companion materials for may 19th, 2016 mvls cle …...1 companion materials for may 19th, 2016 mvls...
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Companion Materials for May 19th, 2016 MVLS CLE “The Intersection of Civil Law and Oregon Veterans”
Table of Contents
Chapter 18 — Judgments .............................................................................................................................. 4
Chapter 25 — Support Enforcement ............................................................................................................. 9
Chapter 90 — Residential Landlord and Tenant ........................................................................................ 13
Chapter 97 — Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts .............. 15
Chapter 107 — Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention ............................................................................................................................ 20
Chapter 109 — Parent and Child Rights and Relationships ....................................................................... 28
Chapter 125 — Protective Proceedings ...................................................................................................... 30
Chapter 135 — Arraignment and Pretrial Provisions ................................................................................. 34
Chapter 137 — Judgment and Execution; Parole and Probation by the Court ........................................... 37
Chapter 177 — Secretary of State .............................................................................................................. 39
Chapter 181A — State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services ............................................................................................................................ 40
Chapter 183 — Administrative Procedures Act; Legislative Review of Rules; Civil Penalties ................. 41
Chapter 184 — Administrative Services and Transportation Departments ................................................ 44
Chapter 187 — Holidays; Standard of Time; Commemorations ................................................................ 47
Chapter 192 — Records; Public Reports and Meetings ............................................................................. 50
Chapter 194 — Uniform Law on Notarial Acts; Unsworn Foreign Declarations ...................................... 52
Chapter 200 — Disadvantaged Business Enterprises; Minority-Owned Businesses; Woman-Owned Businesses; Businesses Owned by Service-Disabled Veterans; Emerging Small Businesses .................... 54
Chapter 215 — County Planning; Zoning; Housing Codes ........................................................................ 66
Chapter 226 — City Parks, Memorials and Cemeteries ............................................................................. 68
Chapter 238 — Public Employees Retirement System .............................................................................. 69
Chapter 253 — Absent Electors ................................................................................................................. 76
Chapter 279A — Public Contracting - General Provisions ........................................................................ 84
Chapter 279C — Public Contracting - Public Improvements and Related Contracts ................................ 87
Chapter 285B — Economic Development II .............................................................................................. 91
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Chapter 286A — State Borrowing .............................................................................................................. 92
Chapter 294 — County and Municipal Financial Administration .............................................................. 94
Chapter 307 — Property Subject to Taxation; Exemptions ........................................................................ 95
Chapter 308 — Assessment of Property for Taxation .............................................................................. 100
Chapter 311 — Collection of Property Taxes ........................................................................................... 102
Chapter 314 — Taxes Imposed Upon or Measured by Net Income ......................................................... 106
Chapter 316 — Personal Income Tax ....................................................................................................... 107
Chapter 323 — Cigarettes and Tobacco Products .................................................................................... 118
Chapter 326 — State Administration of Education .................................................................................. 119
Chapter 332 — Local Administration of Education ................................................................................. 134
Chapter 341 — Community Colleges ....................................................................................................... 136
Chapter 342 — Teachers and Other School Personnel ............................................................................. 140
Chapter 348 — Student Aid; Education Stability Fund; Planning ........................................................... 141
Chapter 350 — Statewide Coordination of Higher Education ................................................................. 142
Chapter 352 — Public Universities .......................................................................................................... 146
Chapter 353 — Oregon Health and Science University ........................................................................... 151
Chapter 366 — State Highways and State Highway Fund ....................................................................... 155
Chapter 390 — State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails ..... 157
Chapter 396 — Militia Generally ............................................................................................................. 160
Chapter 398 — Military Justice ................................................................................................................ 181
Chapter 399 — Organized Militia ............................................................................................................ 191
Chapter 406 — Department of Veterans’ Affairs ..................................................................................... 208
Chapter 407 — Veterans Loans ................................................................................................................ 228
Chapter 408 — Miscellaneous Benefits for Veterans and Service Personnel .......................................... 249
Chapter 414 — Medical Assistance .......................................................................................................... 277
Chapter 416 — Recovery of Aid and Support .......................................................................................... 279
Chapter 432 — Vital Statistics ................................................................................................................. 283
Chapter 456 — Housing ........................................................................................................................... 287
Chapter 458 — Housing and Community Services Programs; Individual Development Accounts ......... 288
Chapter 461 — Oregon State Lottery ....................................................................................................... 292
Chapter 470 — Small Scale Local Energy Projects ................................................................................. 294
Chapter 471 — Alcoholic Liquors Generally ........................................................................................... 296
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Chapter 475B — Cannabis Regulation ..................................................................................................... 299
Chapter 480 — Explosives; Flammable Materials; Pressure Vessels ...................................................... 300
Chapter 496 — Application, Administration and Enforcement of Wildlife Laws ................................... 302
Chapter 497 — Licenses and Permits ....................................................................................................... 303
Chapter 508 — Licenses and Permits ....................................................................................................... 307
Chapter 537 — Appropriation of Water Generally .................................................................................. 308
Chapter 646 — Trade Practices and Antitrust Regulation ........................................................................ 311
Chapter 649 — Insignia and Names of Organizations ............................................................................. 321
Chapter 657 — Unemployment Insurance ............................................................................................... 322
Chapter 659A — Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement ............................................................................... 324
Chapter 660 — Apprenticeship and Training; Workforce Development ................................................. 330
Chapter 671 — Architects; Landscape Professions and Business ............................................................ 332
Chapter 672 — Professional Engineers; Land Surveyors; Photogrammetrists; Geologists ..................... 334
Chapter 673 — Accountants; Other Tax Professionals ............................................................................ 338
Chapter 675 — Psychologists; Occupational Therapists; Certified Sex Offender Therapists; Regulated Social Workers; Licensed Professional Counselors and Marriage and Family Therapists ....................... 339
Chapter 676 — Health Professions Generally .......................................................................................... 342
Chapter 677 — Regulation of Medicine, Podiatry and Acupuncture ....................................................... 344
Chapter 678 — Nurses; Nursing Home Administrators ........................................................................... 347
Chapter 679 — Dentists ............................................................................................................................ 349
Chapter 680 — Dental Hygienists; Denturists .......................................................................................... 350
Chapter 684 — Chiropractors ................................................................................................................... 353
Chapter 688 — Therapeutic and Technical Services: Physical Therapists; Medical Imaging Practitioners and Limited X-Ray Machine Operators; Hemodialysis Technicians; Athletic Trainers; Respiratory
Therapists and Polysomnographic Technologists ..................................................................................... 355
Chapter 689 — Pharmacists; Drug Outlets; Drug Sales ........................................................................... 362
Chapter 690 — Cosmetic Professionals ................................................................................................... 364
Chapter 692 — Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery and Crematory Operators ............................................................................... 366
Chapter 703 — Truth Verification and Deception Detection; Investigators ............................................ 367
Chapter 744 — Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses ....................... 370
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Chapter 801 — General Provisions and Definitions for Oregon Vehicle Code ....................................... 372
Chapter 803 — Vehicle Title and Registration ......................................................................................... 375
Chapter 805 — Special Registration Provisions ....................................................................................... 378
Chapter 807 — Driving Privileges and Identification Cards .................................................................... 383
Chapter 809 — Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment ....................................................................... 394
Chapter 811 — Rules of the Road for Drivers.......................................................................................... 397
Chapter 813 — Driving Under the Influence of Intoxicants .................................................................... 399
First, a crime or two… 162.365 Criminal impersonation. (1) A person commits the crime of criminal impersonation if with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of: (a) A public servant; or (b) An active member or veteran of the Armed Forces of the United States. (2) It is no defense to a prosecution for criminal impersonation that: (a) The office, position or title that the person pretended to hold did not in fact exist; or (b) The unit of government that the person pretended to represent did not in fact exist. (3)(a) Criminal impersonation is a Class A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, criminal impersonation is a Class C felony if the public servant impersonated is a peace officer, judge or justice of the peace. [1971 c.743 §211; 1993 c.243 §1; 1997 c.395 §2; 2003 c.577 §12; 2007 c.510 §1]
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Chapter 18 — Judgments
2015 EDITION JUDGMENTS PROCEDURE IN CIVIL PROCEEDINGS EXEMPT PROPERTY (Personal Property)
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18.345 Exempt personal property generally WRITS OF GARNISHMENT (Definitions) 18.600 Definitions (Financial Institution as Garnishee) 18.784 Certain financial institution deposits not subject to garnishment; garnishment account
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EXEMPT PROPERTY (Personal Property) 18.345 Exempt personal property generally. (1) All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 18.305, shall be exempt from execution: (a) Books, pictures and musical instruments to the value of $600. (b) Wearing apparel, jewelry and other personal items to the value of $1,800. (c) The tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $5,000. (d) A vehicle to the value of $3,000. As used in this paragraph "vehicle" includes an automobile, truck, trailer, truck and trailer or other motor vehicle. (e) Domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days. (f) Household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days' supply of fuel. (g) All property of the state or any county or incorporated city therein, or of any other public or municipal corporation of like character. (h) All professionally prescribed health aids for the debtor or a dependent of the debtor. (i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (j) The debtor's right to receive, or property that is traceable to, an award under any crime victim reparation law.
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(k) The debtor's right to receive, or property that is traceable to, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent. (L) The debtor's right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (m) Veterans' benefits and loans. (n) The debtor's right to receive an earned income tax credit under the federal tax laws and any moneys that are traceable to a payment of an earned income tax credit under the federal tax laws. (o) The debtor's right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code. (p) The debtor's interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption. (2) If the property claimed by the judgment debtor as exempt is adjudicated by the court out of which the execution issued to be of a value in excess of that allowed by the appropriate paragraph of subsection (1) of this section, the officer seizing the property shall proceed to sell such property. Out of the proceeds of such sale, the officer shall deduct costs of sale and shall pay to the judgment debtor an amount equivalent to the value declared to be exempt by any of the paragraphs of subsection (1) of this section and shall apply the balance of the proceeds of sale on the execution. A sale may not be made under such execution unless the highest bid made exceeds the appropriate exemption claimed and allowed plus costs of sale. If no bid is received in excess of the value allowed by the appropriate paragraph of subsection (1) of this section, the costs of sale shall be borne by the judgment creditor. (3) If two or more members of a household are joint judgment debtors, each judgment debtor shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d) and (p) of this section in the same or different properties. The exemptions provided by subsection (1)(a), (b), (c), (d), (j), (k) and (p) of this section, when claimed for jointly owned property, may be combined at the option of the debtors. (4) Notwithstanding any other provision of law except ORS 657.855, if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600, 50 percent of unemployment compensation benefits, workers' compensation benefits and other benefits paid to the debtor by the United States, by the state or by a political subdivision of the state are exempt. The exemption related to unemployment compensation benefits provided by this subsection is subject to ORS 657.855. The exemption provided by this subsection applies without regard to whether the payment is made on a periodic basis or in a lump sum, including any lump sum payable pursuant to a settlement or judgment. Notwithstanding subsection (1)(k) of this section, if a payment is made under a settlement or judgment on account of personal bodily injury and the garnishment or other execution is issued to collect past due support as defined in ORS 18.600, the lesser of 50 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005 c.456 §1; 2009 c.612 §1; 2011 c.93 §1; 2011 c.317 §4; 2013 c.597 §1] WRITS OF GARNISHMENT
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(Definitions) 18.600 Definitions. As used in ORS 18.600 to 18.850: (1) "Account" means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed. (2) "Check" has the meaning given that term in ORS 73.0104. (3) "Creditor" means a person to whom a debt is owed by a debtor. (4) "Debt" means any monetary obligation for which a garnishment may be issued under ORS 18.605. (5) "Debtor" means a person whose property is being garnished for the purpose of paying a debt owed to a creditor. (6) "Federal benefit payment" means: (a) A benefit payment from the United States Social Security Administration that is protected under 42 U.S.C. 407 and 1383(d)(1); (b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a); (c) A benefit payment from the Railroad Retirement Board that is protected under 45 U.S.C. 231m(a) and 352(e); or (d) A benefit payment from the United States Office of Personnel Management that is protected under 5 U.S.C. 8346 and 8470. (7) "Financial institution" means a financial institution or trust company as those terms are defined in ORS 706.008. (8) "Garnishable property" means all property described in ORS 18.615, but does not include: (a) Any property that is not subject to garnishment under ORS 18.618; and (b) Any property that is applied as a setoff under ORS 18.620 or 18.795. (9) "Garnishee" means a person to whom a writ of garnishment has been delivered. (10) "Garnishment account review" means the process of examining deposits to an account to determine whether benefit payments described in ORS 18.784 (3) have been deposited in the account during the lookback period. (11) "Garnishor" means: (a) The creditor, if the writ is issued by the court administrator on behalf of the creditor under ORS 18.635 (2); or (b) The issuer, if the writ is issued under ORS 18.635 by any person other than the court administrator. (12) "Past due support" means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS chapter 107, 108, 109, 110, 416, 419B or 419C that has not been paid or is certified to be owed by another state under ORS 25.083. (13) "Wages" includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus. (14) "Writ" means a writ of garnishment. [2001 c.249 §1; 2003 c.85 §2; 2003 c.576 §47; 2005 c.542 §62; 2011 c.733 §1] (Financial Institution as Garnishee)
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18.784 Certain financial institution deposits not subject to garnishment; garnishment account review. (1) Except as provided in subsection (6) of this section, if a writ of garnishment is delivered to a financial institution that has an account of the debtor, the financial institution shall conduct a garnishment account review of all accounts in the name of the debtor before taking any other action that may affect funds in those accounts. If the financial institution determines from the garnishment account review that one or more payments described in subsection (3) of this section were deposited in an account of the debtor by direct deposit or electronic payment during the lookback period described in subsection (2) of this section, an amount equal to the lesser of the sum of those payments or the total balance in the debtor's account is not subject to garnishment. (2) The provisions of this section apply only to payments described in subsection (3) of this section that are deposited during the lookback period that ends on the day before the day on which the garnishment account review is conducted and begins on: (a) The day in the second calendar month preceding the month in which the garnishment account review is conducted, that has the same number as the day on which the period ends; or (b) If there is no day as described in paragraph (a) of this subsection, the last day of the second calendar month preceding the month in which the garnishment account review is conducted. (3) The provisions of this section apply only to: (a) Federal benefit payments; (b) Payments from a public or private retirement plan as defined in ORS 18.358; (c) Public assistance or medical assistance, as defined in ORS 414.025, payments from the State of Oregon or an agency of the State of Oregon; (d) Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon; (e) Black lung benefits payments from the United States Department of Labor; and (f) Workers' compensation payments from a workers' compensation carrier. (4) The provisions of this section apply only to a payment that a financial institution can identify as being one of the types of payments described in subsection (3) of this section from information transmitted to the financial institution by the payor. (5) A financial institution shall perform a garnishment account review only one time for a specific garnishment. If the same garnishment is served on a financial institution more than once, the financial institution may not perform a garnishment account review or take any other action relating to the garnishment based on the second and subsequent service of the garnishment. (6) A financial institution may not conduct a garnishment account review under this section if a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support enforcement agency is attached to or included in the garnishment as provided in 31 C.F.R. part 212. If a Notice of Right to Garnish Federal Benefits is attached to or included in the garnishment, the financial institution shall proceed on the garnishment as otherwise provided in ORS 18.600 to 18.850. (7) The provisions of this section do not affect the ability of a debtor to claim any exemption that otherwise may be available to the debtor under law for any amounts in an account in a financial institution. [Formerly 18.619; 2013 c.688 §4]
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Chapter 25 — Support Enforcement
2015 EDITION
SUPPORT ENFORCEMENT PROCEDURE IN CIVIL PROCEEDINGS FORMULA FOR DETERMINING AMOUNT OF CHILD SUPPORT 25.275 Formula for determining child support awards; criteria to be considered; mandated
standards; reduction; rules INCOME WITHHOLDING AND PAYMENT RECORDS 25.414 Standard amount to be withheld; processing fee; rules
_______________ FORMULA FOR DETERMINING AMOUNT OF CHILD SUPPORT 25.275 Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules. (1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria: (a) All earnings, income and resources of each parent, including real and personal property; (b) The earnings history and potential of each parent; (c) The reasonable necessities of each parent; (d) The ability of each parent to borrow; (e) The educational, physical and emotional needs of the child for whom the support is sought; (f) The amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan; (g) Preexisting support orders and current dependents; and (h) Other reasonable criteria that the division may find to be appropriate. (2) The formula described in subsection (1) of this section must also comply with the following standards: (a) The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child. (b) Both parents should share in the costs of supporting the child in the same proportion as each parent’s income bears to the combined income of both parents. (3) The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of
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the absent parent on an equitable basis in comparison with any other minor children of the absent parent. (4) The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section: (a) May be reduced or increased in consideration of medical support, as provided in ORS 25.321 to 25.343. (b) May be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans’ benefits paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. (c) Shall be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. [1989 c.811 §3; 1993 c.800 §2; 1999 c.1030 §1; 2003 c.73 §26a; 2003 c.75 §75; 2003 c.572 §6; 2003 c.637 §15; 2009 c.351 §7] INCOME WITHHOLDING AND PAYMENT RECORDS 25.414 Standard amount to be withheld; processing fee; rules. (1) The withholder shall withhold from the obligor’s disposable monthly income, other than workers’ compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657, the amount stated in the order to withhold. The entity issuing the order to withhold shall compute this amount subject to the following: (a) If withholding is for current support only, the amount to be withheld is the amount specified as current support in the support order. (b) If withholding is for current support and there is an arrearage, the amount to be withheld is 120 percent of the amount specified as current support in the support order. (c) If withholding is only for arrearage, the amount to be withheld is one of the following: (A) The amount of the last ordered monthly support. (B) If there is no last ordered monthly support amount, the monthly support amount used to calculate the arrearage amount specified in the order or judgment for arrearage. (C) If there is no last ordered monthly support amount and if there was no monthly support amount, an amount calculated under the formula established under ORS 25.275. For purposes of this subparagraph, this calculation shall be based on the obligor’s current monthly gross income or, if the obligor’s current monthly gross income is not known, the Oregon hourly minimum wage converted to a monthly amount based upon a 40-hour workweek, zero income for the obligee, and one joint child, regardless of how many children the parties may actually have. No rebuttals to this calculation may be allowed. (d) Notwithstanding the amount determined to be withheld under paragraph (c) of this subsection, the obligor must retain disposable monthly income of at least 160 times the applicable federal minimum hourly wage prescribed by section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future minimum hourly wages prescribed in that section, if the order to withhold is issued for: (A) Disability benefits payments from the United States Social Security Administration; (B) Black lung benefits payments from the United States Department of Labor; or (C) Disability benefits payments from the United States Department of Veterans Affairs.
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(2) The amount to be withheld from unemployment compensation under ORS chapter 657 is calculated as follows: (a) If withholding is for a current support order, regardless of the existence of arrearage, the amount to be withheld is the lesser of: (A) Twenty-five percent of the benefits paid; or (B) The current monthly support obligation. The entity issuing the order to withhold may convert the monthly support obligation amount to a percentage to be withheld from each benefits payment. (b) If withholding is for arrearage only, the amount to be withheld is the lesser of: (A) Fifteen percent of the benefits paid; or (B) The amount of the last ordered monthly support obligation. The entity issuing the order to withhold may convert the last ordered monthly support obligation amount to a percentage to be withheld from each benefits payment. (c) The withholder may not charge or collect a processing fee when withholding from unemployment compensation. (3) The amount to be withheld from workers’ compensation under ORS chapter 656 is set forth in ORS 656.234. (4) Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers’ compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-half of the amount of the lump sum payment or benefit. (5)(a) Notwithstanding any other provision of this section, when the withholding is only for arrearage, the administrator shall set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for a child the obligor has a duty to support or the obligor’s ability to provide for the obligor’s basic needs. The factors to be considered by the administrator in determining whether the obligor can provide for the obligor’s basic needs include but are not limited to: (A) The health expenses of the obligor; (B) A verified disability affecting the obligor’s ability to work; (C) Whether the obligor’s income remaining after withholding would be less than the self-support reserve established by rule of the Department of Justice under paragraph (c) of this subsection; (D) The available resources of the obligor; and (E) The number and basic needs of other persons in the obligor’s household. (b) The administrator shall establish a procedure to give advance and periodic notice to the obligor of the provisions of paragraph (a) of this subsection and of the means to reduce the amount stated in the order to withhold. (c) The Department of Justice shall adopt rules to implement this subsection. (6) Except as provided in subsection (2) of this section, the withholder may deduct from the obligor’s disposable income a monthly processing fee not to exceed $5. The processing fee is in addition to the amount calculated to be withheld for support, unless the amount to be withheld for support is the maximum allowed under subsection (8) of this section, in which case the fee is deducted from the amount withheld as support.
