soon as possible after the disability evaluation panel is convoked, the Director of Human Services shall designate a person to serve as a member on the disability evaluation panel under subsection (1)(e) of this section. The director shall also designate at that time a first, second and third alternate for the position with the qualifications specified in subsection (1)(e) of this section to serve in the event that the person designated by the director is unable or unwilling to serve on the panel when the panel meets. The director shall file the names of the member and alternates designated under this section with the Secretary of State.
(6) The Governor may change any designation made by the Governor under subsections (2) and (3) of this section at any time before the disability evaluation panel is convoked by filing a new designation with the Secretary of State. [2009 c.77 §2]
176.306 Convocation of disability evaluation panel. (1) A convocation of the disability evaluation panel shall be convoked if requested by at least two of the following persons:
(a) The Secretary of State;
(b) The State Treasurer;
(c) The President of the Senate;
(d) The Speaker of the House of Representatives; or
(e) The chief of staff for the Governor.
(2) A request for convocation of the disability evaluation panel must be in writing and filed with the Secretary of State. The request is effective upon filing. The request must indicate that the persons making the request believe that the Governor is suffering from a physical or mental disability that prevents the Governor from discharging the duties of the office. [2009 c.77 §3]
176.309 Disability evaluation panel procedures. (1) As soon as possible after a disability evaluation panel is convoked, the panel shall meet and examine whether the Governor is unable to discharge the duties of the office by reason of a physical or mental disability. The members of the panel who are physicians, or other physicians appointed by the panel, shall conduct a medical examination of the Governor if possible.
(2) Meetings of the disability evaluation panel are not subject to ORS 192.610 to 192.690. Except for the panel’s determination, records of the panel are not subject to disclosure under ORS 192.410 to 192.505. [2009 c.77 §4]
176.312 Finding of disability; finding that disability has ceased. (1) A disability evaluation panel shall find that the Governor is unable to discharge the duties of the office if four or more members of the panel vote in the affirmative for that finding.
(2) If a disability evaluation panel finds that the Governor is unable to discharge the duties of the office, the panel shall give written notice to the person next in line of succession to the office of Governor. After receiving the notification the person shall assume the duties of the office as Acting Governor under the provisions of section 8a, Article V of the Oregon Constitution.
(3) If a disability evaluation panel finds that the Governor is unable to discharge the duties of the office, the Governor may request at any time while the Acting Governor is performing the duties of the office that a disability evaluation panel be convoked for the purpose of determining whether the Governor is able again to discharge the duties of the office. As soon as possible after the request is received, the panel shall meet and reexamine whether the Governor is unable to discharge the duties of the office. The examination shall be conducted in the manner provided by ORS 176.309, except that the panel shall find that the Governor is able again to discharge the duties of the office if three or more members of the panel vote in the affirmative for that finding. [2009 c.77 §5]
176.510 [Formerly 176.030; repealed by 1983 c.82 §4]
176.610 [1969 c.597 §2; repealed by 1971 c.301 §26 and by 1971 c.319 §11 and by 1971 c.401 §120]
176.620 [1969 c.597 §3; repealed by 1971 c.319 §11]
176.630 [1969 c.597 §4; 1971 c.319 §4; renumbered 184.765]
176.650 [1971 c.686 §1; repealed by 1973 c.1 §1]
176.660 [1971 c.686 §10; repealed by 1973 c.1 §1]
176.670 [1971 c.686 §8; repealed by 1973 c.1 §1]
176.680 [1971 c.686 §2; repealed by 1973 c.1 §1]
176.690 [1971 c.686 §3; repealed by 1973 c.1 §1]
176.700 [1971 c.686 §4; repealed by 1973 c.1 §1]
176.710 [1971 c.686 §5; repealed by 1973 c.1 §1]
176.720 [1971 c.686 §6; repealed by 1973 c.1 §1]
176.730 [1971 c.686 §7; repealed by 1973 c.1 §1]
PROCLAMATIONS
(Death of Unknown Persons)
176.740 Governor’s proclamation; presumption for missing person; death certificate. (1) The Governor may proclaim that a natural disaster or an act of war, terrorism or sabotage has caused the death of unknown persons on a specific date at a specific place.
