Oregon Revised Statutes
Any member of a state board or commission appointed by the Governor who fails to attend two consecutive meetings of the board or commission, whether regular, adjourned or special, shall forfeit office unless the member is prevented from attending by the serious illness of a member or the family of the member or for any other cause that in the judgment of the…
The secretary or clerk of every state board and commission shall: Give the members of the board or commission at least 10 days’ notice, in writing, of the date and place of each regular, adjourned or special meeting. Report to the Governor the names of all members who fail to attend any meeting of the board or commission.
No state department, board or commission shall knowingly employ any person who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the Government of the United States or of the State of Oregon. Any person employed by any state department, board or commi…
If an agency of state government, as defined in ORS 174.111, conducts a criminal records check of a person for the purposes of employment by the agency, the agency shall conduct the criminal records check through the Department of State Police. A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section.…
All state boards and commissions that are supported by fees, fines, licenses or taxes or other forms of income not derived from a direct tax on tangible property shall pay the various counties of the State of Oregon the same fees required of others for services rendered. ORS 182.040 to 182.060 do not apply to: Except for those fees required in ORS 205.320,…
No state board or commission affected by the provisions of ORS 182.040 and 182.060 shall be required at the time of ordering the performance of any services for which a fee or charge may be collected by the county to pay the collectible fee or charge in advance or at the time the services are rendered. The county clerk or other officer performing the service…
When requested by a state board or commission, the county clerk shall record in the office of the clerk any instrument affecting real property and shall return to the board or commission a receipt for the instrument showing the legal charge for the recording of the instrument.
If an agency of the executive department, as defined in ORS 174.112, enters into a contract with a county or other public body, as defined in ORS 174.109, for the purpose of issuing licenses on behalf of the agency, the agency, by rule, shall provide that payment for the licenses be made directly to the agency if: The agency has implemented a functioning li…
The repeal of a statute or the deletion by amendment of a part thereof that granted or conferred power to any state officer, board, commission, corporation, institution, department, agency or other state organization to collect, receive and expend moneys for or on behalf of the state or for any purpose authorized by law does not affect or impair any act done…
In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002, and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law. Amounts allowed…
It is declared to be the policy of Oregon that this state shall be a leader in affirmative action. All appointive authorities for state boards, commissions and advisory bodies shall implement this policy of affirmative action in their appointments, subject to the legal requirements for each appointment. The Director of Affirmative Action shall assist all pe…
Any state agency may provide information to employers concerning the tax benefits of providing child care, as defined in ORS 329A.250, under an employee benefit plan.
In carrying out the policies stated in ORS 410.710, state agencies shall: Review their rules and policies and may revise them as necessary to reflect a positive approach to persons with disabilities. Encourage and promote education of state employees, state officials and the public in general about the worth and capacity of persons with disabilities. In a…
A state agency, as defined in ORS 279A.250, authorized by law to acquire real or personal property or any interest therein shall take title to the property or the interest therein in the name of the State of Oregon. Note: 182.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by …
A form or document issued by a public body, as defined in ORS 174.109, that asks a person to identify the person’s race or ethnicity must allow the person to select multiple races or ethnicities. Note: 182.116 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. …
Notwithstanding any other provision of law, whenever an agency of state government, as defined in ORS 174.111, is required by statute to mail to an individual a notice containing information specifically pertinent to the individual, and the agency has on file a post office box address for the individual, the agency shall mail the notice to the post office bo…
IMPACT OF STATE AGENCY ACTION ON FAMILIES
In formulating and implementing policies and rules that may have significant impact on family formation, maintenance and general well-being, all state agencies in Oregon shall, to the extent permitted by law, assess such measures in light of the following considerations: If the action by the government strengthens or erodes the stability of the family and, …
ORS 182.151 is intended to improve the internal management of state agencies in Oregon and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the State of Oregon, its agencies, its officers or any person. Note: See note under 182.151.
RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES
As used in ORS 182.162 to 182.168: “State agency” has the meaning given that term in ORS 358.635. “Tribe” means a federally recognized Indian tribe in Oregon. Note: 182.162 to 182.168 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon …
A state agency shall develop and implement a policy that: Identifies individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes. Establishes a process to identify the programs of the state agency that affect tribes. Promotes communication between the state agency and tribes. Promote…
At least once a year, the Oregon Department of Administrative Services, in consultation with the Commission on Indian Services, shall provide training to state agency managers and employees who have regular communication with tribes on the legal status of tribes, the legal rights of members of tribes and issues of concern to tribes. Once a year, the Governo…
Nothing in ORS 182.162 to 182.168 creates a right of action against a state agency or a right of review of an action of a state agency. Note: See note under 182.162.
PRODUCTIVITY IMPROVEMENT PROGRAMS
The Legislative Assembly finds that it is in the public interest to encourage and reward government efficiency and that the present state budgeting system has developed inadequate mechanisms to reward efficiency in government agencies and programs. The Legislative Assembly further finds that it is in the public interest to establish a program to reward effic…
There is created in the State Treasury, separate and distinct from the General Fund, an Oregon State Productivity Improvement Revolving Fund. All moneys in the fund are appropriated continuously to the Oregon Department of Administrative Services for making loans, grants, matching funds or cash awards available to state agencies or units for implementation o…
Fifty percent of the agency or unit budget savings resulting from improved efficiency and effectiveness shall be credited to the General Fund or, if the origin of the agency or unit’s funds is a dedicated fund or federal money, to the fund or account of the agency or unit, to be used for the purposes of the fund or account.
In preparing its budget for the biennium following one in which the state agency or unit credits any amount to the Oregon State Productivity Improvement Revolving Fund, the agency or unit shall identify any reduction in agency or unit expenses resulting from improved efficiency.
In order to qualify for credits under ORS 182.375 and 182.380, the agency or unit must present to the Oregon Department of Administrative Services a plan for increased efficiency resulting in budget savings and comply with the review requirements developed by the department. The plan must be approved by the Director of the Oregon Department of Administrative…
Any new programs mandated by law, assigned to the agency or unit by the Oregon Department of Administrative Services, or budgeted as additions to the base budget or reduced level budget of the agency or unit shall not be eligible for credit savings under ORS 182.365 to 182.400.
Prior to January 1 of each odd-numbered year, the Oregon Department of Administrative Services shall report to the Legislative Assembly on activities of the productivity improvement program in the manner prescribed in ORS 192.245.
RULES GOVERNING AGENCY-PROVIDED HOUSING
As used in ORS 182.415 to 182.435 unless the context requires otherwise: “Furnishings” includes furniture usually used in connection with occupancy of a household but does not include rugs, draperies, ranges, refrigerators, washers, dryers or any item of furnishings received by the state or one of its agencies as a gift, nor does it include any furniture pu…
Every state agency that provides housing for its officers or employees shall collect a rental for such housing based on the fair rental value as determined by an appraiser registered under ORS 308.010 or licensed or certified under ORS 674.310, subject to any reductions therefrom authorized under ORS 182.435. Rentals collected under this section shall be cre…
Each agency providing housing for its officers or employees may adopt a schedule of reductions from the fair rental value taking into account all pertinent factors including but not limited to: Isolation, for which a reduction of up to 20 percent of the fair rental value may be allowed; Invasion of privacy, for which a reduction of up to 30 percent of the …
SEMI-INDEPENDENT STATE AGENCIES (Listing of Semi-Independent State Agencies)
The following semi-independent state agencies are subject to ORS 182.456 to 182.472: The Appraiser Certification and Licensure Board. The State Board of Architect Examiners. The State Board of Examiners for Engineering and Land Surveying. The State Board of Geologist Examiners. The State Landscape Architect Board. The Oregon Board of Optometry. The Or…
As used in ORS 182.456 to 182.472: “Board” means a semi-independent state agency listed in ORS 182.454. “License” includes licenses, registrations, certifications, permits or other forms of permission required by law to pursue an occupation or engage in a business regulated by a board. Note: See note under 182.454.