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(7) If there are multiple withholding orders against the same obligor, the amount to be withheld is the sum of each support order calculated independently. (8) No withholding as calculated under this section, including the processing fee permitted in subsection (6) of this section, shall exceed 50 percent of the obligor’s net disposable income. The limit established in this subsection applies whenever withholding is implemented under this section, whether by a single order or by multiple orders against the same obligor. (9) When the obligor’s income is not sufficient for the withholder to fully comply with each withholding order, the withholder shall withhold the maximum amount allowed under this section. If all withholding orders for a particular obligor are payable to or through the department, the withholder shall pay to the department the income withheld and the department shall determine priorities for allocating income withheld to multiple child support cases relative to that obligor. If one or more of the withholding orders for a particular obligor require payment other than to or through the department, the withholder shall use the following to determine priorities for withholding and allocating income withheld to multiple child support cases: (a) If the amount withheld from the obligor’s income is sufficient to pay the current support due to each case but is not enough to fully comply with the withholding order for each case where past due support is owed, the withholder shall: (A) Pay to each case the amount of support due for the current month; and (B) Pay the remainder of the amount withheld in equal amounts to each case where past due support is owed. However, no case shall receive more than the total amount of current support and past due support owed to that case at the time the payment is made. (b) If the amount withheld is not sufficient to pay the current support due to each case, each case shall be paid a proportionate share of the amount withheld. The withholder shall determine this for each case by dividing the monthly amount ordered as current support for that case by the combined monthly amount ordered as current support for all cases relative to the same obligor, and multiplying this percentage by the total amount withheld. (10) An order to withhold income is not subject to the limitations of ORS 18.385. (11) A withholder shall withhold funds as directed in the order to withhold, except that when a withholder receives an income-withholding order issued by another state, the withholder shall apply the income-withholding law of the state of the obligor’s principal place of employment in determining: (a) The withholder’s fee for processing an income-withholding order; (b) The maximum amount permitted to be withheld from the obligor’s income; (c) The time periods within which the withholder must implement the income-withholding order and forward the child support payment; (d) The priorities for withholding and allocating income withheld for multiple child support obligees; and (e) Any withholding terms or conditions not specified in the order. [Formerly 25.351; 2001 c.455 §10; 2003 c.73 §33; 2003 c.572 §9; 2011 c.317 §1]
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Chapter 90 — Residential Landlord and Tenant
2015 EDITION
RESIDENTIAL LANDLORD AND TENANT PROPERTY RIGHTS AND TRANSACTIONS MISCELLANEOUS 90.472 Termination by tenant called into active state service by Governor 90.475 Termination by tenant due to service with Armed Forces or commissioned corps of
National Oceanic and Atmospheric Administration MISCELLANEOUS 90.472 Termination by tenant called into active state service by Governor. (1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 90 or more consecutive days. (2) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is a state service member. (3) A termination of a rental agreement under this section is effective the earlier of: (a) Thirty days after the date the next rental payment is due; or (b) On the last day of the month after the month in which written notice is given. (4) Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a lease under subsection (2) of this section is not: (a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or (b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section. [2003 c.387 §2; 2009 c.431 §14; 2011 c.42 §15] 90.475 Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration. (1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is: (a) Enlisting for active service in the Armed Forces of the United States; (b) Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days; (c) Terminating active service in the Armed Forces of the United States; (d) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and:
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(A) Ordered to active service outside the area for a period that will exceed 90 days; or (B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods; or (e) A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for a period that will exceed 90 days. (2) As used in subsection (1) of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States. (3) A termination of a rental agreement under this section is effective on the earlier of: (a) A date determined under the provisions of any applicable federal law; or (b) The later of: (A) 30 days after delivery of the notice; (B) 30 days before the earliest reporting date on orders for active service; (C) A date specified in the notice; or (D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section. (4) Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a lease under subsection (1) of this section is not: (a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or (b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section. [1999 c.276 §2; 2009 c.431 §15; 2011 c.42 §16; 2012 c.106 §1]
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Chapter 97 — Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
2015 EDITION
CEMETERIES, HUMAN BODIES AND ANATOMICAL GIFTS PROPERTY RIGHTS AND TRANSACTIONS DISPOSITION OF HUMAN BODIES 97.130 Right to control disposition of remains; delegation 97.170 Disposition of unclaimed body of deceased person; rules
_______________ DISPOSITION OF HUMAN BODIES 97.130 Right to control disposition of remains; delegation. (1) Any individual of sound mind who is 18 years of age or older, by completion of a written signed instrument or by preparing or prearranging with any funeral service practitioner licensed under ORS chapter 692, may direct any lawful manner of disposition of the individual’s remains. Except as provided under subsection (6) of this section, disposition directions or disposition prearrangements that are prepaid or that are filed with a funeral service practitioner licensed under ORS chapter 692 are not subject to cancellation or substantial revision. (2) A person within the first applicable listed class among the following listed classes that is available at the time of death, in the absence of actual notice of a contrary direction by the decedent as described under subsection (1) of this section or actual notice of opposition by completion of a written instrument by a member of the same class or a member of a prior class, may direct any lawful manner of disposition of a decedent’s remains by completion of a written instrument: (a) The spouse of the decedent. (b) A son or daughter of the decedent 18 years of age or older. (c) Either parent of the decedent. (d) A brother or sister of the decedent 18 years of age or older. (e) A guardian of the decedent at the time of death. (f) A person in the next degree of kindred to the decedent. (g) The personal representative of the estate of the decedent. (h) The person nominated as the personal representative of the decedent in the decedent’s last will. (i) A public health officer.
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(3)(a) The decedent or any person authorized in subsection (2) of this section to direct the manner of disposition of the decedent’s remains may delegate such authority to any person 18 years of age or older. (b) Delegation of the authority to direct the manner of disposition of remains must be made by completion of: (A) The written instrument described in subsection (7) of this section; or (B) A written instrument recognized by the Armed Forces of the United States, as that term is defined in ORS 348.282, if the decedent died while serving in the Armed Forces of the United States. (c) The person to whom the authority is delegated has the same authority under subsection (2) of this section as the person delegating the authority. (4) If a decedent or the decedent’s designee issues more than one authorization or direction for the disposal of the decedent’s remains, only the most recent authorization or direction is binding. (5) A donation of anatomical gifts under ORS 97.951 to 97.982 takes priority over directions for the disposition of a decedent’s remains under this section only if the person making the donation is of a priority under subsection (1) or (2) of this section the same as or higher than the priority of the person directing the disposition of the remains. (6) If the decedent directs a disposition under subsection (1) of this section and those financially responsible for the disposition are without sufficient funds to pay for such disposition or the estate of the decedent has insufficient funds to pay for the disposition, or if the direction is unlawful, the direction is void and disposition shall be in accordance with the direction provided by the person given priority in subsection (2) of this section and who agrees to be financially responsible. (7) The signature of the individual delegating the authority to direct the manner of disposition is required for the completion of the written instrument required in subsection (3)(b)(A) of this section. The following form or a form substantially similar shall be used by all individuals: ______________________________________________________________________________ APPOINTMENT OF PERSON TO MAKE DECISIONS CONCERNING DISPOSITION OF REMAINS I, __________________, appoint__________________, whose address is _______________ and whose telephone number is (___)_________, as the person to make all decisions regarding the disposition of my remains upon my death for my burial or cremation. In the event ____________ is unable to act, I appoint____________, whose address is __________________ and whose telephone number is (___)_________, as my alternate person to make all decisions regarding the disposition of my remains upon my death for my burial or cremation. It is my intent that this Appointment of Person to Make Decisions Concerning Disposition of Remains act as and be accepted as the written authorization presently required by ORS 97.130 (or its corresponding future provisions) or any other provision of Oregon Law, authorizing me to name a person to have authority to dispose of my remains. DATED this ___ day of______,_____.
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__________________
(Signature)
DECLARATION OF WITNESSES We declare that ____________ is personally known to us, that he/she signed this Appointment of Person to Make Decisions Concerning Disposition of Remains in our presence, that he/she appeared to be of sound mind and not acting under duress, fraud or undue influence, and that neither of us is the person so appointed by this document. Witnessed By: _______________ Date: _____ Witnessed By: _______________ Date: _____ ______________________________________________________________________________ (8) Subject to the provisions of ORS 97.951 to 97.982, if disposition of the remains of a decedent has not been directed and authorized under this section within 10 days after the date of the death of the decedent, a public health officer may direct and authorize disposition of the remains. (9) Notwithstanding subsection (2) of this section, a person arrested for or charged with criminal homicide by reason of the death of the decedent may not direct the disposition of the decedent’s remains. The disposition of the decedent’s remains shall be made in accordance with the directions of an eligible person within the first applicable class established under subsection (2) of this section. (10) Notwithstanding subsections (2) and (3) of this section, if the person who has the authority to direct the manner of disposition of cremated remains pursuant to subsection (1) or (2) of this section transfers any portion of the cremated remains to another person, the recipient of the cremated remains has the authority to direct the manner of disposition of the cremated remains in the recipient’s possession. [Amended by 1969 c.175 §10; 1969 c.591 §279; 1973 c.823 §97; 1995 c.717 §10; 1997 c.472 §1; 1999 c.201 §5; 2007 c.373 §1; 2007 c.681 §24; 2011 c.154 §1; 2011 c.164 §1] 97.170 Disposition of unclaimed body of deceased person; rules. (1) As used in this section, “indigent person” means a deceased person who does not have a death or final expense benefit or insurance policy that pays for disposition of the deceased person’s body or other means to pay for disposition of the deceased person’s body and: (a) Who does not have a relative or other person with the legal right to direct and the means to pay for disposition of the deceased person’s body; (b) Whose relative, or other person, with the legal right to direct the disposition of the deceased person’s body does not pay or arrange to pay for, or refuses to direct, the disposition of the deceased person’s body within 10 days of being notified of the death; or
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(c) For whom no person other than a person described in paragraph (a) or (b) of this subsection wishes to direct and pay for the disposition of the deceased person’s body. (2) The State Mortuary and Cemetery Board shall maintain a list of institutions that may accept or process bodies for education or research purposes. (3)(a) A funeral establishment licensed under ORS 692.146 that takes custody of the unclaimed body of a deceased person shall, within five days after taking custody of the body: (A) Submit a report of death under ORS 432.133; (B) Obtain all contact information known to the medical examiner, a health care facility or law enforcement regarding persons listed in ORS 97.130; (C) Attempt to locate and notify the persons listed in ORS 97.130; (D) Arrange with any person listed in ORS 97.130 who will pay the expenses to make disposition of the body; (E) If no person listed in ORS 97.130 can be located to pay the expenses to make disposition of the body, arrange with a person or institution not listed in ORS 97.130 that will pay the expenses to make disposition of the body; (F) Determine whether the Department of State Lands or other person is appointed as the personal representative of the deceased person pursuant to ORS 113.085; and (G) Contact the Department of Veterans’ Affairs to determine whether the decedent is eligible for any state or federal benefits. (b) If no one claims the body within 10 days after the funeral establishment takes custody of the body, or if the persons notified acquiesce, or if the decedent is not eligible for any benefits described in paragraph (a)(G) of this subsection, the funeral establishment may transfer the body to an institution on the list of institutions described in subsection (2) of this section that desires the body for education or research purposes. (c) If no person or institution claims the body as provided in paragraphs (a) and (b) of this subsection, the funeral establishment may cremate or bury the body without the consent of persons listed in ORS 97.130 and is indemnified from any liability arising from having made such disposition. The method of disposition must be in the least costly and most environmentally sound manner that complies with law, and that does not conflict with known wishes of the deceased. If the deceased person is an indigent person, the board shall reimburse the funeral establishment for the costs of disposition under subsection (5) of this section. (4) If the deceased person is a child over whom the Department of Human Services held guardianship at the time of death, the department shall promptly attempt to locate and notify the relatives of the deceased child or any other person who has an interest in the deceased child and shall arrange with any person who will pay the expenses to make disposition of the body. If no relatives or interested persons claim the body, the department may transfer the body to an institution that is on the list maintained by the board under subsection (2) of this section that desires the body for education or research purposes, or may authorize burial or cremation of the body. The department shall pay expenses related to burial or cremation authorized by the department under this subsection. (5) Upon receipt of a qualifying statement as required by the board by rule that the deceased person is an indigent person, the board shall reimburse a funeral establishment the reasonable costs for disposition of the body of any unclaimed deceased indigent person. The method of disposition must be in the least costly and most environmentally sound manner that complies with law. The board shall adopt rules establishing the requirements and process for reimbursement and setting the amount that may be reimbursed to a funeral establishment under
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this subsection. [Amended by 1973 c.842 §1; 1985 c.704 §1; 1993 c.345 §4; 1995 c.162 §62; 2009 c.709 §8; 2015 c.651 §1]
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Chapter 107 — Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
2015 EDITION
DISSOLUTION, ANNULMENT AND SEPARATION DOMESTIC RELATIONS DISSOLUTION, ANNULMENT AND SEPARATION 107.118 Definitions for ORS 107.118 to 107.131 107.135 Vacation or modification of judgment; policy regarding settlement; enforcement of
settlement terms; remedies 107.145 Vacation or modification of judgment for deployed parent; temporary order; service;
absence of child from state 107.169 Joint custody of child; modification 107.415 Notice of change of status of child; effect of failure to give notice Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107.
_______________ DISSOLUTION, ANNULMENT AND SEPARATION 107.118 Definitions for ORS 107.118 to 107.131. As used in ORS 107.118 to 107.131: (1) “Designation of beneficiary” means the naming of a person in a governing instrument for the purpose of a transfer of moneys or other benefits upon the death of the principal. (2) “Governing instrument” means a policy of life insurance executed by a principal before a suit for marital dissolution, separation or annulment or a document executed by the principal before a suit for marital dissolution, separation or annulment for the purpose of designating a beneficiary under: (a) An employee pension benefit plan, as defined in 29 U.S.C. 1002 (2) for the purposes of the Employee Retirement Income Security Act of 1974; (b) A public retirement system of a public body, as defined in ORS 174.109, or of any other state or local government; (c) A federal retirement system created by the federal government for any officer or employee of the United States, including any person retired from service in the United States Civil Service, the Armed Forces of the United States or any agency or subdivision thereof; (d) A deferred compensation plan under section 457 of the Internal Revenue Code;
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(e) An individual retirement account, annuity or trust or simplified employee pension under section 408 or 408A of the Internal Revenue Code; (f) An employee annuity, including custodial accounts treated as annuities, under section 403(a) or (b) of the Internal Revenue Code; or (g) A retirement account, stock certificate, mutual fund account, bank account or other financial account that is not jointly owned by the principal and the principal’s spouse and that is payable or transferable upon the death of the principal. (3) “Principal” means the person who designates a beneficiary in a governing instrument and who is a party to a suit for marital dissolution, separation or annulment. (4) “Relative of the spouse” means a person who is related to a spouse by blood, adoption or marriage and who is not related to the principal by blood, adoption or marriage. (5) “Spouse” means a person who is or was married to the principal. [2005 c.285 §2] Note: 107.118 to 107.131 were added to and made a part of ORS chapter 107 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 107.135 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies. (1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section: (a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 or 107.830; (b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment; (c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married; (d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and (e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph: (A) When the person with the enhanced earning capacity makes a good faith career change that results in less income; (B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person’s control; or (C) Under such other circumstances as the court deems just and proper. (2) When a party moves to set aside, alter or modify the child support provisions of the judgment:
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(a) The party shall state in the motion, to the extent known: (A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving children of the marriage, including one brought under ORS 25.287, 107.431, 109.100, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and (B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving children of the marriage, other than the judgment the party is moving to set aside, alter or modify. (b) The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection. (3) In a proceeding under this section to reconsider the spousal or child support provisions of the judgment, the following provisions apply: (a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support, except that an order of compensatory spousal support may only be modified upon a showing of an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse. (b) If the judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, Social Security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support. (c) If Social Security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of Social Security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement. (4) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a judgment, the following provisions apply: (a) The court or administrator, as defined in ORS 25.010, shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to: (A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets. (B) Retirement benefits available to the obligor and to the obligee. (C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled. (D) Social Security benefits paid to a child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement if the benefits: (i) Were not previously considered in the child support order; or (ii) Were considered in an action initiated before May 12, 2003. (E) Apportioned Veterans’ benefits or Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to a child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement if the benefits: (i) Were not previously considered in the child support order; or
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(ii) Were considered in an action initiated before May 12, 2003. (b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor’s financial status resulting from the obligor’s taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith. (c) The court shall consider the following factors in deciding whether the actions of the obligor were not in “good faith”: (A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support. (B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee. (C) Extent of the obligor’s dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement. (D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid. (E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor’s ability to meet the preexisting obligation of spousal support. (5) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment. (6) Any modification of child or spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was served or to any date thereafter. (7) The judgment is final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment. The court may not set aside, alter or modify any portion of the judgment that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However: (a) The court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and (b) The court may allow, as provided in the rules of the Child Support Program, a dollar-for-dollar credit against child support arrearages for any Social Security or Veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of an obligor’s disability or retirement. (8) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.
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(9) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed. (10)(a) Except as provided in ORS 109.701 to 109.834, the courts of Oregon, having once acquired personal and subject matter jurisdiction in a domestic relations action, retain such jurisdiction regardless of any change of domicile. (b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B). (11) In a proceeding under this section to reconsider provisions in a judgment relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances. (12) In a proceeding under this section to reconsider provisions in a judgment relating to parenting time, the court may suspend or terminate a parent’s parenting time with a child if the court finds that the parent has abused a controlled substance and that the parenting time is not in the best interests of the child. If a court has suspended or terminated a parent’s parenting time with a child for reasons described in this subsection, the court may not grant the parent future parenting time until the parent has shown that the reasons for the suspension or termination are resolved and that reinstated parenting time is in the best interests of the child. Nothing in this subsection limits the court’s authority under subsection (1)(a) of this section. (13) In a proceeding under this section to reconsider provisions in a judgment relating to custody, temporary placement of the child by the custodial parent pursuant to ORS 109.056 (3) with the noncustodial parent as a result of military deployment of the custodial parent is not, by itself, a change of circumstances. Any fact relating to the child and the parties occurring subsequent to the last custody judgment, other than the custodial parent’s temporary placement of the child pursuant to ORS 109.056 (3) with the noncustodial parent, may be considered by the court when making a change of circumstances determination. (14) Within 30 days after service of notice under subsection (1) of this section, the party served shall file a written response with the court. (15)(a) It is the policy of this state: (A) To encourage the settlement of cases brought under this section; and (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy. (b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement: (A) As contract terms using contract remedies; (B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph. (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by
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ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding. (d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment. [1971 c.280 §16; 1973 c.502 §9; 1981 c.775 §2a; 1981 c.855 §1; 1983 c.728 §3; 1983 c.761 §9; 1987 c.795 §10; 1987 c.885 §3; 1989 c.545 §1; 1991 c.888 §2; 1993 c.315 §2; 1995 c.22 §2; 1997 c.91 §1; 1997 c.475 §6; 1997 c.704 §52; 1997 c.707 §9; 1999 c.80 §65; 1999 c.587 §2; 1999 c.1030 §2; 2001 c.104 §32; 2001 c.203 §4; 2001 c.334 §4; 2003 c.14 §41; 2003 c.116 §4; 2003 c.419 §1; 2003 c.572 §13a; 2003 c.576 §§112,112a,112b; 2005 c.708 §6; 2007 c.611 §11; 2009 c.80 §5; 2015 c.298 §90] 107.145 Vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state. (1) As used in this section and ORS 107.146: (a) “Deployed parent” means a parent of a minor child whose parental rights have not been terminated who is deployed with the Armed Forces of the United States, National Guard or other reserve component. (b) “Deployment” or “deployed”: (A) Means military service in compliance with written orders received by an active duty or reserve member of the Armed Forces of the United States, National Guard or other reserve component to report for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty or other active military service; (B) Includes the period of time from which the deployed parent receives and is subject to written orders to deploy to the actual date of deployment; and (C) Includes any period of time in which the deployed parent is awaiting travel to or from a deployment destination or remains deployed because of sickness, wounds, leave or other lawful cause. (2) Notwithstanding ORS 107.135 and except as provided in subsection (3) of this section, a court may not set aside, alter or modify any portion of a judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent until 90 days after the completion of the deployed parent’s deployment unless a motion to set aside, alter or modify was filed with, heard by and decided by the court before the commencement of the deployed parent’s deployment. (3)(a) Notwithstanding ORS 107.138 and 107.139, a court may enter a temporary order modifying the terms of a preexisting judgment of annulment, separation or dissolution of marriage that provides for the custody, parenting time, visitation, support and welfare of a minor child of a deployed parent to reasonably accommodate the circumstances of the deployed parent’s deployment in the best interests of the child, upon motion filed by either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services when required by subsection (4) of this section. The nondeployed parent bears the burden of proof that the provisions of a temporary order made under this subsection are not in the best interests of the child. (b) A temporary order entered under this subsection must include the following provisions:
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(A) Parenting time for the deployed parent during periods of approved leave in the best interests of the child; (B) Parenting time for the deployed parent during periods of deployment in the best interests of the child including but not limited to contact by telephone, electronic mail and other electronic means such as video and visual imaging; (C) Modification of the child support provisions of the preexisting judgment to reflect the changed circumstances of the parents and the child during the period of deployment; (D) A requirement that the nondeployed parent provide the court and the deployed parent with written notice 30 days prior to a change of address or telephone number during the period of deployment; (E) That the temporary order entered under this subsection terminates by operation of law upon completion of deployment and that the provisions of the preexisting judgment that have been modified by the temporary order are automatically reinstated unless a request is made and granted under subsection (5) of this section; (F) That all other provisions of the preexisting judgment not modified by the temporary order remain in effect; and (G) That deployment is considered completed for purposes of reinstating the provisions of the preexisting judgment that have been modified by the temporary order 10 days after the date on which the deployed parent serves the nondeployed parent and provides to the court and to the Administrator of the Division of Child Support of the Department of Justice or the branch office providing support services to the county in which the motion is filed copies of written orders or other official notification that the deployed parent is no longer deployed or in active military service. (4) A true copy of a motion under subsection (3) of this section shall be served by the moving party by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed. (5) Prior to reinstatement of the provisions of a preexisting judgment, a parent may request ex parte a temporary order alleging that the child will be irreparably harmed or placed in immediate danger if the provisions of the preexisting judgment are automatically reinstated upon completion of deployment. (6) When a court has entered a temporary order under subsection (3) of this section, the absence of a child from this state during a deployed parent’s deployment is considered a temporary absence for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act and this state shall retain exclusive continuing jurisdiction in accordance with ORS 109.701 to 109.834. (7) The court may award attorney fees and costs reasonably incurred in a proceeding under this section if the court finds that a party caused unreasonable delays, failed to provide information as required by this section or acted to unreasonably interfere with or frustrate contact between a deployed parent and a minor child. [2011 c.64 §2] Note: 107.145 and 107.146 were added to and made a part of 107.094 to 107.449 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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107.169 Joint custody of child; modification. (1) As used in this chapter, “joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions. (2) The existence of an order of joint custody shall not, by itself, determine the responsibility of each parent to provide for the support of the child. (3) The court shall not order joint custody, unless both parents agree to the terms and conditions of the order. (4) When parents have agreed to joint custody in an order or a judgment, the court may not overrule that agreement by ordering sole custody to one parent. (5) Modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order. (6)(a) The inability of a parent to comply with the terms and conditions of a joint custody order due to the parent’s temporary absence does not constitute a change of circumstances if the parent’s temporary absence is caused by the parent being: (A) Called into state active duty as defined in the Oregon Code of Military Justice; or (B) Called into active federal service under Title 10 of the United States Code as a member of the Oregon National Guard. (b) As used in this subsection, “temporary absence” means a period not exceeding 30 consecutive months. [1987 c.795 §6; 2003 c.576 §114; 2005 c.79 §3; 2013 c.81 §21] 107.415 Notice of change of status of child; effect of failure to give notice. (1) If a party is required by a judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing such money when the minor child receives income from the gainful employment of the child, or is married or enters the military service. (2) Any custodial parent who does not provide notice, as required by subsection (1) of this section may be required by the court to make restitution to the contributing party of any money paid, as required by the judgment. The court may enter a supplemental judgment or satisfy all or part of the support award to accomplish the restitution. [1971 c.314 §1; 2003 c.576 §120]
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Chapter 109 — Parent and Child Rights and Relationships
2015 EDITION
PARENT AND CHILD RIGHTS AND RELATIONSHIPS DOMESTIC RELATIONS PARENT AND CHILD RELATIONSHIP 109.056 Delegation of certain powers by parent or guardian; delegation during period of
military service
_______________ PARENT AND CHILD RELATIONSHIP 109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months. (3)(a) As used in this subsection, “servicemember-parent” means a parent or guardian: (A) Who is: (i) A member of the organized militia of this state; (ii) A member of the Reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States; (iii) A member of the commissioned corps of the National Oceanic and Atmospheric Administration; or (iv) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States; and (B) Who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on state active duty as defined in the Oregon Code of Military Justice. (b) A servicemember-parent of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days. (c) Except as provided in paragraph (d) of this subsection, if the minor child is living with the child’s other parent, a delegation under paragraph (b) of this subsection must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child.