(2) For the purposes of any civil or administrative proceeding, there is a presumption that a missing person is dead if it is shown that:
(a) The person was at or near the place described in a proclamation under this section on the date specified in the proclamation; and
(b) The person’s absence cannot be satisfactorily explained after diligent search.
(3) In administering the estate of an absentee under ORS chapter 117, the court may enter an order directing the State Medical Examiner to deposit a death certificate with the county registrar for a decedent presumed to be dead under this section. The county registrar may not charge a fee for depositing a death certificate under this subsection or for issuing a copy of a death certificate deposited under this subsection. The State Medical Examiner shall indicate on the death certificate that the death certificate was issued pursuant to an order entered under this section.
(4) This section does not establish, limit or abrogate the special peril doctrine. [2003 c.560 §1]
(Energy Resources Emergency Powers)
176.750 “Energy resources” defined. As used in ORS 176.750 to 176.815, unless the context requires otherwise, “energy resources” includes electricity, natural gas, petroleum, coal, wood fuels, geothermal sources, radioactive materials and any other resource yielding energy. [1974 c.5 §2]
176.755 Policy. (1) The Legislative Assembly finds that the lack of energy resources and other energy resource emergencies may threaten the availability of essential services and transportation, and the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon.
(2) The Legislative Assembly finds it necessary to provide an orderly procedure for anticipating and responding to energy resource shortages and to grant, under conditions prescribed in ORS 176.750 to 176.815, emergency powers to order involuntary curtailments in the use of energy resources to the Governor and other state and local officers.
(3) The Legislative Assembly declares it the policy of Oregon to assist the President of the United States in effective management and control of such factors and situations as contribute to an emergency affecting or likely to affect Oregon; to cooperate with other states in matters related to an emergency affecting or likely to affect Oregon; to meet extraordinary conditions in Oregon arising out of the crisis, by taking such steps as are necessary and appropriate; and generally to protect the peace, health, safety and welfare of the people of Oregon. [1974 c.5 §1]
176.760 Information to be available to Governor. (1) On a continuing basis the Governor may obtain all necessary information from energy resource producers, suppliers and consumers, doing business within Oregon, and from political subdivisions in this state, as necessary for the Governor to determine whether shortages or an emergency will require energy resource conservation measures. Such information may include, but is not limited to:
(a) Sales volumes.
(b) Forecasts of energy resource requirements.
(c) Inventory of energy resources.
(d) Local distribution patterns of information under paragraphs (a) to (c) of this subsection.
(2) In obtaining information at any time from energy resource producers or suppliers under subsection (1)(c) of this section, and in obtaining any other information under subsection (1) of this section during a state of emergency proclaimed under ORS 176.775 to 176.785, the Governor may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, administer oaths, and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts, to obtain information relevant to energy resources that are the subject of the proclaimed emergency.
(3) In obtaining information under this section the Governor:
(a) Shall seek to avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state or local regulatory authority that is available for the study of the Governor; and
(b) Shall cause reporting procedures, including forms, to conform to existing requirements of federal, state and local regulatory authorities. [1974 c.5 §3; 1975 c.601 §1]
176.765 Confidentiality of information; use; liability. (1) Notwithstanding any other law, information furnished under ORS 176.760 and designated by that person as confidential, shall be maintained as confidential by the Governor and any person who obtains information which the person knows to be confidential under ORS 176.750 to 176.815. The Governor shall not make known in any manner any particulars of such information to persons other than those specified in subsection (4) of this section. No subpoena or judicial order may be issued compelling the Governor or any other person to divulge or make known such confidential information, except when relevant to a prosecution for violation of subsection (5) of this section.
(2) Nothing in this section prohibits use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons.
(3) Any person who is served with a subpoena to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or other documents or records as provided in ORS 176.750 to 176.815 may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C.
(4) References to the Governor in this section include only individuals designated for this purpose in writing by the Governor.
