Title 62 — AVIATION

Chapter 835 — Aviation Administration

30 sections

835.005 Definitions

As used in this chapter and ORS chapters 836 and 837, unless the context requires otherwise: “Board” means the State Aviation Board. “Department” means the Oregon Department of Aviation. “Director” means the Director of the Oregon Department of Aviation.

835.009 [1993 c.741 §92b; repealed by 2001 c.378 §1]

835.010 [Formerly 491.005; repealed by 1993 c.741 §147]

835.015 Development of aviation

The State Aviation Board with the advice of the Oregon Department of Aviation shall incorporate as part of its program a definite plan for the development of airports, state airways, airplane industries and aviation generally. It shall through the department cooperate with and assist the federal government, the municipalities of the state, and other persons …

835.017 Provision of central business operating services by Department of Transportation; rules

At the Director of the Oregon Department of Aviation’s request, the Department of Transportation shall provide any of the following central business operating services for the Oregon Department of Aviation: Budget preparation services; Daily processing for accounts payable, accounts receivable, payroll, receipts and disbursements; Records and inventory ma…

835.020 Contracts

Subject to ORS 835.017, the Director of the Oregon Department of Aviation may enter into any contracts authorized by the State Aviation Board and necessary to the execution of the powers granted by this chapter. All contracts made by the director, either as the agent of the state or as the agent of any municipality, shall be made pursuant to the laws of the …

835.025 Use and administration of federal and other moneys

The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may accept, receive, receipt for, disburse and expend federal moneys and other moneys, public or private, made available to accomplish in whole or in part the acquisition, construction, improvement, maintenance and operation of airports, and other aviation facilities …

835.030 Employment of personnel

So far as is possible, all employees of the Oregon Department of Aviation shall be situated in the same building.

835.035 General board powers; rules; United States facilities exempt from board orders

Subject to ORS 835.017, the State Aviation Board may perform such acts, adopt or amend and issue such orders, rules and regulations, and make, promulgate and amend such minimum standards, all consistent with the provisions of this chapter, as it considers necessary to carry out the provisions of this chapter and to perform its duties thereunder. No such rul…

835.040 Limitations on rules and regulations

All rules and regulations prescribed by the State Aviation Board under authority of the aviation laws of this state shall be kept in conformity with, and limited to, as nearly as may be, the then current federal legislation governing aviation, the regulations duly promulgated thereunder, and rules and standards issued from time to time pursuant thereto.

835.045 [Formerly 491.120; 1995 c.79 §384; 1995 c.655 §10; 1999 c.935 §34; renumbered 835.205 in 1999]

835.050 [Formerly 491.130; repealed by 1995 c.79 §385]

835.055 [Formerly 491.140; 1993 c.741 §91; repealed by 1999 c.935 §39]

835.060 State Aviation Account; appropriation; use

All fees and other moneys received by the Oregon Department of Aviation under ORS chapter 835, 836 or 837, except moneys received under the provisions of ORS 835.025 and 836.070, shall be paid into the State Treasury monthly. The State Treasurer shall credit such payments to the State Aviation Account in the General Fund. Moneys in the account are continuous…

835.065 Audit and payment of expenses

All expenses of the Oregon Department of Aviation incurred in carrying out the provisions of this chapter are open to inspection and audit by the Secretary of State and must be paid from the State Aviation Account in the same manner as other claims against the state are paid, after approval of the expenses by the Director of the Oregon Department of Aviation…

835.070 Accounts

The Director of the Oregon Department of Aviation shall keep a true and accurate account of all sums received and of vouchers issued by the Oregon Department of Aviation.

835.075 [Formerly 491.190; 1997 c.263 §1; renumbered 401.555 in 1997]

835.080 [1995 c.655 §7; renumbered 835.200 in 1999]

835.085 [1995 c.655 §8; renumbered 835.210 in 1999]

OREGON DEPARTMENT OF AVIATION

835.100 Oregon Department of Aviation; director

The Oregon Department of Aviation is established. The department is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department, subject to ORS 835.017. For purposes of administration, subject to the approval of the State Aviation Board, the director may organize and reorgani…

835.102 State Aviation Board; members

There is established the State Aviation Board consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565. The Governor shall appoint members of the board in compliance with all of the following: Members shall be appointed with consideration of the different geographic regions of the state…

835.104 Board officers; quorum; meetings

The Governor shall appoint one member of the State Aviation Board as chairperson and another member as vice chairperson. The chairperson and vice chairperson shall have such terms, duties and powers as the board determines are necessary for the performance of such offices. A majority of the members of the board constitutes a quorum for the transaction of bu…

835.106 Director of Oregon Department of Aviation; appointment; duties and powers

The Governor shall appoint the Director of the Oregon Department of Aviation, subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565, who holds office at the pleasure of the Governor. Subject to ORS 835.017 and the policy direction by the State Aviation Board, the director shall: Be the administrative head of the department; Have power,…

835.108 Director’s salary; expense reimbursement

The Director of the Oregon Department of Aviation shall receive such salary as may be provided by law or as fixed by the State Aviation Board. In addition to salaries, the director, or any deputy directors or assistant directors, subject to the limitations otherwise provided by law, shall be reimbursed for all reasonable expenses necessarily incurred in the …

835.110 Oaths, depositions and subpoenas

The Director of the Oregon Department of Aviation and specially authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the functions of the department. If any person fails to comply with a su…

835.112 Rules

In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Aviation may adopt rules necessary for the administration of the laws that the department is charged with administering.

835.114 Exception to rulemaking authority

Except as required under ORS 197.180, the Oregon Department of Aviation may not adopt any rules intended primarily to implement ORS chapter 197, 197A, 215 or 227. The department shall comply with the land use planning goals and guidelines adopted under ORS 197.225 and rules adopted under ORS 197.040. The department may make recommendations to the Department …

835.200 Rules for operation and safety

The State Aviation Board, pursuant to ORS 835.035 and utilizing the definitions contained in ORS 830.005: Shall adopt rules governing seaplane safety and operations on state waters, as defined in ORS 830.005, that shall be applicable to all seaplanes except when inconsistent with any applicable laws or regulations of an agency of the United States. May ado…

835.205 Seaplane regulation

For purposes of ORS 830.175, 830.180, 830.185, 830.187 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200.

835.210 Application by political subdivision for special regulation

The governing body of a political subdivision of this state may apply to the State Aviation Board for special regulations relating to the operations of seaplanes on waters within the territorial limits of the political subdivision. These regulations may include, but need not be limited to, the establishment of limits on the areas of operations, hours and tim…