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(d) When the servicemember-parent has joint custody of the minor child with the child’s other parent or another individual, and the servicemember-parent is married to an individual other than the child’s other parent, the servicemember-parent may delegate the powers designated in subsection (1) of this section to the spouse of the servicemember-parent for a period not exceeding the term of active duty service plus 30 days, unless a court finds that the delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 §4; 2007 c.250 §1; 2012 c.106 §2; 2013 c.81 §22]
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Chapter 125 — Protective Proceedings
2015 EDITION
PROTECTIVE PROCEEDINGS PROTECTIVE PROCEEDINGS; POWERS OF ATTORNEY; TRUSTS PROCEDURE IN PROTECTIVE PROCEEDINGS 125.060 Who must be given notice 125.095 Fees, costs and disbursements payable in protective proceedings CONSERVATORS (Bond) 125.410 Conservator’s bond PROCEDURE IN PROTECTIVE PROCEEDINGS 125.060 Who must be given notice. (1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice. (2) Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following persons: (a) The respondent, if the respondent has attained 14 years of age. (b) The spouse, parents and adult children of the respondent. (c) If the respondent does not have a spouse, parent or adult child, the person or persons most closely related to the respondent. (d) Any person who is cohabiting with the respondent and who is interested in the affairs or welfare of the respondent. (e) Any person who has been nominated as fiduciary or appointed to act as fiduciary for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney. (f) If the respondent is a minor, the person who has exercised principal responsibility for the care and custody of the respondent during the 60-day period before the filing of the petition. (g) If the respondent is a minor and has no living parents, any person nominated to act as fiduciary for the minor in a will or other written instrument prepared by a parent of the minor. (h) If the respondent is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.
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(i) If the respondent is receiving moneys paid or payable for public assistance provided under ORS chapter 411 by the State of Oregon through the Department of Human Services, a representative of the department. (j) If the respondent is receiving moneys paid or payable for medical assistance provided under ORS chapter 414 by the State of Oregon through the Oregon Health Authority, a representative of the authority. (k) If the respondent is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the respondent is confined. (L) If the respondent is a foreign national, the consulate for the respondent’s country. (m) Any other person that the court requires. (3) Notice of a motion for the termination of the protective proceedings, for removal of a fiduciary, for modification of the powers or authority of a fiduciary, for approval of a fiduciary’s actions or for protective orders in addition to those sought in the petition must be given by the person making the motion to the following persons: (a) The protected person, if the protected person has attained 14 years of age. (b) Any person who has filed a request for notice in the proceedings. (c) Except for a fiduciary who is making a motion, any fiduciary who has been appointed for the protected person. (d) If the protected person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person. (e) If the protected person is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the protected person is confined. (f) Any other person that the court requires. (4) A request for notice under subsection (3)(b) of this section must be in writing and include the name, address and phone number of the person requesting notice. A copy of the request must be mailed by the person making the request to the petitioner or to the fiduciary if a fiduciary has been appointed. The original request must be filed with the court. The person filing the request must pay the fee specified by ORS 21.135. (5) A person who files a request for notice in the proceedings in the manner provided by subsection (4) of this section is entitled to receive notice from the fiduciary of any motion specified in subsection (3) of this section and of any other matter to which a person listed in subsection (2) of this section is entitled to receive notice under a specific provision of this chapter. (6) If the Department of Human Services is nominated as guardian for the purpose of consenting to the adoption of a minor, the notice provided for in this section must also be given to the minor’s brothers, sisters, aunts, uncles and grandparents. (7) In addition to the requirements of subsection (2) of this section, notice of the filing of a petition for the appointment of a guardian for a person who is alleged to be incapacitated must be given by the petitioner to the following persons: (a) Any attorney who is representing the respondent in any capacity. (b) If the respondent is a resident of a nursing home or residential facility, or if the person nominated to act as fiduciary intends to place the respondent in a nursing home or residential facility, the office of the Long Term Care Ombudsman.
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(c) If the respondent is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the person nominated to act as fiduciary intends to place the respondent in such a facility, the system described in ORS 192.517 (1). (8) In addition to the requirements of subsection (3) of this section, in a protective proceeding in which a guardian has been appointed, notice of the motions specified in subsection (3) of this section must be given by the person making the motion to the following persons: (a) Any attorney who represented the protected person at any time during the protective proceeding. (b) If the protected person is a resident of a nursing home or residential facility, or if the motion seeks authority to place the protected person in a nursing home or residential facility, the office of the Long Term Care Ombudsman. (c) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the motion seeks authority to place the protected person in such a facility, the system described in ORS 192.517 (1). (9) A respondent or protected person may not waive the notice required under this section. (10) The requirement that notice be served on an attorney for a respondent or protected person under subsection (7)(a) or (8)(a) of this section does not impose any responsibility on the attorney receiving the notice to represent the respondent or protected person in the protective proceeding. [1995 c.664 §8; 1997 c.717 §5; 1999 c.122 §3; 1999 c.775 §2; 2001 c.900 §22; 2003 c.143 §3; 2005 c.22 §98; 2005 c.381 §22; 2005 c.498 §2; 2009 c.595 §85; 2011 c.595 §127] 125.095 Fees, costs and disbursements payable in protective proceedings. (1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person. (2) Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to: (a) A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion. (b) An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS 709.030, or if the conservator is the Department of Veterans’ Affairs. (c) Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding. (3) Subject to ORS 125.495 to 125.520, prior court approval is not required before: (a) Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or (b) Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding. (4) A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section. (5) ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 §15; 1997 c.631 §409; 2005 c.625 §65; 2013 c.99 §1]
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CONSERVATORS (Bond) 125.410 Conservator’s bond. (1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year’s estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization. (2)(a) The court may waive a bond for good cause shown. (b) Subsection (1) of this section does not affect the provisions of ORS 709.240, relating to a trust company acting as fiduciary, ORS 125.715, relating to a county public guardian and conservator acting as fiduciary, ORS 125.687, relating to the Oregon Public Guardian and Conservator or a deputy public guardian and conservator acting as fiduciary under ORS 125.675 to 125.687, or ORS 406.050 (10), relating to the Department of Veterans’ Affairs acting as fiduciary. (3) Sureties for a bond required under this section are jointly and severally liable with the conservator and with each other. (4) Letters of conservatorship may not be issued until the bond required by this section is approved by the court. (5) The bond of the conservator continues in effect until the sureties on the bond are released by order of the court. (6) The court may at any time increase or reduce the amount of the bond required of a conservator for the protection of the protected person and the estate of the protected person. (7) If a surety on a bond required by this section gives notice of intent to cancel the bond, the conservator shall execute and file in the protective proceeding a new bond before the cancellation date specified by the surety. The new bond shall be in the amount and subject to those conditions that may be required by the court. If the conservator fails to file a new bond, the authority of the conservator ends on the date specified by the surety for cancellation of the bond. The letters of conservatorship issued to the conservator are void from that date, and the conservator must make and file the final accounting of the conservator. [1995 c.664 §36; 2001 c.102 §5; 2005 c.625 §66; 2009 c.602 §4; 2014 c.117 §21; 2015 c.381 §7]
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Chapter 135 — Arraignment and Pretrial Provisions
2015 EDITION
ARRAIGNMENT AND PRETRIAL PROVISIONS PROCEDURE IN CRIMINAL MATTERS GENERALLY DIVERSION (Generally) 135.881 Definitions for ORS 135.881 to 135.901 135.886 Requirements for diversion; factors considered 135.898 Diversion agreement involving servicemember charged with domestic violence
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DIVERSION (Generally) 135.881 Definitions for ORS 135.881 to 135.901. As used in ORS 135.881 to 135.901: (1) “District attorney” has the meaning given that term in ORS 131.005. (2) “Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication. (3) “Diversion agreement” means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against the defendant dismissed. (4) “Servicemember” means a person who: (a) Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; or (b)(A) Served as a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; and (B) Received an honorable discharge, a general discharge under honorable conditions or a discharge under other than honorable conditions. [1977 c.373 §1; 2010 c.25 §1] 135.886 Requirements for diversion; factors considered. (1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to
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the defendant the terms of which are established by the district attorney in conformance with ORS 135.891. A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010. (2) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider at least the following factors: (a) The nature of the offense; however, except as provided in subsection (3) of this section, the offense must not have involved physical injury to another person; (b) Any special characteristics or difficulties of the offender; (c) Whether the defendant is a first-time offender; if the offender has previously participated in diversion, according to the certification of the Department of Justice, diversion may not be offered; (d) Whether there is a probability that the defendant will cooperate with and benefit from alternative treatment; (e) Whether the available program is appropriate to the needs of the offender; (f) The impact of diversion upon the community; (g) Recommendations, if any, of the involved law enforcement agency; (h) Recommendations, if any, of the victim; (i) Provisions for restitution; and (j) Any mitigating circumstances. (3) In determining whether diversion of a defendant who is a servicemember is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider all of the factors listed in subsection (2) of this section, including the nature of the offense, except that diversion may not be offered if the offense: (a) Involved serious physical injury to another person; (b) Is classified as a Class A or B felony and involved physical injury to another person; (c) Is described in ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411 or 163.427; or (d) Involved domestic violence as defined in ORS 135.230 and, at the time the offense was committed, the defendant was subject to a protective order in favor of the victim of the offense. (4) As used in this section: (a) “Physical injury” and “serious physical injury” have the meanings given those terms in ORS 161.015. (b) “Protective order” means: (A) An order issued under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040 or 163.730 to 163.750; or (B) A condition of probation, parole or post-prison supervision, or a release agreement under ORS 135.250, that prohibits the defendant from contacting the victim. [1977 c.373 §2; 1981 c.64 §1; 1981 c.803 §2; 1983 c.338 §889; 2010 c.25 §2] 135.898 Diversion agreement involving servicemember charged with domestic violence. When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS 135.230, in addition to a waiver of the right to a speedy trial, the agreement must require the servicemember to enter a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument. If the servicemember, with the advice of counsel, agrees to the terms of the agreement and enters a plea of guilty or no contest to each domestic
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violence offense charged in the accusatory instrument, the court shall stay further criminal proceedings involving the domestic violence offenses for a definite period not to exceed two years. [2010 c.25 §5]
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Chapter 137 — Judgment and Execution; Parole and Probation by the Court
2015 EDITION
JUDGMENT; EXECUTION; PAROLE; PROBATION PROCEDURE IN CRIMINAL MATTERS GENERALLY JUDGMENT (Aggravation or Mitigation) 137.090 Considerations in determining aggravation or mitigation OREGON CRIMINAL JUSTICE COMMISSION 137.680 Development of specialty court standards
_______________ JUDGMENT (Aggravation or Mitigation) 137.090 Considerations in determining aggravation or mitigation. (1) In determining aggravation or mitigation, the court shall consider: (a) Any evidence received during the proceeding; (b) The presentence report, where one is available; and (c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable. (2) In determining mitigation, the court may consider evidence regarding the defendant’s status as a servicemember as defined in ORS 135.881. (3) When a witness is so sick or infirm as to be unable to attend, the deposition of the witness may be taken out of court at such time and place, and upon such notice to the adverse party, and before such person authorized to take depositions, as the court directs. [Amended by 1965 c.400 §1; 1973 c.836 §259; 1989 c.790 §10; 2013 c.331 §1] OREGON CRIMINAL JUSTICE COMMISSION 137.680 Development of specialty court standards. (1) As used in this section, “specialty courts” means drug court programs as defined in ORS 3.450, veterans’ courts, mental health courts or any other similar court or docketing system.