Except as provided in subsections (2) and (3) of this section and as otherwise provided by law, the provisions of ORS 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to a board. A board is subject to all other statutes governing a state agency that do not conflict with ORS 182.456 to 182.472, including …
A board shall adopt budgets on a biennial basis using classifications of expenditures and revenues required by ORS 291.206 (1), but the budget is not subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly. The budget referred to in paragraph (a) of this subsection shall be adop…
The Secretary of State shall enter into agreements with each of the boards to set appropriate financial review schedules for those boards. The financial review schedules shall be set to allow board compliance with ORS 182.472. In lieu of conducting a financial review, the Secretary of State may elect to contract for the financial review with, or accept a fin…
In addition to other powers granted by ORS 182.456 to 182.472 and by the statutes specifically applicable to a board, a board may: Sue and be sued in its own name. Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C, enter into contracts and acquire, hold, own, encumber, issue, replace, deal in and with and dispose of real and perso…
Notwithstanding ORS 670.306, a board may select and appoint an administrator. The board shall fix the qualifications and compensation for the position. An administrator of a board shall not be a voting member of that board. Notwithstanding ORS 670.306, an administrator of a board may employ persons as the board determines to be necessary for carrying out t…
Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to ORS 182.462 (1)(e), all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on the date that the board is established as a semi-independent state agency, and all moneys collected or received by a bo…
Not later than April 1 of each even-numbered year, each board subject to ORS 182.456 to 182.472 shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The Legislative Fiscal Officer shall review the reports and shall prepare and submit a statement of findings and con…
If an agency or officer of the executive department, as defined by ORS 174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the person provided during the quarter and the person’s recommendations for improving ombudsman …
EVIDENCE-BASED PROGRAMS
As used in this section and ORS 182.525: “Agency” means: The Department of Corrections; The Oregon Youth Authority; The Youth Development Division; and That part of the Oregon Health Authority that deals with mental health and addiction issues. “Cost-effective” means that benefits realized over a reasonable period of time are greater than costs, as det…
An agency shall spend at least 75 percent of state moneys that the agency receives for programs on evidence-based programs. The agency shall submit a biennial report containing: An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program; The percentage of state moneys the …
ENVIRONMENTAL JUSTICE COUNCIL
As used in ORS 182.535 to 182.557: “Community-supported natural resource collaborative” means a group that works with a natural resource agency in a collaborative manner on natural resource issues affecting the community and that: Promotes public participation in natural resource decisions; Provides an open forum that allows for public deliberation of nat…
The Environmental Justice Council is established within the office of the Governor. The council consists of 13 members appointed by the Governor. The members must be persons who, to the greatest extent practicable, represent minority communities, low-income communities, environmental interests, industry groups and geographically diverse areas of this state. …
The Environmental Justice Council shall: Advise and provide a biannual report to the Governor on environmental justice issues; Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes; Identify, in cooperation with natural resource agencies, environmental justice communities; Meet w…
The Environmental Justice Council, in consultation with natural resource agencies, shall identify in a report to the Governor and, in the manner required in ORS 192.245, the Legislative Assembly: Guidance for state agencies regarding how to use the environmental justice mapping tool developed under ORS 182.555 when adopting rules, policies or guidelines. Th…
In order to provide greater public participation and to ensure that all persons affected by decisions of the natural resource agencies have a voice in those decisions, each natural resource agency shall: In making a determination whether and how to act, consider the effects of the action on environmental justice issues. Hold hearings at times and in locati…
All directors of natural resource agencies, and other agency directors as the Governor may designate, shall report annually to the Environmental Justice Council and to the Governor on the results of the agencies’ efforts to: Address environmental justice issues; Increase public participation of individuals and communities affected by agencies’ decisions; …
The Environmental Justice Council with staff support from the Department of Environmental Quality, in collaboration with the office of Enterprise Information Services, the Institute for Natural Resources, the Portland State University Population Research Center, and natural resource agencies with staff support from the department and the Oregon Health Author…
Subject to subsection (2) of this section, natural resource agencies may consider the results of the environmental justice mapping tool developed under ORS 182.555 when developing administrative rules or agency policies or programs. Natural resource agencies shall consider the recommendations in the report required by ORS 182.543 when utilizing the environme…
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