(5) In addition to any penalties under ORS 176.990, a person who discloses confidential information in violation of this section willfully or with criminal negligence, as defined by ORS 161.085, may be subject, notwithstanding any other law, to removal from office or immediate dismissal from public employment. [1974 c.5 §4; 1977 c.358 §8; 1979 c.284 §119]
176.770 Curtailment priorities. In consultation with appropriate federal, state officials and officials of political subdivisions in this state the Governor, unless otherwise provided by law, shall cause to be established, and revised as appropriate, standby priorities for curtailment in the use of energy resources. However, involuntary curtailments may be ordered only by means of executive orders issued under ORS 176.750 to 176.815. [1974 c.5 §5]
176.775 Content of Governor’s proclamation of lack of energy resource or resource emergency. Whenever the Governor declares by proclamation that lack of an energy resource or any energy resource emergency threatens or is likely to threaten the availability of essential services, transportation or the operation of the economy, the Governor shall state the nature of the energy resource shortage or emergency. [1974 c.5 §6]
176.780 Action authorized by proclamation under ORS 176.775. Whenever the Governor has issued a proclamation under ORS 176.775, the Governor may by executive order direct actions:
(1) Reducing energy resource usage by state agencies and political subdivisions in this state.
(2) Promoting conservation, prevention of waste and salvage of energy resources and the materials, services and facilities derived therefrom or dependent thereon, by state agencies and political subdivisions in this state.
(3) Directing the establishment by state agencies and political subdivisions in this state of programs necessary to implement and comply with federal energy conservation programs, including but not limited to allocation or rationing of energy resources and the distribution of the state’s discretionary allotments. [1974 c.5 §7; 2003 c.14 §71]
176.785 Proclamation of state of emergency. Whenever the Governor determines that an existing or imminent severe disruption in the supply of one or more energy resources, in Oregon or elsewhere, threatens the availability of essential services, transportation or the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon, after consultation with the President and majority and minority leaders of the Senate and the Speaker and majority and minority leaders of the House of Representatives, the Governor may by proclamation declare that a state of emergency exists with regard to such resources. In the proclamation, the Governor shall recite with specificity the nature of the severe disruption in the supply of one or more energy resources. [1974 c.5 §8]
176.790 Duration of emergency under proclamation; renewal or extension of proclamation. (1) A proclamation of emergency and all orders and rules issued as a result of the proclamation under ORS 176.750 to 176.815 shall continue in effect for 30 days unless the Governor rescinds it and declares the emergency ended before the expiration of the 30-day period.
(2) A proclamation may be renewed or extended only by joint resolution of the Legislative Assembly unless 60 days have elapsed from the date of the original proclamation. [1974 c.5 §8a]
176.795 Actions authorized by proclamation under ORS 176.785. (1) During any emergency proclaimed under ORS 176.785, the Governor by executive order may order involuntary curtailments, adjustments or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers. However, the Governor may not order such curtailments, adjustments or allocations which discriminate within any class of consumers. It is the intent of the Legislative Assembly that any such curtailments, adjustments and allocations be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy; and that all such curtailments, adjustments and allocations be applied as uniformly as practicable within each class of suppliers and consumers.
(2) Any involuntary curtailments of electrical or natural gas load, pursuant to subsection (1) of this section, shall be made by executive order to the Public Utility Commission of Oregon requiring the commission to implement plans for curtailment adopted pursuant to ORS 757.710 to 757.730.
(3) In addition to orders issued pursuant to subsection (1) of this section, the Governor by executive order may:
(a) Modify transportation routes and schedules as necessary to conserve energy resources to the extent permissible under federal law and regulations.
(b) Specify the times and manner in which energy resources are supplied or consumed, consistent with the restrictions imposed by subsection (1) of this section.
(4) Any restrictions or involuntary curtailments, adjustments or allocations ordered, except those ordered under ORS 176.775 and 176.780, shall give due consideration to the needs of commercial, retail, professional and service establishments whose normal function is to supply goods or services or both of an essential nature including but not limited to food, lodging, fuel, medical care facilities, during times of the day other than conventional daytime working hours.