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(2)(a) The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best practices applicable to specialty courts. (b) After consulting with the Judicial Department, the commission shall develop evidence-based standards that may be applied to specialty courts. The standards must: (A) Be designed to reduce recidivism in a cost-effective manner; and (B) When appropriate, target medium-risk and high-risk offenders. (3) The Chief Justice of the Supreme Court may issue an order applicable to specialty courts. The order may include a requirement that a circuit court that operates a specialty court review the standards described in subsection (2) of this section. [2013 c.649 §39] Note: 137.680 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 177 — Secretary of State
2015 EDITION
SECRETARY OF STATE EXECUTIVE BRANCH; ORGANIZATION 177.130 Fees of the Secretary of State
_______________ 177.130 Fees of the Secretary of State. (1) The Secretary of State shall establish a schedule of fees to be charged in the office of the Secretary of State for furnishing a copy of, recording, or certifying and affixing the state seal to any document; for issuing certificates of official character; and for affixing the state seal to and countersigning or attesting any document issued by the Governor. The fees shall be reasonably calculated to reimburse the office for the cost thereof. No fee, however, shall be charged for affixing the state seal and countersigning or attesting pardons, commutations, paroles, military commissions, extradition papers, certificates of election to state and district officers and commissions and appointments under which the appointee receives no compensation. (2) No member of the legislature or state officer shall be charged any fee for any certificate or certified copy relative to the official duties of the member or officer. (3) This section does not apply to any commission issued by the Governor. [Amended by 1961 c.350 §1; 1975 c.720 §1; 1981 c.11 §3]
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Chapter 181A — State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services
2015 EDITION
STATE POLICE; CRIME REPORTING; TRAINING EXECUTIVE BRANCH; ORGANIZATION PRIVATE SECURITY SERVICE PROVIDERS 181A.855 Qualifications for private security professional; rules
_______________ PRIVATE SECURITY SERVICE PROVIDERS 181A.855 Qualifications for private security professional; rules. (1) An applicant for certification as a private security professional: (a) Must be: (A) At least 18 years of age, if an applicant for certification as an unarmed private security professional; or (B) At least 21 years of age, if an applicant for certification as an armed private security professional; (b) Must have satisfactorily completed training requirements approved by the Board on Public Safety Standards and Training; and (c) Must not be required to register or be registered as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025. (2) An applicant meets the requirements of subsection (1)(b) of this section if the applicant provides the Department of Public Safety Standards and Training with documentation of military training or experience that the department determines is substantially equivalent to the training required by subsection (1)(b) of this section. (3) The department, in consultation with the board, shall adopt rules specifying those crimes for which a conviction requires the denial or revocation of certification as a private security professional or instructor. [Formerly 181.875]
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Chapter 183 — Administrative Procedures Act; Legislative Review of Rules; Civil Penalties
2015 EDITION
ADMINISTRATIVE PROCEDURES ACT EXECUTIVE BRANCH; ORGANIZATION (Contested Cases) 183.413 Notice to parties before hearing of rights and procedure; failure to provide notice 183.415 Notice of right to hearing
_______________ ADMINISTRATIVE PROCEDURES ACT (Contested Cases) 183.413 Notice to parties before hearing of rights and procedure; failure to provide notice. (1) The Legislative Assembly finds that parties to a contested case hearing have a right to be informed as to the procedures by which contested cases are heard by state agencies, their rights in hearings before state agencies, the import and effect of hearings before state agencies and their rights and remedies with respect to actions taken by state agencies. Accordingly, it is the purpose of subsections (2) and (3) of this section to set forth certain requirements of state agencies so that parties to contested case hearings shall be fully informed as to these matters when exercising their rights before state agencies. (2) Prior to the commencement of a contested case hearing before any agency including those agencies identified in ORS 183.315, the agency shall serve personally or by mail a written notice to each party to the hearing that includes the following: (a) The time and place of the hearing. (b) A statement of the authority and jurisdiction under which the hearing is to be held. (c) A statement that generally identifies the issues to be considered at the hearing. (d) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources. (e) A statement that the party has the right to respond to all issues properly before the presiding officer and present evidence and witnesses on those issues. (f) A statement indicating whether discovery is permitted and, if so, how discovery may be requested. (g) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the
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introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence. (h) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties. (i) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the agency. (j) Whether an attorney will represent the agency in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney. (k) The title and function of the person presiding at the hearing with respect to the decision process, including, but not limited to, the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person’s determination, who makes the final determination on behalf of the agency, whether the person presiding at the hearing is or is not an employee, officer or other representative of the agency and whether that person has the authority to make a final independent determination. (L) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights. (m) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the agency and the hearing reopened. (n) Whether there exists an opportunity after the hearing and prior to the final determination or order of the agency to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing. (o) A description of the appeal process from the determination or order of the agency. (p) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. (3) The failure of an agency to give notice of any item specified in subsection (2) of this section does not invalidate any determination or order of the agency unless upon an appeal from or review of the determination or order a court finds that the failure affects the substantial rights of the complaining party. In the event of such a finding, the court shall remand the matter to the agency for a reopening of the hearing and shall direct the agency as to what steps it shall take to remedy the prejudice to the rights of the complaining party. [1979 c.593 §§37,38,39; 1995 c.79 §63; 2007 c.288 §1; 2013 c.295 §1] Note: Section 2 (1), chapter 295, Oregon Laws 2013, provides: Sec. 2. (1) An agency that, prior to the effective date of this 2013 Act [September 1, 2013], provided notice of rights under the federal Servicemembers Civil Relief Act to each party to a contested case under ORS 183.413 is not required to provide the specific information described in ORS 183.413 (2)(p) in the notice so long as the agency continues to provide notice in the same manner as it was previously provided. [2013 c.295 §2(1)]
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183.415 Notice of right to hearing. (1) The Legislative Assembly finds that persons affected by actions taken by state agencies have a right to be informed of their rights and remedies with respect to the actions. (2) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail. (3) Notice under this section must include: (a) A statement of the party’s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing; (b) A statement of the authority and jurisdiction under which the hearing is to be held; (c) A reference to the particular sections of the statutes and rules involved; (d) A short and plain statement of the matters asserted or charged; (e) A statement indicating whether and under what circumstances an order by default may be entered; and (f) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. [1971 c.734 §13; 1979 c.593 §18; 1985 c.757 §1; 1997 c.837 §2; 1999 c.849 §§27,28; 2003 c.75 §29; 2007 c.288 §2; 2013 c.295 §3] Note: Section 4 (1), chapter 295, Oregon Laws 2013, provides: Sec. 4. (1) An agency that, prior to the effective date of this 2013 Act [September 1, 2013], provided notice of rights under the federal Servicemembers Civil Relief Act to each party to a contested case under ORS 183.415 is not required to provide the specific information described in ORS 183.415 (2)(f) in the notice so long as the agency continues to provide notice in the same manner as it was previously provided. [2013 c.295 §4(1)]
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Chapter 184 — Administrative Services and Transportation Departments
2015 EDITION
CERTAIN EXECUTIVE BRANCH DEPARTMENTS EXECUTIVE BRANCH; ORGANIZATION OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES (Grant Agreements for Baseball Tax Revenues) 184.404 Grant agreements; obligations of state
_______________ OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES (Grant Agreements for Baseball Tax Revenues) 184.404 Grant agreements; obligations of state. (1) The Director of the Oregon Department of Administrative Services, with the approval of the State Treasurer, may enter into one or more agreements on behalf of the State of Oregon to grant the incremental baseball tax revenues for a period of not more than 30 years. The grant agreements must: (a) Provide that the granted amounts may be used only to pay for the costs of financing, developing, constructing and furnishing a major league stadium; (b) Provide that: (A) The total payments to the grantees are limited so that the grantees do not receive, in the aggregate, more than $150 million for costs of developing, constructing and furnishing a major league stadium, plus the actual, reasonable financing costs incurred by the grantees for that amount; and (B) If the incremental baseball tax revenues in a year substantially exceed the amount reasonably required to amortize a loan of $150 million over a period of 30 years with interest, the excess may be retained by the state; (c) Terminate when: (A) The State of Oregon has made all payments assigned to the state in the grant agreements for the costs allowed under this subsection; and (B) The grantees have returned any amounts required to be returned under paragraph (i) of this subsection; (d) Require the Director of the Department of Revenue to estimate incremental baseball tax revenues, specify the methodology for estimating incremental baseball tax revenues and notify the Director of the Oregon Department of Administrative Services of the estimated incremental baseball tax revenues; (e) Specify the methodology for determining actual incremental baseball tax revenues;
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(f) Require the Director of the Oregon Department of Administrative Services to request that the Legislative Assembly appropriate an amount equal to the estimated incremental baseball tax revenues from the General Fund to the Major League Stadium Grant Fund established in ORS 184.408 so that those moneys may be disbursed under the grant agreements authorized by this section; (g) Require the Director of the Department of Revenue to determine the actual incremental baseball tax revenues and, if the actual incremental baseball tax revenues exceed the estimated incremental baseball tax revenues, notify the Director of the Oregon Department of Administrative Services of the excess; (h) Require the Director of the Oregon Department of Administrative Services, if notified of an excess under paragraph (g) of this subsection, to request that the Legislative Assembly appropriate an amount equal to the excess, adjusted for the limits and retentions described in paragraph (b) of this subsection, from the General Fund to the Major League Stadium Grant Fund so that those moneys may be disbursed under the grant agreements authorized by this section; (i) Require the grantees to return to the Director of the Oregon Department of Administrative Services for deposit in the General Fund amounts transferred to the grantees from the Major League Stadium Grant Fund that exceed the actual incremental baseball tax revenues; (j) Provide that the amounts requested for appropriations may not be reduced because of any reduction that may be enacted in Oregon personal income tax rates; (k) Require the Director of the Oregon Department of Administrative Services to disburse amounts in the Major League Stadium Grant Fund to the grantees on particular dates; (L) Provide assurances of full and fair participation in the construction, furnishing and operation of the major league stadium by minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses; (m) Provide for the maximization of economic benefits for Oregon workers in the construction, furnishing and operation of the major league stadium to the greatest extent permitted by law; and (n) Require the State of Oregon and the grantees to take any other action that the State Treasurer, the Director of the Oregon Department of Administrative Services or the Director of the Department of Revenue determines is desirable to ensure that: (A) The granted funds are used for the purposes described in ORS 184.400 to 184.408; (B) The grant agreements are administered efficiently and the interests of the State of Oregon are protected; and (C) The requests for appropriation of amounts equal to the incremental baseball tax revenues are made as described in ORS 184.400 to 184.408. (2) The obligation of the State of Oregon, under ORS 184.400 to 184.408 and the grant agreements authorized by this section, to transfer estimated or actual incremental baseball tax revenues to the Major League Stadium Grant Fund is subject to an appropriation being made for that purpose by the Legislative Assembly. The State of Oregon is not liable to any party for any reason if the Legislative Assembly fails to appropriate all or a portion of the amounts requested under subsection (1)(f) and (h) of this section to the Major League Stadium Grant Fund. However, if the Legislative Assembly does appropriate amounts for deposit in the Major League Stadium Grant Fund and those amounts are deposited in the Major League Stadium Grant Fund pursuant to the grant agreements authorized by this section, the obligation of the State of Oregon to disburse the amounts in the Major League Stadium Grant Fund is unconditional. The grant
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agreements authorized by this section are not a pledge of the full faith and credit or the taxing power of the State of Oregon, and the State of Oregon does not pledge its full faith and credit or taxing power. The grant agreements do not create an indebtedness of the State of Oregon in violation of Article XI, section 7, of the Oregon Constitution. If a provision of a grant agreement is construed to have the effect of creating a debt in violation of Article XI, section 7, of the Oregon Constitution, the provision is void. (3) The Legislative Assembly does not have a legal obligation to appropriate any amounts for disbursement under the grant agreements authorized by this section. However, the Legislative Assembly declares its current intention to appropriate amounts equal to the estimated incremental baseball tax revenues and amounts equal to the amount by which the actual incremental baseball tax revenues exceed the estimated incremental baseball tax revenues from the General Fund to the Major League Stadium Grant Fund, as provided in ORS 184.400 to 184.408, so that the amounts may be disbursed pursuant to the grant agreements authorized by this section. (4) Before commencing negotiations on a grant agreement authorized by this section, the Oregon Department of Administrative Services shall obtain one or more agreements from benefited parties to pay the state’s costs associated with negotiating and executing the grant agreement. [2003 c.808 §2; 2015 c.565 §11]
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Chapter 187 — Holidays; Standard of Time; Commemorations
2015 EDITION
HOLIDAYS; STANDARD OF TIME; COMMEMORATIONS MISCELLANEOUS MATTERS LEGAL HOLIDAYS 187.010 Legal holidays; acts deferred to next business day; effect on labor agreements COMMEMORATIONS 187.220 POW/MIA flag 187.236 Welcome Home Vietnam Veterans Day 187.242 Korean War Veterans Honor Day 187.260 Spirit of ‘45 Day.
LEGAL HOLIDAYS
187.010 Legal holidays; acts deferred to next business day; effect on labor agreements. (1) The following days are legal holidays in this state: (a) Each Sunday. (b) New Year’s Day on January 1. (c) Martin Luther King, Jr.’s Birthday on the third Monday in January. (d) Presidents Day, for the purpose of commemorating Presidents Washington and Lincoln, on the third Monday in February. (e) Memorial Day on the last Monday in May. (f) Independence Day on July 4. (g) Labor Day on the first Monday in September. (h) Veterans Day on November 11. (i) Thanksgiving Day on the fourth Thursday in November. (j) Christmas Day on December 25. (2) Each time a holiday, other than Sunday, listed in subsection (1) of this section falls on Sunday, the succeeding Monday shall be a legal holiday. Each time a holiday listed in subsection (1) of this section falls on Saturday, the preceding Friday shall be a legal holiday. (3) Any act authorized, required or permitted to be performed on a holiday as designated in this section may be performed on the next succeeding business day; and no liability or loss of rights of any kind shall result from such delay.
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(4) In enumerating legal holidays in subsection (1) of this section, the Legislative Assembly does not intend to limit or otherwise affect public or private collective bargaining or collective bargaining agreements. [Amended by 1955 c.4 §1; 1969 c.455 §1; 1973 c.51 §1; 1975 c.633 §1; 1977 c.135 §1; 1977 c.321 §1; 1985 c.518 §1] COMMEMORATIONS 187.220 POW/MIA flag. (1) A public body shall display the National League of Families’ POW/MIA flag with the United States flag and the Oregon State flag upon or near the principal building of the public body on the following days: (a) Armed Forces Day on the third Saturday in May. (b) Memorial Day on the last Monday in May. (c) Flag Day on June 14. (d) Independence Day on July 4. (e) National POW/MIA Recognition Day. (f) Veterans Day on November 11. (2) The Oregon Department of Administrative Services shall provide a National League of Families’ POW/MIA flag to a public body for display under subsection (1) of this section. (3) As used in this section, “public body” means the state, a county and a city. [1999 c.613 §1] 187.236 Welcome Home Vietnam Veterans Day. March 30 of every year is designated as Welcome Home Vietnam Veterans Day to honor veterans of the Vietnam War. [2011 c.13 §2] Note: Section 1, chapter 13, Oregon Laws 2011, provides: Sec. 1. The Legislative Assembly finds: (1) In 2009, the United States Congress, by separate Senate and House Resolutions, declared that a Welcome Home Vietnam Veterans Day should be established. (2) The Vietnam War was fought in Vietnam from 1961 to 1975, and involved North Vietnam and the Vietcong in conflict with the United States and South Vietnam. (3) The United States became involved in Vietnam because policymakers in the United States believed that if South Vietnam fell to a communist government, communism would spread throughout the rest of southeast Asia. (4) Members of the United States Armed Forces began serving in an advisory role to the South Vietnamese in 1961. (5) As a result of the Gulf of Tonkin incidents on August 2 and August 4, 1964, the United States overwhelmingly passed the Gulf of Tonkin Resolution (P.L. 88-408), on August 7, 1964, which effectively handed over the war-making powers to President Lyndon Johnson until such time as “peace and security” had returned to Vietnam. (6) In 1965, there were 80,000 United States troops in Vietnam and, by 1969, a peak of approximately 543,000 troops was reached. (7) On January 27, 1973, the Treaty of Paris was signed, which required the release of all United States prisoners of war held in North Vietnam and the withdrawal of all United States Armed Forces. (8) On March 30, 1973, the United States Armed Forces completed the withdrawal of combat troops.
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(9) More than 58,000 members of the United States Armed Forces lost their lives in Vietnam and more than 300,000 were wounded. (10) In 1982, the Vietnam Veterans Memorial was dedicated in the District of Columbia to commemorate those members of the United States Armed Forces who died or were declared missing in action in Vietnam. (11) The Vietnam War was an extremely divisive issue among the people of the United States. (12) Upon their return home, members of the United States Armed Forces who served bravely and faithfully for the United States during the Vietnam War were caught in the crossfire of public debate about the involvement of the United States in the war. (13) The establishment of a Welcome Home Vietnam Veterans Day is an appropriate way to honor those members of the United States Armed Forces who served in Vietnam during the Vietnam War. [2011 c.13 §1] 187.242 Korean War Veterans Honor Day. June 25 of every year is designated as Korean War Veterans Honor Day. [2011 c.67 §1] 187.260 Spirit of ‘45 Day. The second Sunday in August of each year is designated as Spirit of ‘45 Day to commemorate the service and sacrifice of the World War II generation. [2013 c.232 §1]
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Chapter 192 — Records; Public Reports and Meetings
2015 EDITION
RECORDS; REPORTS AND MEETINGS MISCELLANEOUS MATTERS INSPECTION OF PUBLIC RECORDS 192.501 Public records conditionally exempt from disclosure 192.502 Other public records exempt from disclosure
_______________ 192.501 Public records conditionally exempt from disclosure. The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance: … (32) Unless the public records request is made by a financial institution, as defined in ORS 706.008, consumer finance company licensed under ORS chapter 725, mortgage banker or mortgage broker licensed under ORS 86A.095 to 86A.198, or title company for business purposes, records described in paragraph (a) of this subsection, if the exemption from disclosure of the records is sought by an individual described in paragraph (b) of this subsection using the procedure described in paragraph (c) of this subsection: (a) The home address, home or cellular telephone number or personal electronic mail address contained in the records of any public body that has received the request that is set forth in: (A) A warranty deed, deed of trust, mortgage, lien, deed of reconveyance, release, satisfaction, substitution of trustee, easement, dog license, marriage license or military discharge record that is in the possession of the county clerk; or (B) Any public record of a public body other than the county clerk. 192.502 Other public records exempt from disclosure. The following public records are exempt from disclosure under ORS 192.410 to 192.505: … (37) Except as authorized by ORS 408.425, records that certify or verify an individual’s discharge or other separation from military service. … (42) Personally identifiable information and contact information of veterans as defined in ORS 408.225 and of persons serving on active duty or as reserve members with the Armed Forces of the United States, National Guard or other reserve component that was obtained by the Department of Veterans’ Affairs in the course of performing its duties and functions, including but not limited to names, residential and employment addresses, dates of birth, driver license numbers, telephone numbers, electronic mail addresses, Social Security numbers, marital status, dependents, the character of discharge from military service, military rating or rank, that the
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person is a veteran or has provided military service, information relating to an application for or receipt of federal or state benefits, information relating to the basis for receipt or denial of federal or state benefits and information relating to a home loan or grant application, including but not limited to financial information provided in connection with the application. [1987 c.373 §23e; 1987 c.764 §3; 1987 c.898 §27 (enacted in lieu of 192.500); 1989 c.6 §17; 1989 c.925 §1; 1991 c.825 §7; 1993 c.694 §27; 1993 c.817 §1; 1995 c.79 §70; 1995 c.162 §62a; 1995 c.604 §1; 1997 c.44 §1; 1997 c.559 §1; 1997 c.825 §1; 1999 c.274 §17; 1999 c.291 §24; 1999 c.379 §1; 1999 c.666 §1; 1999 c.683 §3; 1999 c.811 §2; 1999 c.855 §4; 1999 c.955 §23; 1999 c.1059 §§12,16; 2001 c.377 §§17,18; 2001 c.915 §3; 2001 c.922 §§12,13; 2001 c.962 §§80,81; 2001 c.965 §§62,63; 2003 c.14 §§90,91; 2003 c.524 §§2,3; 2003 c.733 §§49,50; 2003 c.803 §§5,6; 2005 c.397 §1; 2005 c.561 §3; 2005 c.659 §1; 2007 c.152 §1; 2007 c.181 §1; 2007 c.513 §5; 2007 c.687 §7; 2009 c.57 §4; 2009 c.500 §1; 2009 c.541 §7; 2009 c.604 §22; 2010 c.76 §15; 2011 c.9 §16; 2011 c.424 §1; 2011 c.645 §6; 2012 c.45 §26; 2012 c.90 §§19,30; 2013 c.325 §3; 2013 c.550 §5; 2013 c.587 §1; 2013 c.732 §5; 2015 c.26 §1; 2015 c.313 §5; 2015 c.383 §1; 2015 c.481 §2; 2015 c.805 §1]
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Chapter 194 — Uniform Law on Notarial Acts; Unsworn Foreign Declarations
2015 EDITION
NOTARIES; UNSWORN FOREIGN DECLARATIONS MISCELLANEOUS MATTERS REVISED UNIFORM LAW ON NOTARIAL ACTS 194.240 Identification of individual 194.270 Notarial act under federal authority
_______________ REVISED UNIFORM LAW ON NOTARIAL ACTS 194.240 Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (a) By means of: (A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or (B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual; (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of: (A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or (B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual; or (c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility.
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(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual. [2013 c.219 §6] 194.270 Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by: (a) A judge or a clerk of a court; (b) An individual in military service, or performing duties under the authority of the military service, who is authorized to perform notarial acts under federal law; (c) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or (d) Any other individual authorized by federal law to perform the notarial act. (2) The signature and title of an individual performing a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of an individual described in subsection (1) of this section conclusively establish the authority of the individual to perform the notarial act. [2013 c.219 §12]
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Chapter 200 — Disadvantaged Business Enterprises; Minority-Owned Businesses; Woman-Owned Businesses; Businesses Owned by Service-Disabled Veterans; Emerging
Small Businesses
2015 EDITION CERTAIN DISADVANTAGED BUSINESS ENTERPRISES MISCELLANEOUS MATTERS GENERAL PROVISIONS 200.005 Definitions for ORS 200.005 to 200.075, 200.160 to 200.200 and 279A.105 200.025 Governor’s Policy Advisor for Economic and Business Equity; Certification Office
for Business Inclusion and Diversity; duties 200.045 Required participants; rebuttable presumption of responsibility and good faith efforts
to encourage participation in public contracts CERTIFICATION 200.055 Certification as disadvantaged business enterprise, minority-owned business, woman-
owned business, business that service-disabled veteran owns or emerging small business; fees; rules; appeal
200.065 Fraudulent conduct prohibited; penalty and other sanctions 200.075 Prohibited conduct; suspension of right to participate in public contracts; revocation
of certification RESPONSIBILITY OF CONTRACTING AGENCIES 200.090 Contracting agencies to pursue policy of providing opportunities MENTOR RELATIONSHIP 200.110 Mentor relationship; guidelines; eligibility 200.120 Development plan for mentor relationship; contents; review; termination GENERAL PROVISIONS 200.005 Definitions for ORS 200.005 to 200.075, 200.160 to 200.200 and 279A.105. As used in ORS 200.005 to 200.075, 200.110, 200.120, 200.160 to 200.200 and 279A.105:
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(1) “Contracting agency” has the meaning given that term in ORS 279A.010. (2) “Contractor” means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agency’s specifications and for the purpose of accomplishing results the contracting agency intends, while retaining control of the means, methods and manner of performing the services or supplying the materials. (3) “Disadvantaged business enterprise” means a small business concern: (a) At least 51 percent of which one or more socially and economically disadvantaged individuals own; or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more economically disadvantaged individuals who also control and manage the daily business operations of the small business concern. (4) “Economically disadvantaged individual” means a socially disadvantaged individual for whom diminished capital and credit opportunities have impaired the individual’s ability to compete in the free enterprise system as compared to other individuals in the same business area who are not socially disadvantaged individuals. (5) “Emerging small business” means an independent business concern that: (a) Has a principal place of business located in this state; (b) Qualifies as a tier one firm or a tier two firm; (c) Is properly licensed and legally registered in this state; and (d) Is not a subsidiary or parent company that belongs to a group of firms that the same individuals own or control if, in the aggregate, the group of firms does not qualify as a tier one firm or a tier two firm. (6) “Minority individual” means an individual who is a citizen or lawful permanent resident of the United States and is: (a) African American, having origins in any of the original peoples of Africa; (b) Hispanic, having Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race; (c) Asian American, having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent or the Pacific Islands; (d) Portuguese, having Portuguese, Brazilian or other Portuguese culture or origin, regardless of race; (e) American Indian or Alaskan Native, having origins in any of the original peoples of North America; or (f) Any other individual or member of another group that the Certification Office for Business Inclusion and Diversity determines is socially and economically disadvantaged. (7) “Minority-owned business,” “woman-owned business” or “business that a service-disabled veteran owns” means, as appropriate, a small business concern: (a) At least 51 percent of which one or more minority individuals, women or service-disabled veterans own and control; or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more minority individuals, women or service-disabled veterans who also control and manage the daily business operations of the small business concern. (8) “Responsible bidder or proposer” means a bidder or proposer that the Governor’s Policy Advisor for Economic and Business Equity determines has undertaken both a policy and practice of actively pursuing participation by minority-owned businesses, woman-owned businesses,
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businesses that service-disabled veterans own or emerging small businesses in all of the bidder’s or proposer’s bids or proposals, both public and private. (9) “Service-disabled veteran” means a veteran who has a United States Department of Veterans Affairs disability rating of at least zero percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service and who received a discharge or release under other than dishonorable conditions. (10) “Small business concern” means a small business, as defined by the United States Small Business Administration in 13 C.F.R. part 121, as in effect on January 1, 2016. (11) “Socially disadvantaged individual” means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual’s identity as a member of a group. (12) “State contracting agency” has the meaning given that term in ORS 279A.010. (13) “Subcontractor” means a contractor that does not have a direct contractual relationship with a contracting agency. (14) “Tier one firm” means a business that employs not more than 19 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (15) “Tier two firm” means a business that employs not more than 29 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (16) “Woman” means a person of the female gender who is a citizen or lawful permanent resident of the United States. [1987 c.893 §2; 1989 c.1043 §1; 1991 c.517 §9; 2001 c.104 §71; 2003 c.794 §213; 2005 c.22 §§150,151; 2005 c.683 §§4,5; 2015 c.565 §1] 200.025 Governor’s Policy Advisor for Economic and Business Equity; Certification Office for Business Inclusion and Diversity; duties. (1) The Governor shall appoint a Governor’s Policy Advisor for Economic and Business Equity within the office of the Governor. (2) The Certification Office for Business Inclusion and Diversity is created within the Oregon Business Development Department, and the Director of the Oregon Business Development Department shall appoint the employees of the office. (3) The Governor’s Policy Advisor for Economic and Business Equity shall: (a) Advise the Governor and the director on activities and initiatives that may promote the economic integration of minorities, women, service-disabled veterans and emerging small businesses into the business sector; (b) Prepare an annual report to the Governor, director and Legislative Assembly on disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses that examines: (A) The status of the enterprises and businesses in the marketplace; (B) Accomplishments and resolutions that have occurred with respect to issues that concern the enterprises and businesses; and (C) Recommendations for executive and legislative action; and (c) Carry out other duties that the Governor may assign. (4) The Certification Office for Business Inclusion and Diversity shall: (a) Provide information to minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses;
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(b) Assist in developing and implementing an aggressive strategy for this state, based on research and monitoring, that encourages minorities, women, service-disabled veterans and emerging small businesses to participate in the state’s economy; (c) Recommend to the director methods for researching, developing and implementing a plan to involve minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses in all state programs; (d) Maintain, in consultation with the Department of Transportation, public universities listed in ORS 352.002 and other entities, an Oregon Opportunity Register and Clearinghouse for information about contracting agency solicitations and other opportunities to submit bids or proposals to contracting agencies to provide goods, supplies and services, including professional services; (e) Monitor the certification and compliance program under ORS 200.055 for: (A) Disadvantaged business enterprises; (B) Minority-owned businesses, woman-owned businesses and businesses that service-disabled veterans own; and (C) Emerging small businesses; (f) Investigate complaints and possible abuses of the certification program; and (g) Assist in promoting and coordinating plans, programs and operations of state government that help minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses to participate in the economic life of this state. [1987 c.893 §4; 1989 c.1043 §3; 1993 c.500 §7; 1993 c.744 §§189,189a; 2003 c.794 §214; 2005 c.683 §§6,7; 2009 c.830 §135; 2015 c.565 §2; 2015 c.767 §§60,224,225] 200.045 Required participants; rebuttable presumption of responsibility and good faith efforts to encourage participation in public contracts. (1) As used in this section, “required participant” means: (a) A disadvantaged business enterprise; (b) A minority-owned business, a woman-owned business or a business that a service-disabled veteran owns; or (c) An emerging small business. (2) If a public contract requires participation from a required participant and a bidder or proposer for the public contract is not a required participant, a contracting agency may award the public contract to the bidder or proposer only if the bidder or proposer: (a) Demonstrates that the bidder or proposer is responsible; and (b) Has made good faith efforts to encourage required participants to participate in the public contract. (3) A contracting agency may rebuttably presume that for the purposes of this section a bidder or proposer is responsible and has made good faith efforts to encourage required participants to participate in the public contract if the bidder or proposer takes all of these actions: (a) Attends presolicitation or prebid meetings that the contracting agency scheduled to inform disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses of contracting and subcontracting or material supply opportunities available in connection with a public contract; (b) Identifies and selects specific economically feasible units of the public contract that disadvantaged business enterprises, minority-owned businesses, woman-owned businesses,
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businesses that service-disabled veterans own and emerging small businesses may perform in order to increase the likelihood that required participants will participate in the public contract; (c) Advertises the opportunities described in paragraphs (a) and (b) of this subsection in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minorities, women, service-disabled veterans and emerging small businesses; (d) Provides written notice of the opportunities described in paragraphs (a) and (b) of this subsection to a reasonable number of specific disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses that the bidder or proposer identified from a list of enterprises or businesses that the Certification Office for Business Inclusion and Diversity certified under ORS 200.055, in sufficient time to allow the enterprises or businesses to participate effectively; (e) Follows up on the bidder’s or proposer’s initial solicitations of interest by contacting the enterprises or businesses to which the bidder or proposer provided notice under paragraph (d) of this subsection to determine with certainty whether the enterprises or businesses are interested in the opportunities described in paragraphs (a) and (b) of this subsection; (f) Provides interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses with adequate information about plans, specifications and requirements for subcontracting or material supply work in connection with the public contract; (g) Negotiates in good faith with interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses, and did not without justifiable reason reject as unsatisfactory bids or proposals that the enterprises or businesses prepared; (h) Advises and assists interested disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses to obtain, when necessary, bonding, lines of credit or insurance that the contracting agency or contractor requires; (i) Makes efforts to encourage disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses to participate in the public contract that the contracting agency may reasonably expect will produce a level of participation that meets the contracting agency’s goals or requirements; and (j) Uses the services of minority community organizations, minority contractor groups, local, state and federal minority business assistance offices and other organizations that the Governor’s Policy Advisor for Economic and Business Equity identifies as providing assistance in recruiting disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses for participation in public contracts. (4) A contracting agency may rebuttably presume that for the purposes of this section a bidder or proposer is not responsible and has not made good faith efforts to encourage required participants to participate in a public contract if the bidder or proposer does not take all of the actions required under subsection (3) of this section. Superficial or pro forma efforts do not demonstrate responsibility or constitute adequate good faith efforts under this section. [1987 c.893 §7; 1989 c.1043 §8; 1997 c.145 §2; 2003 c.794 §215; 2009 c.830 §136; 2015 c.565 §4]
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CERTIFICATION 200.055 Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business; fees; rules; appeal. (1)(a) An enterprise or business may apply to the Certification Office for Business Inclusion and Diversity for certification as: (A) A disadvantaged business enterprise; (B) A minority-owned business; (C) A woman-owned business; (D) A business that a service-disabled veteran owns; or (E) An emerging small business. (b) An enterprise or business shall submit a separate application for each category of certification the enterprise or business seeks under paragraph (a) of this subsection. (c) If an enterprise or business qualifies under ORS 200.005 to 200.075 and if the office approves an application from the enterprise or business, the office shall certify the enterprise or business under one or more of the categories described in paragraph (a) of this subsection. (d) For purposes of awarding a public contract, a contracting agency shall recognize an enterprise or business with a certification from the office as the category of enterprise or business described in the certification and as having met the requirements set forth in ORS 200.005 to 200.075. For purposes of awarding a subcontract in connection with a public contract, a contractor may recognize a subcontractor with a certification from the office as the category of enterprise or business described in the certification and as having met the requirements set forth in ORS 200.005 to 200.075. (2) In consultation with public universities listed in ORS 352.002 and the Department of Transportation, and with the approval of the Governor’s Policy Advisor for Economic and Business Equity, the Oregon Business Development Department by rule shall adopt a uniform standard form and procedure to provide complete documentation of an enterprise’s or a business’ status as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. The department shall compile and make available a list of enterprises and businesses that the Certification Office for Business Inclusion and Diversity certifies under this section. (3) If the Certification Office for Business Inclusion and Diversity denies a certification as, or decertifies, a disadvantaged business enterprise, an affected business enterprise may appeal directly to the United States Department of Transportation. (4) If the Certification Office for Business Inclusion and Diversity denies, revokes or refuses to renew a business’s certification as a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, the business may request a contested case hearing as provided in ORS chapter 183. (5) The Oregon Business Development Department, through the Certification Office for Business Inclusion and Diversity, is the sole agency that may certify enterprises and businesses as disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses that are eligible to perform public contracts in this state. (6) The Oregon Business Development Department by rule may establish a fee not to exceed $100 for a copy of the list described in subsection (2) of this section and may assess contracting agencies for services under ORS 200.005 to 200.075.
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(7) The Department of Transportation may collect a fee, not to exceed $200, from a bidder or proposer at the time the bidder or proposer prequalifies to perform public contracts to cover the costs of the Oregon Business Development Department in administering ORS 200.005 to 200.075. The Department of Transportation shall transfer fees that the Department of Transportation collects under this subsection to the credit of the account established under subsection (8) of this section. (8) The Oregon Business Development Department shall establish a special account in which to deposit fees and assessments. The special account is continuously appropriated to the Oregon Business Development Department to meet the Oregon Business Development Department’s expenses in administering ORS 200.005 to 200.075. [1987 c.893 §8; 1989 c.1043 §4; 1993 c.500 §8; 1997 c.145 §3; 2003 c.794 §216; 2009 c.830 §137; 2015 c.148 §1; 2015 c.565 §5; 2015 c.767 §61] 200.065 Fraudulent conduct prohibited; penalty and other sanctions. (1) A person may not fraudulently obtain or retain, attempt to fraudulently obtain or retain or aid another person in fraudulently obtaining or retaining or attempting to fraudulently obtain or retain certification as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. (2) A person may not knowingly make a false claim that any person is qualified for certification or is certified under ORS 200.055 for the purpose of obtaining a public contract or subcontract or other benefit. (3) An affected contracting agency may withhold payment, may suspend or terminate a public contract and may impose on any person a civil penalty that does not exceed 10 percent of the contract or subcontract price or $5,000, whichever is less, for each violation of subsection (1) or (2) of this section. The person shall pay the penalty to the affected contracting agency. If the affected contracting agency does not impose a civil penalty on the person under this subsection, the Oregon Business Development Department may independently impose a civil penalty that does not exceed $5,000 for each violation of subsection (1) or (2) of this section. The person shall pay a penalty that the department imposes to the Certification Office for Business Inclusion and Diversity. (4) The department or an affected contracting agency shall investigate violations of subsection (1) or (2) of this section. In investigating a violation, the department or an affected contracting agency may require any additional information, administer oaths, take depositions and issue subpoenas to compel witnesses to attend and compel the production of books, papers, records, memoranda or other information necessary to carry out the department’s or the affected contracting agency’s duties. If a person fails to comply with any subpoena that the department or the affected contracting agency issued under this subsection or refuses to testify on any matter on which a person may lawfully be interrogated, the department or the affected contracting agency shall follow the procedure provided in ORS 183.440 to compel compliance. (5) The department or an affected contracting agency may disqualify from submitting a bid or proposal or receiving an award of a public contract, for a period of not more than three years, any person that under oath during the course of an investigation admits to violating subsection (1) or (2) of this section or that the department or the affected contracting agency finds to have violated subsection (1) or (2) of this section. Any contracting agency that has notice of the finding of the fraudulent certification may also disqualify the person from bidding on or
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participating in any public contract. [1987 c.893 §9; 1989 c.1043 §5; 1997 c.145 §4; 2009 c.830 §139; 2013 c.1 §21; 2015 c.148 §2; 2015 c.565 §6] 200.075 Prohibited conduct; suspension of right to participate in public contracts; revocation of certification. (1) An affected contracting agency shall suspend any bidder’s, proposer’s, contractor’s or subcontractor’s right to submit a bid or proposal for, or receive an award of, a public contract in the future if the bidder, proposer, contractor or subcontractor knowingly commits any of the acts listed in this subsection. The affected contracting agency shall suspend the right only after providing notice and opportunity for hearing in a manner that the affected contracting agency provides by rule. The affected contracting agency shall specify a time for the suspension that is up to one year for a first violation, up to three years for a second violation and up to five years for a third violation. Each violation must remain on record for five years. After five years the affected contracting agency may not consider the violation in reviewing future violations. A bidder, proposer, contractor or subcontractor may not: (a) Enter into any agreement to represent that a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 will perform work or supply materials under a public contract without the knowledge and consent of the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business. (b) Exercise or permit another bidder, proposer, contractor or subcontractor to exercise management and decision making control over the internal operations of a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, other than the bidder’s, proposer’s, contractor’s or subcontractor’s own enterprise or business. As used in this paragraph, “internal operations” does not include normal scheduling, coordination, execution or performance as a subcontractor on a public contract. (c) Use a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business to perform a public contract or subcontract or to supply material under a public contract to meet an established goal or requirement if the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business does not perform a commercially useful function in carrying out responsibilities and obligations under the public contract. (d) Fail to perform a commercially useful function in performing a public contract or subcontract or in supplying material to a contractor or subcontractor that is performing a public contract or subcontract if the bidder, proposer, contractor or subcontractor is presented as a certified disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business to meet an established goal or requirement. (2) The Certification Office for Business Inclusion and Diversity shall revoke an enterprise’s or a business’s certification under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business if, after conducting an investigation in a manner similar to the manner provided in ORS 200.065 (4) for investigating a violation of ORS 200.065 (1) or (2), the Oregon Business Development Department finds that the enterprise or business allows or
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commits any of the acts listed in this subsection. A disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business may not: (a) Use the enterprise’s or business’s name to meet a goal or requirement for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own or emerging small businesses to participate in a public contract or subcontract if the enterprise or business does not in fact intend to or does not actually perform work under the public contract or subcontract or does not intend to or does not purchase and supply material under a public contract or subcontract to supply material. (b) Use personnel of an uncertified enterprise or business to operate, manage or otherwise control the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business. (c) Exhibit a pattern of failing to perform a commercially useful function in performing a public contract or subcontract or supplying material to a contractor or subcontractor on a public contract if the enterprise or business is represented as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 for the purpose of meeting an established goal or requirement. (3)(a) An affected contracting agency shall notify the department if the affected contracting agency investigates a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business for failing to perform a commercially useful function. (b) The department may conduct an independent investigation of a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business for exhibiting a pattern of failing to perform a commercially useful function in response to notifications from one or more affected contracting agencies under paragraph (a) of this subsection. (4) As used in this section, “commercially useful function”: (a) Means a function or service: (A) That the enterprise or business actually performs; (B) For which a demand exists in the marketplace; and (C) For which the enterprise or business receives payment that is proportionate to the work that the enterprise or business performs or that conforms with industry standards. (b) Does not include acting as a broker to provide for others to perform work. [1987 c.893 §11; 1989 c.1043 §6; 1991 c.91 §1; 1995 c.452 §21; 2015 c.148 §3; 2015 c.565 §7]
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RESPONSIBILITY OF CONTRACTING AGENCIES 200.090 Contracting agencies to pursue policy of providing opportunities. Contracting agencies shall aggressively pursue a policy of providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses and shall cooperate with the Governor’s Policy Advisor for Economic and Business Equity to determine the best means by which to make such opportunities available. [1989 c.1043 §10; 2015 c.565 §8] MENTOR RELATIONSHIP 200.110 Mentor relationship; guidelines; eligibility. (1) The Oregon Business Development Department may recognize a mentor relationship between contractors and disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses that are certified under ORS 200.055. In order to qualify for the department’s recognition, the mentor relationship must offer the opportunity for the contractor to foster and encourage disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses to expand the capacity of existing enterprises and businesses and to offer the opportunity for less experienced enterprises and businesses to gain training and assistance. (2) To have the department recognize the mentor relationship described in subsection (1) of this section, a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business must follow guidelines that include, but are not limited to: (a) Meeting the certification requirements of the U.S. Department of Transportation or ORS 200.055. The Certification Office for Business Inclusion and Diversity may approve an application for certification under ORS 200.055 at the same time the department approves a mentor arrangement. (b) Remaining independent from the contractor and maintaining a minority individual’s, woman’s or service-disabled veteran’s actual ownership of the enterprise or business. A minority individual, woman or service-disabled veteran who owns the enterprise or business may have other employment and business interests if the employment or business interests do not conflict with the minority individual’s, woman’s or service-disabled veteran’s power to direct the management and policies of the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business and to make day-to-day and major decisions on matters of management, policy and operations. A contractor may provide facilities to the enterprise or business if the contractor and the enterprise or business maintain a separate lease agreement. (c) Complying with 49 C.F.R. 26 as to an individual’s or entity’s part ownership in a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business if the individual or entity is not certified under ORS 200.055. The enterprise or business shall report any property, equipment, supplies or other services that the enterprise or business buys, rents or receives as a donation and any investment that an individual or entity makes in the enterprise or business if the
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individual or entity is not certified under ORS 200.055. The report must include bills of sale, lease agreements or similar documents. (3) A mentor relationship may include an arrangement with an independent third party, such as a bank or accountant, to act as an agent. A third party may receive progress payments for work that a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business accomplishes, made out jointly to the third party and the enterprise or business, and may make payments on behalf of the enterprise or business to material suppliers or for federal and state payroll taxes. (4) Types of assistance that a contractor may provide in a mentor relationship to a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business include: (a) Financial assistance; (b) Technical and management assistance; (c) Equipment rental and use of personnel; and (d) Bonding assistance. [1991 c.559 §2; 2009 c.830 §140; 2015 c.565 §9] 200.120 Development plan for mentor relationship; contents; review; termination. (1) The Oregon Business Development Department, in consultation with the Oregon Association of Minority Entrepreneurs, may approve a written development plan as part of a mentor relationship. The development plan must: (a) Clearly set forth the objectives and roles of the parties; (b) Be for a specified length of time; (c) Determine measurable goals that the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business must reach; and (d) Provide that if a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business uses a mentor’s resources in performing contracts or subcontracts for the mentor or for another contractor, the enterprise or business shall separately identify, account for and directly compensate the mentor for the resources. The department may closely monitor a development plan that provides that the enterprise or business will use the mentor’s resources extensively. (2) The development plan may also provide for the mentor to train the disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns, or emerging small business. Training may include: (a) Business planning; (b) Record keeping; (c) Technical training; (d) Capital formation; (e) Loan packaging; (f) Financial counseling; (g) Bonding; and (h) Equipment utilization. (3) The Oregon Business Development Department and the Oregon Association of Minority Entrepreneurs may review the development plan annually to monitor progress. (4) The development plan must provide that the mentor relationship may be terminated by mutual consent or if:
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(a) An enterprise or a business no longer qualifies for certification under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business; (b) Either party has failed or is unable to meet the party’s obligations under the development plan; (c) The disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business is not progressing or is not likely to progress in accordance with the development plan; (d) The disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business has reached a satisfactory level of self-sufficiency to compete without resorting to special treatment provided in the development plan; or (e) The plan or provisions of the plan are contrary to the requirements of federal, state, or local law or regulation, or otherwise contrary to public policy. (5) The parties to the development plan, the Oregon Business Development Department and the Oregon Association of Minority Entrepreneurs shall retain copies of the plan. (6) The development plan may provide that either party may dissolve the plan for any reason by notifying the Oregon Business Development Department and the Oregon Association of Minority Entrepreneurs. [1991 c.559 §3; 2009 c.830 §141; 2015 c.565 §10]
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Chapter 215 — County Planning; Zoning; Housing Codes
2015 EDITION
COUNTY PLANNING; ZONING; HOUSING CODES COUNTIES AND COUNTY OFFICERS AGRICULTURAL LAND USE (Exclusive Farm Use Zones) 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands
system prior to 1993; rules 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules
_______________ AGRICULTURAL LAND USE (Exclusive Farm Use Zones) 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use: … (s) An Armed Forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, “Armed Forces reserve center” includes an armory or National Guard support facility. Note: The amendments to 215.213 by section 7, chapter 462, Oregon Laws 2013, become operative January 2, 2024. See section 10, chapter 462, Oregon Laws 2013. The text that is operative on and after January 2, 2024, is set forth for the user’s convenience. 215.213. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use: … (s) An Armed Forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, “Armed Forces reserve center” includes an armory or National Guard support facility.
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215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules. … (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: … (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. A community center authorized under this paragraph may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. Note: The amendments to 215.283 by section 8, chapter 462, Oregon Laws 2013, become operative January 2, 2024. See section 10, chapter 462, Oregon Laws 2013. The text that is operative on and after January 2, 2024, is set forth for the user’s convenience. 215.283. … (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: … (e) Community centers owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. A community center authorized under this paragraph may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services.