(5) During an emergency proclaimed under ORS 176.785, the Governor by executive order may prescribe and direct activities promoting the conservation, prevention of waste and salvage of energy resources and the materials, services and facilities derived therefrom or dependent thereon. [1974 c.5 §§9,11]
176.800 Construction of ORS 176.750 to 176.815. (1) Nothing in ORS 176.750 to 176.815 is intended as a delegation of legislative responsibility for the appropriation or authorization of expenditure of public funds, as provided in the Constitution and laws of this state.
(2) The powers vested in the Governor under ORS 176.750 to 176.815 are in addition to, and not in lieu of, emergency powers vested in the Governor under ORS chapter 401 or any other law of Oregon.
(3) It is the intent of the Legislative Assembly that if ORS 176.750 to 176.815 and 176.990 are held unconstitutional as applied to contracts executed before February 26, 1974, ORS 176.750 to 176.815 and 176.990 nevertheless are effective with respect to contracts executed on or after February 26, 1974, and with respect to renewals or extensions of existing contracts on or after February 26, 1974. [1974 c.5 §§10,14,15; 2009 c.718 §38]
176.805 Status of proclamation, order or directive as rule; judicial review. (1) Any proclamation, executive order or directive issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a rule subject to ORS chapter 183, except that jurisdiction for judicial determination of the validity thereof pursuant to ORS 183.400 is conferred upon the Court of Appeals.
(2) Any such proceeding in the Court of Appeals shall be given precedence on the docket over all other cases, except prior cases arising under ORS 176.750 to 176.815 and 176.990. The court may appoint a master to take evidence and make proposed findings of fact and conclusions of law in such case. [1974 c.5 §12]
176.809 Governor’s energy emergency contingency plan. (1) The Governor, in consultation with the State Department of Energy and the Oregon Business Development Department, shall compile existing data and prepare an extensive statewide contingency plan to maintain emergency services, continue productivity and reduce hardship during an energy emergency.
(2) As used in this section, “energy emergency” means a severe fuel oil shortage caused by international market conditions or hostilities, or any other emergency threatening the availability of any energy resource necessary to maintain essential services and transportation, the shortage of which jeopardizes the health, safety and welfare of the people of the State of Oregon. [1981 c.597 §2]
176.810 [1974 c.59 §2; 1975 c.606 §14; renumbered 176.820]
176.815 Cooperation with local governments. (1) The Governor shall solicit suggestions and recommendations from local governments in preparing the statewide contingency plan under ORS 176.809.
(2) The contingency plan developed by the Governor under ORS 176.809 shall utilize, with the approval of the local governments, the services and facilities of local governments to implement the plan. [1981 c.597 §3]
176.820 State Department of Energy Account. There is continuously appropriated from the Motor Vehicle Division Account to the State Department of Energy, for deposit in the State Department of Energy Account, sufficient moneys for the payment of expenses incurred under chapter 606, Oregon Laws 1975, subject to limitations on payment of expenses as approved under legislative authority. [Formerly 176.810; 2003 c.186 §9]
Note: Legislative Counsel has substituted “chapter 606, Oregon Laws 1975” for the words “this 1975 Act” in section 14, chapter 606, Oregon Laws 1975, compiled as 176.820. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1975 Comparative Section Table located in Volume 20 of ORS.
PENALTIES
176.990 Penalties. (1) Violation of ORS 176.765 (5) is a Class A violation.
(2) Any person who willfully fails or neglects to comply with an executive order issued under ORS 176.750 to 176.815, or a directive of the Governor implementing such an executive order, shall forfeit and pay into the State Treasury a civil penalty not to exceed $1,000 for each such failure for each day such failure persists.
(3) In addition to or in lieu of the civil penalty available under subsection (2) of this section, the Governor may direct the reduction or termination of supply of any or all energy resources being supplied to the noncomplying party by any person or political subdivisions in this state whose activities in furnishing energy resources are subject to allocation, rationing, regulation or other control under ORS 176.750 to 176.815 or any other law of Oregon. A noncomplying party is entitled to restoration of supply as soon as the party has achieved compliance.
(4) The Governor may apply to any circuit court for appropriate equitable relief against any person who violates or fails to carry out an executive order or directive under ORS 176.750 to 176.815. [1974 c.5 §13; 1999 c.1051 §164]
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