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Chapter 226 — City Parks, Memorials and Cemeteries
2015 EDITION
CITY PARKS, MEMORIALS AND CEMETERIES CITIES PARKS, MEMORIALS AND OTHER PUBLIC GROUNDS IN CITIES OF 5,000 OR MORE 226.320 Authority to acquire land for certain purposes 226.400 Construction of memorials or veterans’ facilities in parks within city limits
_______________ PARKS, MEMORIALS AND OTHER PUBLIC GROUNDS IN CITIES OF 5,000 OR MORE 226.320 Authority to acquire land for certain purposes. Whenever the municipal authorities determine by ordinance to do so, the city may purchase, acquire, take, use, enter upon and appropriate land and property within or without its corporate limits for the purpose of: (1) Public squares, parks, memorial monuments or buildings, pioneer memorials, pioneer museums, memorials and monuments to United States war veterans, sites or buildings for meeting places for such war veterans, auto campgrounds, playgrounds or comfort stations. (2) Enlarging any public square, park, auto campground, playground or comfort station. 226.400 Construction of memorials or veterans’ facilities in parks within city limits. The city may permit and authorize the following uses of parks, which are lawful uses of any grounds or premises dedicated as public parks, unless the use thereof for such purposes is forbidden by the terms of the conveyance creating such parks: (1) The erection and construction of memorial monuments and buildings. (2) Pioneer memorials and pioneer museums. (3) Memorials and monuments to United States war veterans. (4) Buildings for meeting places of pioneer associations or veterans upon any public park within the limits of the city. [Amended by 2005 c.22 §172]
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Chapter 238 — Public Employees Retirement System
2015 EDITION
PUBLIC EMPLOYEES RETIREMENT SYSTEM PUBLIC OFFICERS AND EMPLOYEES RETIREMENT CREDIT (Credit for Periods of Service With Other Employers) 238.156 Contributions, benefits and retirement credit for periods of service in uniformed
services or Armed Forces; rules 238.157 Alternative provision for retirement credit for periods of service with Armed Forces 238.160 Retirement credit for service while on loan to federal government BENEFITS (Service Retirement Allowance) 238.300 Service retirement allowance (Disability Retirement Allowance) 238.325 Optional disability retirement allowance calculations
_______________ RETIREMENT CREDIT (Credit for Periods of Service With Other Employers) 238.156 Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces; rules. (1) Notwithstanding any other provision of this chapter, but subject to subsection (4) of this section, an employee who leaves a qualifying position for the purpose of performing service in the uniformed services is entitled to receive contributions, benefits and service credit for the period under rules adopted by the Public Employees Retirement Board pursuant to subsection (2) of this section. (2) The board shall adopt rules establishing contributions, benefits and service credit for any period of service in the uniformed services by an employee described in subsection (1) of this section. For the purpose of adopting rules under this subsection, the board shall consider and take
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into account all federal law relating to contributions, benefits and service credit for any period of service in the uniformed services. Contributions, benefits and service credit under rules adopted by the board pursuant to this subsection may not exceed contributions, benefits and service credit required under federal law for periods of service in the uniformed services. (3) Subject to subsection (4) of this section, an employee who leaves a qualifying position for the purpose of entering or reentering active service in the Armed Forces shall acquire retirement credit for the period during which the employee served in the Armed Forces if: (a) The employee returns to the service of the employer who employed the employee immediately before commencing service in the Armed Forces in a qualifying position; (b) The employee returns to that employment within one year after being otherwise than dishonorably discharged from the Armed Forces and within five years after the date that the employee entered or reentered active service in the Armed Forces; and (c) After returning to employment and before retirement, the employee pays to the Public Employees Retirement Board in a lump sum six percent of the salary that would have been paid to the member during the period of military service in the Armed Forces based on the employee’s salary rate at the time the employee entered or reentered the Armed Forces, as though the employee had remained in the employment of the employer. Any lump sum contribution made under this paragraph shall be added to the employee’s regular account and in all respects shall be considered as though made by payroll deduction. (4) An employee may not receive benefits under both subsections (1) and (3) of this section for the same period of service in the Armed Forces or uniformed services. If an employee is entitled to benefits under both subsections (1) and (3) of this section by the terms of those provisions, the employee shall receive benefits under the subsection that provides the greater benefit. (5) For the purposes of this section, “Armed Forces” means the Army, Navy, Air Force, Marine Corps and Coast Guard. [1997 c.175 §2 (enacted in lieu of 238.155); 2001 c.945 §42; 2003 c.625 §21; 2003 c.733 §51a; 2005 c.152 §8] 238.157 Alternative provision for retirement credit for periods of service with Armed Forces. (1) Any person who entered or reentered active service in the Armed Forces of the United States after January 1, 1950, for other than active duty for training, or who was in active service in the Armed Forces of the United States on January 1, 1950, for other than active duty for training, and who, after being other than dishonorably discharged therefrom, entered the employ of an employer participating in the Public Employees Retirement System, may acquire retirement credit for up to four years of active service in the Armed Forces by paying in a lump sum to the Public Employees Retirement Board within 90 days of the member’s effective date of retirement an amount determined by the board to represent the full cost to the system of providing the retirement credit to the member, including all administrative costs incurred by the system in processing the application for acquisition of the retirement credit. (2) No person shall receive retirement credit under this section for any period of service with the Armed Forces of the United States for which that person receives credit under the provisions of ORS 238.156 or for which the person is receiving or entitled to receive a pension or retirement pay under a public retirement system established by the United States for the performance of service in the Armed Forces. (3) Any person acquiring retirement credit under this section may elect to have the service retirement allowance of the person determined under any calculation for which the person is
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eligible under ORS 238.300, even if the calculation does not produce the largest service retirement allowance. An election under this subsection must be made within 90 days of the member’s effective date of retirement. [1997 c.578 §2; 2003 c.105 §2; 2005 c.808 §26] 238.160 Retirement credit for service while on loan to federal government. Any employee of an employer participating in the system shall receive retirement credit, subject to the limitations of this chapter, for the period of employment with the participating employer prior to July 1, 1946, and for employment in any branch or department of the United States Government, and for military service in the Armed Forces of the United States, as though the person had been an employee of the participating employer throughout such period of employment or service, if within 40 days from and after separation from such civilian employment with the United States Government, or within one year after being otherwise than dishonorably discharged from military service in the Armed Forces of the United States, the person returned to the employment of the participating employer from which the person was transferred or loaned, provided that such employee comes within either of the following descriptions: (1) Prior to employment with the United States Government, the person was employed by the participating employer and was transferred or loaned to a branch or department of the United States Government pursuant to an agreement between such participating employer and such branch or department of the United States Government for the transfer or loan of any departmental unit of such participating employer to the federal government during the war emergency. (2) Served in any branch of the Armed Forces of the United States while on military leave of absence from a position in federal government employment as set forth in subsection (1) of this section. [Formerly 237.097] BENEFITS (Service Retirement Allowance) 238.300 Service retirement allowance. Upon retiring from service at normal retirement age or thereafter, a member of the system shall receive a service retirement allowance which shall consist of the following annuity and pensions: (1) A refund annuity which shall be the actuarial equivalent of accumulated contributions, if any, by the member and interest thereon credited at the time of retirement, which annuity shall provide an allowance payable during the life of the member and at death a lump sum equal in amount to the difference between accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during life shall be paid to such person, if any, as the member nominates by written designation duly acknowledged and filed with the board or shall otherwise be paid according to the provisions of this chapter for disposal of an amount credited to the member account of a member at the time of death in the event the member designates no beneficiary to receive the amount or no such beneficiary is able to receive the amount. If death of the member occurs before the first payment is due, the member account of the member shall be treated as though death had occurred before retirement. (2)(a) A life pension (nonrefund) for current service provided by the contributions of employers, which pension, subject to paragraph (b) of this subsection, shall be an amount which,
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when added to the sum of the annuity, if any, under subsection (1) of this section and the annuity, if any, provided on the same basis and payable from the Variable Annuity Account, both annuities considered on a refund basis, results in a total of: (A) For service as a police officer or firefighter, two percent of final average salary multiplied by the number of years of membership in the system as a police officer or firefighter before the effective date of retirement. (B) For service as other than a police officer or firefighter, including service as a member of the Legislative Assembly, 1.67 percent of final average salary multiplied by the number of years of membership in the system as other than a police officer or firefighter before the effective date of retirement. (b) A pension under this subsection shall be at least: (A) For a member who first establishes membership in the system before July 1, 2003, the actuarial equivalent of the annuity provided by the accumulated contributions of the member. A person establishes membership in the system before July 1, 2003, for the purposes of this subparagraph if: (i) The person is a member of the system, or a judge member of the system, on the day immediately before July 1, 2003; or (ii) The person performed any period of service for a participating public employer before July 1, 2003, that is credited to the six-month period of employment required of an employee under ORS 238.015 before an employee may become a member of the system. (B) For a member who made contributions before August 21, 1981, the equivalent of a pension computed pursuant to this subsection as it existed immediately before that date. (c) As used in this subsection, “number of years of membership” means the number of full years of creditable service plus any remaining fraction of a year of creditable service. Except as otherwise provided in this paragraph, in determining a remaining fraction a full month shall be considered as one-twelfth of a year and a major fraction of a month shall be considered as a full month. Membership of a school district employee, an employee of an institution of higher education engaged in teaching or other school activity or an employee of the Department of Human Services, the Oregon Youth Authority, the Department of Corrections or the State Board of Education engaged in teaching or other school activity at an institution supervised by the authority, board or department, for all portions of a school year in a calendar year in which the district school, institution of higher education or school activity at an institution so supervised in which the member is employed is normally in session shall be considered as a full one-half year of membership. The number of years of membership of a member who received a refund of contributions as provided in ORS 237.976 (2) is limited to the number of years after the day before the date on which the refund was received. The number of years of membership of a member who is separated, for any reason other than death or disability, from all service entitling the member to membership in the system, who withdraws the amount credited to the member account of the member in the fund during absence from such service and who thereafter reenters the service of an employer participating in the system but does not repay the amount so withdrawn as provided in this chapter, is limited to the number of years after the day before the date of so reentering. (3) An additional life pension (nonrefund) for prior service credit, including military service, credited to the member at the time of first becoming a member of the system, as elsewhere provided in this chapter, which pension shall be provided by the contributions of the employer.
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[Formerly 237.147; 1997 c.249 §67; 2001 c.900 §49; 2001 c.945 §50; 2003 c.67 §4; 2003 c.625 §22; 2003 c.733 §46e; 2011 c.637 §73] Note: Section 46f, chapter 733, Oregon Laws 2003, provides: Sec. 46f. The amendments to ORS 238.300 by section 46e of this 2003 Act apply to periods of service as a member of the Legislative Assembly served by reason of appointment or election to the Legislative Assembly on or after the effective date of this 2003 Act [August 29, 2003], including periods of service as a member of the Legislative Assembly served by reason of reelection to the Legislative Assembly after the effective date of this 2003 Act. [2003 c.733 §46f] (Disability Retirement Allowance) 238.325 Optional disability retirement allowance calculations. (1) At any time after establishing membership, but before the expiration of 90 days after the Public Employees Retirement Board makes its finding that the employee is disabled, an employee who is a member of the Public Employees Retirement System may elect to convert the disability retirement allowance otherwise payable on the member account of the member into a disability retirement annuity of equivalent actuarial value, by selecting one of the optional forms named below. The election of Option 2, 2A, 3 or 3A shall be effective immediately upon the effective date of the member’s disability, and in the event of death within the first 90-day period of incapacity, payment to the beneficiary of the member shall be made in accordance with the option selected. Option 1. (a) A life annuity (nonrefund) payable during the member’s life only, which shall be the actuarial equivalent of the accumulated contributions and interest thereon credited to the member at the time the member retires (if death occurs before the first payment is due, the member account of the member shall be treated as though death had occurred before retirement); (b) a life pension (nonrefund) provided by the contributions of employers as provided in ORS 238.320 (1)(b); (c) an additional nonrefund pension for prior service credit, including military service, credited to the member at the time the member first becomes a member of the system, as elsewhere provided in this chapter, which pension shall be provided by the contributions of the employer; or Option 2. A reduced disability retirement allowance payable during the period of incapacity, with the provision that after death, if death shall occur after the effective date of the disability and during the period of incapacity, it shall continue for the life of the beneficiary whom the member has designated in writing duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or Option 2A. A reduced disability retirement allowance payable during the period of incapacity which, unless modified under subsection (3) of this section, continues after death, if death shall occur after the effective date of the disability and during the period of incapacity, for the life of the beneficiary whom the member nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or Option 3. A reduced disability retirement allowance payable during the period of incapacity, with the provision that after death, if death shall occur after the effective date of the disability and during the period of incapacity, such allowance shall continue at one-half the rate paid to the member and be paid for the life of the beneficiary whom the member has designated in writing
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duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or Option 3A. A reduced disability retirement allowance payable during the period of incapacity which, unless modified under subsection (3) of this section, continues after death, if death shall occur after the effective date of the disability and during the period of incapacity, at one-half the rate paid to the member and is paid for the life of the beneficiary whom the member nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or Option 4. A reduced disability retirement allowance payable during the period of incapacity, with the provisions that if the member dies during the period of incapacity and before a total of 180 monthly payments is made, the remainder of the 180 monthly payments shall be paid monthly to the beneficiary the member nominates by written designation duly acknowledged and filed with the board at any time before the member’s death; and that if the member designates no beneficiary to receive the monthly payments or no such beneficiary is able to receive the monthly payments, an amount equal to the actuarial value, on the date of the member’s death, of the total of the monthly payments not made to the member shall be paid according to ORS 238.390 for disposal of an amount credited to the member account of a member at the time of death; and that if the beneficiary receiving monthly payments dies before the total number of monthly payments to which the beneficiary is entitled is made, an amount equal to the actuarial value, on the date of the beneficiary’s death, of the total of the monthly payments not made to the member and beneficiary shall be paid according to ORS 238.390 for disposal of an amount credited to the member account of a member at the time of death and as if the beneficiary had been a member. (2) The beneficiary designated by a member to receive any benefit under this section shall be the same as designated under ORS 238.390 (1). The designation of a beneficiary or the election of an option may be changed by a member within 60 days after the date of the first benefit payment, except that the designation of a beneficiary under Option 4 may be changed by the member at any time before the member’s death. (3) If a retired member has elected to receive a disability retirement allowance under Option 2A or Option 3A as provided in subsection (1) of this section, and if the beneficiary under that option dies after the expiration of the time within which the member could change the election of an option or if the beneficiary is the spouse of the member and the marriage relationship is terminated as provided by law after the expiration of the time within which the member could change the election of an option, the member may elect to receive, in lieu of the optional form of allowance previously elected, the allowance that the member would have received on the effective date of retirement under Option 1 as provided in subsection (1) of this section and adjusted by the actual amount of any cost-of-living or other post-retirement adjustments made to the original allowance since the effective date of retirement. Notice of election under this subsection must be in a form approved by the board. If an election is made under this subsection, the Option 1 payment amount is applicable to the first full month after the death of the beneficiary, or the first full month after entry of the judgment of divorce, and payable the first day of the month thereafter. If the increased amount is not paid in any month in which the increased amount is due, the board shall make a lump sum payment to the retired member that is equal to the difference between the amount paid to the member for that month and the amount that should have been paid under the provisions of this subsection.
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(4) The cost to the system of a disability retirement allowance in any optional form may not exceed the cost to the system of a nonrefund disability retirement allowance payable to, and on account of, the member making such election. (5) The obligation for payment of any benefit in force prior to April 8, 1953, may not be altered by subsections (1) to (4) of this section. However, the beneficiary of a retired member who prior to July 1, 1953, elected an option but died prior to the effective date of such election, shall have a right to repay, before December 31, 1953, the amount of the lump sum refund made in lieu of the monthly life benefit elected and receive payment of such benefit, computed as of the date of the member’s death and payable from such date. (6) If a member who would have qualified for disability benefits makes preliminary application for such benefits but dies prior to being found by the board to be disabled or prior to electing a plan of benefit payments, and the records of the board indicate that the member had designated the surviving spouse as beneficiary under ORS 238.390 (1), such surviving spouse may, not more than 90 days after the board makes its finding that the member would have qualified for disability benefits if living: (a) Elect to receive the amount referred to in ORS 238.395 if such benefit would have been available if the member had not applied for disability benefits; (b) If not eligible for benefits under ORS 238.395, elect to receive benefits under ORS 238.390 (1); or (c) Elect Option 2 or 3 under subsection (1) of this section and designate the surviving spouse as beneficiary thereunder with the same force and effect as if the election and designation had been properly made by the deceased member. (7) The board may deny an election to convert a disability retirement allowance under this section, a change of beneficiary under this section or a change in benefit options under this section if that denial is required to maintain the status of the system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. [Formerly 237.181; 1999 c.317 §11; 2001 c.945 §52; 2005 c.138 §2]
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Chapter 253 — Absent Electors
2015 EDITION
ABSENT ELECTORS ELECTIONS GENERAL PROVISIONS 253.005 Definitions 253.065 Delivery of out-of-state ballots; replacement ballots 253.070 Return of ballot from absent elector 253.080 Duties of clerk on receipt of ballot; manner of counting ballots MILITARY OR OVERSEAS ELECTORS 253.500 Construction of military or overseas elector law 253.510 Definitions for ORS 253.500 to 253.640 253.515 Military or overseas elector procedures to conform to procedures for absent elector
ballots 253.530 Voting by spouse and dependents of military or overseas elector 253.540 Application for ballot by military or overseas elector 253.545 County clerk duties upon receipt of application; application as registration 253.550 Applications made under federal statutes 253.565 Application for special ballot by military or overseas elector 253.575 County clerk duties upon receipt of application for special ballot; application as valid
voter registration; replacement ballots 253.585 Receipt of military or overseas elector ballots by Secretary of State 253.640 Coordination with federal authorities 253.645 Electors called to active military duty
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253.690 Casting ballot using facsimile machine or by electronic mail; waiver; rules 253.700 Duty to challenge ballot; procedures 253.710 Alteration of application prohibited; exceptions GENERAL PROVISIONS 253.005 Definitions. As used in this chapter: (1) “Clerk” means the county clerk. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution. (4) “Absent elector” means a person to whom the county clerk has issued a ballot prior to the date that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b). [1979 c.190 §201; 1979 c.317 §10a; 1999 c.410 §27; 2007 c.154 §14] 253.065 Delivery of out-of-state ballots; replacement ballots. (1) For electors with mailing addresses outside this state, the county clerk shall deliver a ballot: (a) Not later than the 45th day before the election to each military or overseas elector; and (b) Not sooner than the 29th day before the election to each absent elector with a mailing address outside this state who is not a military or overseas elector. (2) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and a secrecy envelope. The back of the envelope shall include a statement to be signed by the absent elector, stating that the elector: (a) Is qualified to vote; (b) Unless prevented by physical disability, has personally marked the ballot; and (c) Has not unnecessarily exhibited the marked ballot to any other person. (3) An absent elector may obtain a replacement ballot if the ballot delivered under this section is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection. (4) A replacement ballot provided under subsection (3) of this section may be mailed or shall be made available in the office of the county clerk. (5) If the county clerk determines that an absent elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall count only the first ballot received by the clerk and provide the elector’s name to the Secretary of State for further review. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless: (a) Only the original ballot was voted and returned; or (b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot. [1979 c.190 §207; 1981 c.485 §1; 1989 c.923 §22; 1991 c.719 §50; 1995 c.607 §34; 1999 c.318 §33; 1999 c.1002 §7; 2011 c.607 §4; 2013 c.520 §1]
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253.070 Return of ballot from absent elector. A ballot from an absent elector must be received by a county clerk not later than 8 p.m. of the day of the election. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13; 2013 c.520 §2] 253.080 Duties of clerk on receipt of ballot; manner of counting ballots. (1) Upon receipt of an envelope containing a marked ballot from an absent elector, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector that appears on the back of the ballot envelope with that upon the elector’s registration record. (2) Except as otherwise provided in this chapter, ballots for absent electors shall be counted and returns shall be made, as nearly as possible, in the same manner as for other ballots cast at the election. [Amended by 1957 c.641 §6; 1961 c.92 §1; 1979 c.190 §209; 1991 c.107 §9; 1999 c.410 §30; 2013 c.520 §3; 2015 c.169 §1] MILITARY OR OVERSEAS ELECTORS 253.500 Construction of military or overseas elector law. ORS 253.500 to 253.640 shall be liberally construed so that all military or overseas electors may be given an opportunity to fully exercise their voting rights. [Formerly 253.670; 2013 c.520 §4] 253.510 Definitions for ORS 253.500 to 253.640. As used in ORS 253.500 to 253.640, “military or overseas elector” means a resident of this state absent from the place of residence and: (1) Serving in the Armed Forces of the United States or who has been discharged from the Armed Forces of the United States for not more than 30 days; (2) Serving in the Merchant Marine of the United States or who has been discharged from the Merchant Marine of the United States for not more than 30 days; or (3) Temporarily living outside the territorial limits of the United States and the District of Columbia. [1955 c.332 §1; 1957 c.641 §14; 1969 c.261 §1; 1979 c.190 §217; 1993 c.493 §26; 2013 c.520 §5] 253.515 Military or overseas elector procedures to conform to procedures for absent elector ballots. Except as otherwise provided in ORS 253.500 to 253.640, procedures relating to military or overseas electors’ ballots shall be as nearly as possible the same as procedures for other absent electors’ ballots. [1979 c.190 §218; 1985 c.720 §4; 2013 c.520 §6] 253.530 Voting by spouse and dependents of military or overseas elector. (1) A spouse or dependent of a military or overseas elector, temporarily living outside the county or city in which is situated the last home residence in this state of the spouse or dependent, may vote in the same manner as a military or overseas elector. (2) A spouse or dependent of a military or overseas elector, not previously a resident of this state who intends to reside in this state, shall be considered a resident of this state for voting purposes, and may vote in the same manner as a military or overseas elector. The spouse or dependent shall be considered to have resided for more than 30 days at the last residence of the military or overseas elector in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977 c.508 §11; 1979 c.190 §219; 2013 c.520 §7]
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253.540 Application for ballot by military or overseas elector. (1) Any military or overseas elector may secure a ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the military or overseas elector’s residence, or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. (2) An application for a ballot by a military or overseas elector shall be made in the form of a written request. The application shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county. The application shall be signed by the applicant and contain: (a) The name and current mailing address of the applicant; (b) A statement that the applicant is a citizen of the United States; (c) A statement that the applicant will be 18 years of age or older on the date of the election; (d) A statement that for more than 20 days preceding the election the applicant’s home residence has been in this state, and giving the address of the last home residence; (e) A statement of the facts that qualify the applicant as a military or overseas elector or as the spouse or a dependent of a military or overseas elector; (f) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested ballot; and (g) If the applicant desires to vote in a primary election, a designation of the applicant’s political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party. [1955 c.332 §§7,8; 1957 c.641 §16; 1973 c.827 §25; 1975 c.675 §31; 1979 c.190 §220; 1979 c.519 §26; 1987 c.719 §7; 1991 c.168 §2; 1995 c.712 §49; 1999 c.999 §43; 2013 c.520 §8] 253.545 County clerk duties upon receipt of application; application as registration. (1) Upon receipt of an application made under ORS 253.540, the county clerk, without regard to whether the applicant is an elector of the county, shall mail the materials prescribed in ORS 253.065 to the applicant. (2) Notwithstanding any provision of ORS chapter 247, the completed and signed application submitted under ORS 253.540 shall constitute a valid registration for the applicant. (3) Notwithstanding subsection (1) of this section, if the county clerk receives an application from a military or overseas elector after the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk. [1979 c.190 §221; 1981 c.485 §2; 1993 c.493 §27; 2013 c.520 §9] 253.550 Applications made under federal statutes. Whenever provision is made for absentee voting by a statute of the United States, including the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (Public Law 99-410), an application for a ballot made under that law may be given the same effect as an application for a ballot made under ORS 253.500 to 253.640. [1955 c.332 §2; 1979 c.190 §222; 1991 c.71 §12; 2013 c.520 §10] 253.560 [1955 c.332 §9; 1957 c.641 §17; repealed by 1979 c.190 §431]
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253.565 Application for special ballot by military or overseas elector. (1) Any military or overseas elector may secure a special ballot for a primary election or general election by making an application under this section if the elector believes that: (a) The elector will be residing, stationed or working outside the territorial limits of the United States and the District of Columbia; and (b) The elector will be unable to vote and return a regular ballot by normal mail delivery within the period provided for regular absent electors. (2) A military or overseas elector shall make the application for a special ballot in the form of a written request. The elector shall submit the application before the date of the applicable election to the clerk of the county of the military or overseas elector’s residence or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. The application shall be signed by the applicant and contain: (a) The name and current mailing address of the applicant; (b) A designation of the election for which the applicant requests a special ballot; (c) A statement that the applicant is a citizen of the United States; (d) A statement that the applicant will be 18 years of age or older on the date of the election; (e) A statement that for more than 20 days preceding the election the applicant’s home residence has been in this state, and giving the address of the last home residence; (f) A statement of the facts that qualify the applicant as a military or overseas elector or as the spouse or a dependent of a military or overseas elector; (g) A statement of the facts that qualify the applicant to vote by means of a special ballot; (h) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested special ballot; and (i) If the applicant requests a ballot for a primary election, a designation of the applicant’s political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party. (3) An application for a special ballot shall be valid only for the election specified in the application. (4) The county clerk shall list on the special ballot the offices and measures scheduled to appear on the regular ballot, if known when the ballot is prepared, and provide space in which the elector may write in the elector’s preference. (5) The elector may write in the name of any eligible candidate for each office to be filled or for which nominations will be made at the election, and may vote on any measure submitted at the election. [1985 c.720 §2; 1987 c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999 c.999 §44; 2013 c.520 §11] 253.575 County clerk duties upon receipt of application for special ballot; application as valid voter registration; replacement ballots. (1) Upon receipt of an application made under ORS 253.565, if the applicant’s residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant a special ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The
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name, official title and office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector: (a) Is qualified to vote; (b) Unless prevented by physical disability, has personally marked the ballot; and (c) Has not unnecessarily exhibited the marked ballot to any other person. (2) The completed and signed application submitted under ORS 253.565 shall constitute a valid registration for the elector. (3) If the county clerk receives an application for a special ballot on or after the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540. (4) A military or overseas elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection. (5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed or shall be made available in the office of the county clerk. (6) If the county clerk determines that a military or overseas elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless: (a) Only the original ballot was voted and returned; or (b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot. [1985 c.720 §3; 1989 c.923 §2; 1991 c.719 §51; 1993 c.713 §61; 1995 c.607 §37; 1999 c.318 §34; 1999 c.410 §36; 2013 c.520 §12] 253.585 Receipt of military or overseas elector ballots by Secretary of State. (1) The Secretary of State may receive ballots from military or overseas electors. (2) If the Secretary of State receives a ballot cast by a military or overseas elector, the Secretary of State shall deliver the ballot to the county clerk or elections officer of the county in which the elector who cast the ballot is registered. (3) A ballot received by the Secretary of State under this section not later than 8 p.m. of the day of the election shall be considered to have been received by the county clerk as described in ORS 253.070. [2003 c.64 §5; 2013 c.520 §13] 253.640 Coordination with federal authorities. All public officers having duties under ORS 253.500 to 253.640 shall coordinate their efforts with any federal authority to facilitate voting by military or overseas electors, so that these electors may cast their ballots with the least possible interference with the performance of their duties. [1955 c.332 §4; 1979 c.190 §223; 2013 c.520 §14] 253.645 Electors called to active military duty. In the event of a national emergency, the Secretary of State shall assure that any elector called to active military duty is not unnecessarily denied the opportunity to vote simply because of military duty. [1991 c.71 §14] 253.690 Casting ballot using facsimile machine or by electronic mail; waiver; rules. (1) A military or overseas elector described in ORS 253.510 may cast a ballot using a facsimile
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machine or by electronic mail as provided in this section. Notwithstanding ORS 254.470 (8), a ballot cast under this section shall be counted only if the ballot: (a) Is received in the office of the county clerk not later than 8 p.m. on the day of the election; (b) Is accompanied by a return identification envelope containing the signature of the elector and a signed waiver described in subsection (2) of this section; and (c) The signature is verified as provided in subsection (4) of this section. (2) Each elector who casts a ballot under this section shall complete and submit a waiver described in this subsection. The elector shall attest to the information supplied on the waiver by signing the completed waiver. The Secretary of State by rule shall design the form of the waiver, which shall include all of the following: (a) Space for the elector to provide the elector’s full name, residence or mailing address, an electronic mail address, phone or facsimile number where the elector may be contacted and any other necessary information. (b) A waiver in substantially the following form: ______________________________________________________________________________ I, _____________, acknowledge that by casting my voted ballot using a facsimile machine or by electronic mail I have waived my right to a secret ballot. ______________________________________________________________________________ (c) A statement to notify the elector that the elector’s ballot will not be counted unless the elector has complied with the provisions of this section. (d) Space for the elector to provide the elector’s signature to attest to the information supplied. (3)(a) If a ballot is cast under this section using a facsimile machine, the return identification envelope and waiver shall also be submitted using a facsimile machine. (b) If a ballot is cast under this section by electronic mail, the return identification envelope and waiver shall also be submitted by electronic mail. (4) The county clerk shall verify the signature of each elector on the return identification envelope transmitted by facsimile machine or electronic mail under this section with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. (5) The Secretary of State shall adopt rules to administer this section and to ensure the secrecy of ballots cast using a facsimile machine or by electronic mail to the greatest extent possible. [2009 c.619 §2; 2010 c.9 §5; 2011 c.294 §1; 2013 c.520 §15; 2015 c.169 §2] 253.700 Duty to challenge ballot; procedures. (1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote as an absent elector whom the clerk, official or elector knows or suspects not to be qualified as an elector. The person’s ballot may be challenged at any time before the ballot is removed from its return envelope for processing. (2) A challenge to a ballot of a person offering to vote shall be made under oath or affirmation before the clerk and shall be in writing on a numbered challenge form. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. Any elections official
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may administer the oath or affirmation required under this subsection. [1985 c.808 §32; 1999 c.410 §37; 2007 c.154 §18; 2013 c.520 §16] 253.710 Alteration of application prohibited; exceptions. A person may not alter any information supplied on an application for a ballot for an absent elector except: (1) An elections officer in the performance of official duties. (2) The applicant. [1985 c.808 §33; 2013 c.520 §17]
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Chapter 279A — Public Contracting - General Provisions
2015 EDITION
PUBLIC CONTRACTING - GENERAL PROVISIONS PUBLIC FACILITIES, CONTRACTING & INSURANCE DISADVANTAGED BUSINESS ENTERPRISES, MINORITY-OWNED BUSINESSES,
WOMAN-OWNED BUSINESSES, BUSINESSES THAT SERVICE-DISABLED VETERANS OWN AND EMERGING SMALL BUSINESSES
279A.100 Affirmative action; limited competition permitted 279A.105 Subcontracting to emerging small businesses or businesses that service-disabled
veterans own 279A.107 Certification as disadvantaged business enterprise, minority-owned business, woman-
owned business, business that service-disabled veteran owns or emerging small business during term of public contract; exceptions
279A.110 Discrimination in subcontracting prohibited; remedies DISADVANTAGED BUSINESS ENTERPRISES, MINORITY-OWNED BUSINESSES, WOMAN-OWNED BUSINESSES, BUSINESSES THAT SERVICE-DISABLED VETERANS OWN AND EMERGING SMALL BUSINESSES 279A.100 Affirmative action; limited competition permitted. (1) As used in this section: (a) “Affirmative action” means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans. (b) “Disabled veteran” has the meaning given that term in ORS 408.225. (2) The provisions of the Public Contracting Code may not be construed to prohibit a contracting agency from engaging in public contracting practices designed to promote affirmative action goals, policies or programs for disadvantaged or minority groups or to give a preference in awarding public contracts to disabled veterans. (3) In carrying out an affirmative action goal, policy or program, a contracting agency by appropriate ordinance, resolution or rule may limit competition for a public contract for goods and services, or for any other public contract estimated to cost $50,000 or less, to contracting entities owned or controlled by persons described in subsection (1) of this section. [2003 c.794 §13; 2009 c.235 §1]
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279A.105 Subcontracting to emerging small businesses or businesses that service-disabled veterans own. (1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials for use in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business or as a business that a service-disabled veteran owns. (2) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business and that, as identified by the contracting agency, is located in or draws the business’s workforce from economically distressed areas, as designated by the Oregon Business Development Department. (3) A contracting agency may require that a public contract be awarded to a responsible bidder or proposer, as defined in ORS 200.005, that the contracting agency determines has made good faith efforts as prescribed in ORS 200.045. [2003 c.794 §14; 2005 c.103 §5; 2009 c.235 §2; 2015 c.565 §12] 279A.107 Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract; exceptions. (1) A contracting agency that under ORS 279A.105 awards a public contract to a responsible bidder, as defined in ORS 200.005, that has made good faith efforts, as described in ORS 200.045 (3), or that awards a public contract in the course of carrying out an affirmative action goal, policy or program under ORS 279A.100 shall: (a) Provide as a material condition of the public contract that a contractor remain certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business under ORS 200.055 for the entire term of the public contract, if the contracting agency awarded the public contract, in whole or in part, on the basis of the contractor’s certification. (b) Require a contractor to provide in the contractor’s subcontracts that a subcontractor remain certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business under ORS 200.055 for the entire term of the subcontract, if the contractor awards the subcontract, in whole or in part, on the basis of the subcontractor’s certification. (c) Verify the contractor’s or subcontractor’s compliance with the requirements set forth in paragraphs (a) and (b) of this subsection. (d) Verify that a contractor is paying a subcontractor that is certified under ORS 200.055 promptly as provided in ORS 279B.220 or 279C.570, as appropriate. (2)(a) If a contracting agency determines at any time during the term of a public contract that a contractor to which the contracting agency awarded the public contract on the basis described in subsection (1) of this section, or a subcontractor to which the contractor awarded a subcontract in connection with the public contract on the basis described in subsection (1) of this section, is no longer certified, the contracting agency may: (A) Terminate the public contract; (B) Require the contractor to terminate the subcontract; or (C) Exercise any of the remedies for breach of contract that are reserved in the public contract.
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(b) The actions a contracting agency may take under paragraph (a) of this subsection are in addition to and not in lieu of any other action the Oregon Business Development Department may take with respect to the contractor or subcontractor under ORS 200.065. (c) Paragraph (a) of this subsection does not apply to an emerging small business as defined in ORS 200.005 that, because of growth in the number of full-time equivalent employees or average annual gross receipts that occurs during the term of the public contract, no longer qualifies as a tier one firm or tier two firm, as those terms are defined in ORS 200.005, or for which a certification under ORS 200.055 expires during the term of the public contract. [2015 c.325 §2; 2015 c.565 §26] 279A.110 Discrimination in subcontracting prohibited; remedies. (1) A bidder or proposer that competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055. (2) A contracting agency may debar or disqualify, under ORS 279B.130 or 279C.440, as appropriate, a bidder or proposer if the contracting agency finds that the bidder or proposer has violated subsection (1) of this section in awarding a subcontract in connection with a contract the contracting agency advertised or otherwise solicited or a contract between the contracting agency and the bidder or proposer. A debarred or disqualified bidder or proposer may appeal the debarment or disqualification under ORS 279B.425 or ORS 279C.445 and 279C.450, as appropriate. (3) A contracting agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a bidder or proposer under subsection (2) of this section more than three years after the alleged discriminatory conduct occurred or more than three years after the contracting agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later. (4) A bidder or proposer shall certify in the bid or proposal that the bidder or proposer has not discriminated and will not discriminate, in violation of subsection (1) of this section, against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business in awarding a subcontract. (5) If a contracting agency awards a public contract to a contractor and the contractor violates the contractor’s certification under subsection (4) of this section, the contracting agency may regard the violation as a breach of contract that permits the contracting agency to: (a) Terminate the contract; or (b) Exercise any of the remedies for breach of contract that are reserved in the contract. [2003 c.794 §15; 2009 c.235 §3; 2015 c.565 §13]
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Chapter 279C — Public Contracting - Public Improvements and Related Contracts
2015 EDITION
PUBLIC CONTRACTING - PUBLIC IMPROVEMENTS PUBLIC FACILITIES, CONTRACTING & INSURANCE ARCHITECTURAL, ENGINEERING, PHOTOGRAMMETRIC MAPPING, TRANSPORTATION PLANNING, LAND SURVEYING AND RELATED SERVICES 279C.110 Selection procedure for consultants to provide services; compensation; applicability PREVAILING WAGE RATE 279C.836 Public works bond; rules
_______________ ARCHITECTURAL, ENGINEERING, PHOTOGRAMMETRIC MAPPING, TRANSPORTATION PLANNING, LAND SURVEYING AND RELATED SERVICES 279C.110 Selection procedure for consultants to provide services; compensation; applicability. (1) A contracting agency shall select consultants to provide architectural, engineering, photogrammetric mapping, transportation planning or land surveying services on the basis of the consultant’s qualifications for the type of professional service required. A contracting agency may solicit or use pricing policies and proposals or other pricing information, including the number of hours proposed for the service required, expenses, hourly rates and overhead, to determine consultant compensation only after the contracting agency has selected a candidate pursuant to subsection (2) of this section. (2) Subject to the requirements of subsection (1) of this section, the procedures that a contracting agency creates to screen and select consultants and to select a candidate under this section are at the contracting agency’s sole discretion. The contracting agency may adjust the procedures to accommodate the contracting agency’s scope, schedule or objectives for a particular project if the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for the project does not exceed $250,000. (3) A contracting agency’s screening and selection procedures under this section, regardless of the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for a project, may include considering each candidate’s: (a) Specialized experience, capabilities and technical competence, which the candidate may demonstrate with the candidate’s proposed approach and methodology to meet the project requirements;
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(b) Resources committed to perform the work and the proportion of the time that the candidate’s staff would spend on the project, including time for specialized services, within the applicable time limits; (c) Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration; (d) Ownership status and employment practices regarding disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, emerging small businesses or historically underutilized businesses; (e) Availability to the project locale; (f) Familiarity with the project locale; and (g) Proposed project management techniques. (4) If the screening and selection procedures a contracting agency creates under subsection (2) of this section result in the contracting agency’s determination that two or more candidates are equally qualified, the contracting agency may select a candidate through any process the contracting agency adopts that is not based on the candidate’s pricing policies, proposals or other pricing information. (5) The contracting agency and the selected candidate shall mutually discuss and refine the scope of services for the project and shall negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services. The compensation level paid must be reasonable and fair to the contracting agency as determined solely by the contracting agency. Authority to negotiate a contract under this section does not supersede any provision of ORS 279A.140 or 279C.520. (6) If the contracting agency and the selected candidate are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the contracting agency, the contracting agency shall, either orally or in writing, formally terminate negotiations with the selected candidate. The contracting agency may then negotiate with the next most qualified candidate. The negotiation process may continue in this manner through successive candidates until an agreement is reached or the contracting agency terminates the consultant contracting process. (7) It is the goal of this state to promote a sustainable economy in the rural areas of the state. In order to monitor progress toward this goal, a state contracting agency shall keep a record of the locations in which architectural, engineering, photogrammetric mapping, transportation planning or land surveying services contracts and related services contracts are performed throughout the state, the locations of the selected consultants and the direct expenses on each contract. This record must include the total number of contracts awarded to each consultant firm over a 10-year period. The record of direct expenses must include all personnel travel expenses as a separate and identifiable expense on the contract. Upon request, the state contracting agency shall make these records available to the public. (8) Notwithstanding the provisions of subsection (1) of this section, a contracting agency may directly appoint a consultant if the estimated cost of the architectural, engineering, photogrammetric mapping, transportation planning or land surveying services for the project does not exceed $100,000. (9) Notwithstanding the provisions of subsections (1) and (8) of this section, a contracting agency may directly appoint a consultant for architectural, engineering, photogrammetric
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mapping, transportation planning or land surveying services in an emergency. [2003 c.794 §91; 2003 c.794 §92; 2005 c.509 §§1,3; 2011 c.458 §4; 2015 c.565 §15] PROCUREMENT OF CONSTRUCTION SERVICES (Competitive Bidding; Contract Specifications; Exceptions; Exemptions) PREVAILING WAGE RATE 279C.836 Public works bond; rules. (1) Except as provided in subsection (4), (7), (8) or (9) of this section, before starting work on a contract or subcontract for a public works project, a contractor or subcontractor shall file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000. The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety’s liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. The surety may cancel the bond by giving 30 days’ written notice to the contractor or subcontractor, to the board and to the Bureau of Labor and Industries. When the bond is canceled, the surety is relieved of further liability for work performed on contracts entered into after the cancellation. The cancellation does not limit the surety’s liability for work performed on contracts entered into before the cancellation. (2) Before permitting a subcontractor to start work on a public works project, the contractor shall verify that the subcontractor has filed a public works bond as required under this section, has elected not to file a public works bond under subsection (7) or (8) of this section or is exempt under subsection (4) or (9) of this section. (3) A contractor or subcontractor is not required under this section to file a separate public works bond for each public works project for which the contractor or subcontractor has a contract. (4) A person that is not required under ORS 279C.800 to 279C.870 to pay prevailing rates of wage on a public works project is not required to file a public works bond under this section. (5) A public works bond required by this section is in addition to any other bond the contractor or subcontractor is required to obtain. (6) The board may, by rule, require a contractor or subcontractor to obtain a new public works bond if a surety pays a claim out of an existing public works bond. The new bond must be in the amount of $30,000. The board may allow a contractor or subcontractor to obtain, instead of a new bond, a certification that the surety remains liable for the full penal sum of the existing bond, notwithstanding payment by the surety on the claim. (7)(a) A disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 may, for up to four years after certification, elect not to file a public works bond as required under subsection (1) this section. If an enterprise or a business elects not to file a public works bond, the enterprise or business shall give the board written verification of the certification and written notice that the enterprise or business elects not to file the bond.
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(b) An enterprise or a business that elects not to file a public works bond under this subsection shall notify the public agency for whose benefit the contract was awarded or, if the enterprise or business is a subcontractor, the contractor of the election before starting work on a public works project. When an enterprise or a business elects not to file a public works bond under this subsection, a claim for unpaid wages may be made against the payment bond of the enterprise or business or, if the enterprise or business is a subcontractor, the payment bond of the contractor. (c) An election not to file a public works bond expires four years after the date the enterprise or business is certified. After an election has expired and before starting or continuing work on a contract or subcontract for a public works project, the enterprise or business shall file a public works bond with the board as required under subsection (1) of this section. (8) A contractor or subcontractor may elect not to file a public works bond as required under subsection (1) of this section for any public works project for which the contract price does not exceed $100,000. (9) In cases of emergency, or when the interest or property of the public agency for whose benefit the contract was awarded probably would suffer material injury by delay or other cause, the requirement for filing a public works bond may be excused, if a declaration of the emergency is made in accordance with rules adopted under ORS 279A.065. (10) The board shall make available on a searchable public website information concerning public works bonds filed with the board, claims made on those bonds, elections made by certified business enterprises not to file those bonds and the expiration date of each election. The board may adopt rules necessary to perform the duties required of the board by this section. (11) The Commissioner of the Bureau of Labor and Industries, with approval of the board, shall adopt rules that establish language for public works bonds. [2005 c.360 §2; 2007 c.415 §1; 2007 c.764 §38; 2015 c.565 §16]
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Chapter 285B — Economic Development II
2015 EDITION
ECONOMIC DEVELOPMENT II ECONOMIC DEVELOPMENT ENTREPRENEURIAL DEVELOPMENT 285B.740 Legislative intent; delegation of loan program responsibilities; powers of department;
loan fees
_______________ ENTREPRENEURIAL DEVELOPMENT 285B.740 Legislative intent; delegation of loan program responsibilities; powers of department; loan fees. It is the intent of the Legislative Assembly that in the administration of ORS 285B.740 to 285B.758, the Oregon Business Development Department work closely with regional economic development organizations, community development corporations, small business development centers and organizations that promote and assist minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses, as those terms are defined in ORS 200.005, and utilize policies, priorities and practices that further entrepreneurial and small business development in rural communities. The department, to the maximum extent feasible and consistent with prudent financial controls, may delegate the administration and operation of the loan program created by ORS 285B.740 to 285B.758 to local and community-based entities. To carry out the policy described in this section: (1) The department may contract with any nonprofit corporation or agency with experience and expertise in business finance to administer all or any part of the loan program created by ORS 285B.740 to 285B.758. (2) When entering into an agreement for the administration of the loan program by any nonprofit corporation or agency, the department may agree to waive any claims it may have against such corporation or agency for losses arising out of the normal course of business, as long as the corporation or agency does not act negligently or fraudulently in providing loans under ORS 285B.740 to 285B.758. (3) When entering into an agreement to have a nonprofit corporation or agency administer the loan program created by ORS 285B.740 to 285B.758, the department may pay loan origination and loan servicing fees to the corporation or agency. The amount of such fees may be determined in the agreement between the department and the administering corporation or agency. [1991 c.688 §12; 2007 c.804 §79; 2009 c.830 §130; 2014 c.3 §2; 2015 c.565 §17]
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Chapter 286A — State Borrowing
2015 EDITION
STATE BORROWING PUBLIC BORROWING PRIVATE ACTIVITY BONDS 286A.615 Private Activity Bond Committee; purpose of private activity bonding; rules
_______________ PRIVATE ACTIVITY BONDS 286A.615 Private Activity Bond Committee; purpose of private activity bonding; rules. (1) The Private Activity Bond Committee is established. It shall consist of the State Treasurer or the designee of the State Treasurer, one representative from the Oregon Department of Administrative Services and one public representative appointed to serve at the pleasure of the Governor. (2) The State Treasurer, or the State Treasurer’s designee, shall serve as chair of the committee. (3) The purpose of private activity bonding in this state is to maximize the economic benefits of private activity bonding to the citizens of this state. The committee shall adopt by rule standards for amounts allocated to the committee for further allocation for economic development, housing, education, redevelopment, public works, energy, waste management, waste and recycling collection, transportation and other activities that the committee determines will benefit the citizens of this state. In developing standards, the committee shall: (a) Survey the expected need for private activity bond allocations at least once each year; (b) Develop strategies for reserving and allocating the limit that are designed to maximize the availability of tax exempt financing among competing sectors of the Oregon economy; and (c) Ensure that the standards include but are not limited to standards that: (A) Support projects that increase the number of family wage jobs in this state. (B) Promote economic recovery in small cities heavily dependent on a single industry. (C) Emphasize development in underdeveloped rural areas of this state. (D) Utilize educational resources available at public universities listed in ORS 352.002. (E) Support development of the state’s small businesses, especially minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses, as those terms are defined in ORS 200.005. (F) Encourage use of Oregon’s human and natural resources in endeavors that harness Oregon’s economic comparative advantages.
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(4) The state private activity bond volume cap allocated to the Private Activity Bond Committee as provided in ORS 286A.620 shall be allocated and reallocated among issuers by the Private Activity Bond Committee as follows: (a) Any amounts not reserved to an issuer or a class of issuers under the authorization adopted by the Legislative Assembly under ORS 286A.035 shall be allocated or reallocated by the committee under rules adopted under subsection (3) of this section. (b) Any amounts provided for in the authorization adopted by the Legislative Assembly under ORS 286A.035 that are unused shall be carried forward for use as provided by rules adopted under subsection (3) of this section. (c) The rules adopted by the committee shall limit the period of time for which an allocation of private activity bonding authority is effective. The rules shall ensure that allocations made during a calendar year are used during that calendar year or that the unused amount of the allocation is reallocated or carried forward. (5) Unused allocations are not transferable among issuers but are available for reallocation. [Formerly 286.615; 2011 c.637 §95; 2015 c.565 §18]
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Chapter 294 — County and Municipal Financial Administration
2015 EDITION
MUNICIPAL FINANCIAL ADMINISTRATION PUBLIC FINANCIAL ADMINISTRATION LOCAL BUDGET LAW 294.444 County budget summary of revenues and expenditures funded in part by state
resources
_______________ LOCAL BUDGET LAW 294.444 County budget summary of revenues and expenditures funded in part by state resources. County budgets must contain a summary of revenues and expenditures for major programs funded in part by state resources. The summary must include, at a minimum, functions related to assessment and taxation, community corrections, district attorneys, juvenile corrections and probation, public health, mental health and chemical dependency, veterans’ services, roads and economic development. The summary must provide the total expenses for each program and identify the revenues used to fund the program from general county resources, state grants, federal grants, video lottery resources and other resources as applicable. The summary must include the revenues and expenditures in the adopted budget, revenues and expenditures in the prior year’s adopted budget, and actual revenue and expenditure data from the two previous years. [Formerly 294.419] Note: 294.444 was added to and made a part of 294.305 to 294.565 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 307 — Property Subject to Taxation; Exemptions
2015 EDITION
PROPERTY SUBJECT TO TAXATION; EXEMPTIONS (Veterans, Surviving Spouses and Dependent Children) 307.250 Property of veterans or surviving spouses 307.260 Claiming exemption; alternative procedure for surviving spouse 307.262 Tax years for which exemption may be claimed upon receipt of federal certification
of disability; procedure; refund 307.270 Property to which exemption of ORS 307.250 applies 307.280 Effect of exemption under ORS 307.250 on prior tax levied 307.283 Homesteads of unmarried surviving spouses of veterans of Civil War or Spanish War (Active Duty Military Service) 307.286 Homestead exemption 307.289 Claiming homestead exemption; alternative procedures following death of person
qualifying for exemption (Veterans, Surviving Spouses and Dependent Children) 307.250 Property of veterans or surviving spouses. (1) As used in this section and ORS 307.260, 307.262 and 307.270, “veteran” has the meaning given that term in ORS 408.225. (2) Upon compliance with ORS 307.260, there shall be exempt from taxation not to exceed $15,000 of the assessed value of the homestead or personal property of any of the following residents of this state other than those described in subsection (3) of this section: (a) Any veteran who is officially certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States as having disabilities of 40 percent or more. (b) Any veteran having served with the United States Armed Forces who, as certified by one duly licensed physician, is rated as having disabilities of 40 percent or more. However, a veteran shall be entitled to the exemption granted under this paragraph only if the veteran during the calendar year immediately preceding the assessment year for which the exemption is claimed had total gross income, including pensions, disability compensation or retirement pay, or any combination of such payments from the United States Government on account of such service, of not more than 185 percent of federal poverty guidelines.
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(c) The surviving spouse remaining unmarried of a veteran, but the exemption shall apply only to the period preceding the date of the first remarriage of the surviving spouse. (3) Upon compliance with ORS 307.260, there shall be exempt from taxation not to exceed $18,000 of the assessed value of the homestead or personal property of any of the following residents of this state: (a) Any veteran who is officially certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States as having service-connected disabilities of 40 percent or more. (b) The surviving spouse remaining unmarried of a veteran, if the veteran died as a result of service-connected injury or illness or if the veteran received at least one year of the maximum exemption from taxation allowed under paragraph (a) of this subsection after 1981 for a veteran certified as having service-connected disabilities of 40 percent or more. (4) The amount of the exemption allowed under subsection (2) or (3) of this section shall equal 103 percent of the amount of the exemption for the prior tax year. [Amended by 1953 c.63 §3; 1955 c.248 §1; 1961 c.410 §5; 1969 c.605 §55; 1971 c.338 §1; 1973 c.402 §7; 1981 c.530 §3; 1981 c.682 §1; 1982 s.s.1 c.33 §2; 1991 c.67 §77; 1991 c.459 §52; 1995 c.610 §2; 1997 c.541 §111; 1999 c.221 §1; 2005 c.520 §1; 2009 c.41 §1] 307.260 Claiming exemption; alternative procedure for surviving spouse. (1)(a) Each veteran or surviving spouse qualifying for the exemption under ORS 307.250 shall file with the county assessor, on forms supplied by the assessor, a claim therefor in writing on or before April 1 of the assessment year for which the exemption is claimed, except that when the property designated is acquired after March 1 but prior to July 1 the claim shall be filed within 30 days after the date of acquisition. (b) A claim need not be filed under this section in order to be allowed the exemption described in ORS 307.250 if: (A) The homestead or personal property of the veteran or surviving spouse was allowed the exemption under ORS 307.250 for the preceding tax year; (B) The individual claiming the exemption is a veteran described in ORS 307.250 (2)(a) or (3)(a) or a surviving spouse who meets the requirements of ORS 307.250 (2)(c) or (3)(b); and (C) As of the filing date for the current tax year, the ownership and use of the homestead or personal property and all other qualifying conditions for the homestead or personal property to be allowed the exemption remain unchanged. (c)(A) If the individual claiming the exemption is a veteran described in ORS 307.250 (2)(b), the claimant shall file a claim annually that satisfies the requirements of subsection (2) of this section on or before the date required in paragraph (a) of this subsection. (B) If the county assessor has not received a claim filed under this paragraph on or before April 1 of the current year, not later than April 10 of each year, the county assessor shall notify the veteran in the county who secured an exemption under ORS 307.250 (2)(b) in the preceding year but who did not make application therefor on or before April 1 of the current year. The county assessor may provide the notification on an unsealed postal card. A veteran so notified may secure the exemption, if still qualified, by making application therefor to the county assessor not later than May 1 of the current year, accompanied by a late-filing fee of $10, which shall be deposited in the general fund of the county for general governmental expenses. If the claim for any tax year is not filed within the time specified, the exemption may not be allowed on the assessment roll for that year.
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(2)(a) The claim shall set out the basis of the claim and designate the property to which the exemption may apply. Except as provided in subsection (3) of this section, claims for exemptions under ORS 307.250 (2)(a) and (3)(a) shall have affixed thereto the certificate last issued by United States Department of Veterans Affairs or the branch of the Armed Forces of the United States, as the case may be, but dated within three years prior to the date of the claim for exemption, certifying the rate of disability of the claimant. (b) Claims for exemption under ORS 307.250 (2)(b) shall, except as provided in subsection (3) of this section, have affixed thereto, in addition to the certificate last issued by a licensed physician and dated within one year prior to the date of the claim for exemption, certifying the rate of disability of the claimant, a statement by the claimant under oath or affirmation setting forth the total gross income received by the claimant from all sources during the last calendar year. (c) There also shall be affixed to each claim the affidavit or affirmation of the claimant that the statements contained therein are true. (3) The provisions of subsection (2) of this section that require a veteran to affix to the claim certificates of the United States Department of Veterans Affairs, a branch of the Armed Forces of the United States or a licensed physician do not apply to a veteran who has filed the required certificate after attaining the age of 65 years or to a veteran who has filed, on or after September 27, 1987, a certificate certifying a disability rating that, under federal law, is permanent and cannot be changed. (4)(a) Notwithstanding subsection (1) of this section, a surviving spouse may file a claim for the exemption under ORS 307.250 at any time during the tax year if: (A) The veteran died during the previous tax year; or (B) The property designated as the homestead was acquired after March 1 but prior to July 1 of the assessment year and the veteran died within 30 days of the date the property was acquired. (b) The claim shall be allowed by the county assessor if the surviving spouse meets all of the qualifications for an exemption under ORS 307.250 other than the timely filing of a claim under subsection (1) of this section. (c) If taxes on the exempt value have been paid, the taxes shall be refunded in the manner prescribed in paragraph (d) of this subsection. If taxes on the exempt value have not been paid, the taxes and any interest thereon shall be abated. (d) The tax collector shall notify the governing body of the county of any refund required under this section and the governing body shall cause a refund of the taxes and any interest paid to be made from the unsegregated tax collections account described in ORS 311.385. The refund under this subsection shall be made without interest. The county assessor and tax collector shall make the necessary corrections in the records of their offices. [Amended by 1961 c.235 §1; 1969 c.562 §1; 1979 c.689 §7; 1981 c.530 §4; 1981 c.682 §2; 1982 s.s.1 c.33 §3; 1987 c.363 §1; 1991 c.67 §78; 1991 c.459 §53; 1995 c.610 §3; 1997 c.541 §113; 2001 c.351 §1; 2003 c.169 §12; 2007 c.615 §1; 2009 c.41 §2] 307.262 Tax years for which exemption may be claimed upon receipt of federal certification of disability; procedure; refund. (1) Notwithstanding ORS 307.260, if a veteran receives notice of certification from the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States that the veteran has disabilities of 40 percent or more as of a date set forth in the certification, the veteran may obtain the exemption set forth in ORS 307.250 for each tax year following the date of certified disability.
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(2) A veteran seeking to obtain an exemption under ORS 307.250 pursuant to this section must file a claim for exemption with the county assessor within six months of the date the federal government agency notifies the veteran of the certified disability. (3) Notwithstanding subsection (1) of this section, a veteran may not receive an exemption under ORS 307.250 for a tax year that is more than three tax years prior to the tax year in which a claim is filed under this section. (4) If the county assessor determines that a veteran who has filed a claim under this section meets the requirements of ORS 307.250 for a tax year prior to the current tax year, property taxes collected on the exempt amount for the prior tax year, together with interest at the rate set forth in ORS 311.812, shall be refunded to the veteran. Refunds shall be made from the refund reserve account established under ORS 311.807. [2001 c.199 §2; 2009 c.41 §3] 307.270 Property to which exemption of ORS 307.250 applies. (1) The exemption under ORS 307.250 shall apply to property any such veteran or surviving spouse may own, or have in possession under a recorded contract of purchase, on January 1 of the year in which the exemption is claimed. The exemption shall first apply to the homestead of the veteran or surviving spouse and then to the personal property of the veteran or surviving spouse. Property of the spouse of any such veteran where they are living together and occupying the same as their homestead shall be deemed the homestead of the veteran. When any such veteran or surviving spouse applies for exemption on properties in two or more counties, the total amount of the exemption allowed in all such counties shall not exceed the maximum amount of exemption under ORS 307.250. (2) For each qualified veteran or surviving spouse only one valid and allowable claim for an exemption on a homestead shall be permitted in any one assessment year. [Amended by 1955 c.248 §2; 1977 c.113 §1; 1981 c.530 §5; 1981 c.682 §3; 1982 s.s.1 c.33 §4; 1991 c.459 §54; 1995 c.610 §4; 1997 c.541 §115; 1999 c.221 §2; 2007 c.615 §3; 2009 c.41 §4] 307.280 Effect of exemption under ORS 307.250 on prior tax levied. Allowance of the exemption, under ORS 307.250, in any year shall not have the effect of canceling or permitting the cancellation of any tax levied in any prior year. 307.283 Homesteads of unmarried surviving spouses of veterans of Civil War or Spanish War. The surviving spouse remaining unmarried of any honorably discharged veteran of the Civil War or the Spanish War, who is pensioned and actually resides in a homestead, is entitled to an exemption of $2,000 of the taxable value of such homestead, in addition to the exemption from taxes on real property otherwise provided by law for such surviving spouse. [Formerly 307.300] (Active Duty Military Service) 307.286 Homestead exemption. (1) Upon compliance with ORS 307.289, there shall be exempt from taxation up to $60,000 of the assessed value of the homestead of any resident of this state who is: (a) Serving in the Oregon National Guard, military reserve forces or organized militia of any other state or territory of the United States; and (b) Performing service:
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(A) Under Title 10 of the United States Code or pursuant to a deployment made under the authority of the Emergency Management Assistance Compact; and (B) For more than 178 consecutive days, if at least one of the days falls within the tax year for which the exemption is claimed. (2) For each tax year beginning on or after July 1, 2006, the amount of the exemption allowed under subsection (1) of this section shall equal 103 percent of the amount of the exemption for the prior tax year. (3) As used in this section, “homestead” means residential property that is owned by a person described in subsection (1) of this section and that, but for military service, would be occupied as a residence by the person. [2005 c.520 §3; 2007 c.604 §1] 307.289 Claiming homestead exemption; alternative procedures following death of person qualifying for exemption. (1) Each person qualifying for the exemption under ORS 307.286 shall file with the county assessor, on forms supplied by the assessor, a claim in writing on or before August 1 following the end of the tax year for which the exemption is claimed. (2) The claim shall set out the basis of the claim and designate the property to which the exemption may apply. Claims for exemptions under ORS 307.286 shall include a statement by the claimant under oath or affirmation setting forth the basis for eligibility for the exemption. The claim shall also include an affidavit or affirmation of the claimant that the statements contained therein are true. (3) Notwithstanding subsection (1) of this section and ORS 307.286 (1), an individual described in ORS 307.286 (1) who applies prior to the date on which service begins shall be allowed the exemption if the claimant has written orders that require the performance of service for at least one day during the tax year for which the exemption is being claimed and the claimant is otherwise eligible for the exemption. (4)(a) Notwithstanding subsection (1) of this section and ORS 307.286 (1), an individual who is lawfully occupying the homestead of the qualifying person may file a claim for the exemption under ORS 307.286 by the time prescribed in subsection (1) of this section if the qualifying person died while performing the service described in ORS 307.286 (1)(b)(A) during the current or prior tax year. (b) The claim shall be allowed by the county assessor if the qualifying person met all of the qualifications for an exemption under ORS 307.286 prior to death, other than the number of consecutive days of service. (5) If taxes on the exempt value have been paid, the taxes shall be refunded in the manner prescribed in subsection (6) of this section. If taxes on the exempt value have not been paid, the taxes and any interest thereon shall be abated. (6) The tax collector shall notify the governing body of the county of any refund required under this section and the governing body shall cause a refund of the taxes and any interest paid to be made from the unsegregated tax collections account described in ORS 311.385. The refund under this subsection shall be made without interest. The county assessor and tax collector shall make the necessary corrections in the records of their offices. [2005 c.520 §4; 2007 c.604 §2]
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Chapter 308 — Assessment of Property for Taxation
2015 EDITION
ASSESSMENT OF PROPERTY FOR TAXATION REVENUE AND TAXATION GENERAL PROVISIONS 308.010 Registered appraiser requirements; continuing education; rules
_______________ GENERAL PROVISIONS 308.010 Registered appraiser requirements; continuing education; rules. (1) A registered appraiser is an individual who has successfully qualified and is employed pursuant to county civil service or state merit system requirements, or who is currently certified by the Oregon Department of Administrative Services as having successfully passed an examination for Property Appraiser I or analogous merit system classification prepared by the Oregon Department of Administrative Services and conducted and graded by the Oregon Department of Administrative Services or the appropriate county civil service body. The examination shall be approved by a standing five-member committee of the Oregon State Association of County Assessors selected by the association for that purpose. In no event shall the qualifications for Property Appraiser I be less than those applicable to state appraisal personnel of similar classification. The Department of Revenue may revoke a registration of an appraiser for fraud or deceit in appraising or in the securing of a certificate or for incompetence. (2) Any person who is a registered appraiser shall upon application be given a written certificate thereof by the particular civil service body that designated the necessary requirements or conducted the particular examination for the applicant. (3) The Oregon Department of Administrative Services shall set education and experience requirements and formulate appropriate tests for the positions of Property Appraiser II and Property Appraiser III, which positions shall have the basic requirement of being a Property Appraiser I. (4)(a) Each person who is registered as an appraiser under this section, under rules adopted by the Department of Revenue, shall participate in a continuing education program that increases technical competency. The education programs shall include any of the following: (A) Basic mass appraisal and advanced mass appraisal. (B) Residential, rural, special assessment, commercial or light-industrial appraisal. (C) Property tax exemptions. (D) Personal property appraisal. (E) Ratio analysis. (F) Computer applications.
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(b) The Department of Revenue shall determine the hourly value to be assigned to each education program and shall by rule fix the number of hours that each person must have completed prior to the date indicated under paragraph (c) of this subsection. (c) Each person registered as an appraiser under this section shall submit evidence satisfactory to the Department of Revenue that the person has completed continuing education requirements in accordance with rules adopted by the Department of Revenue under this subsection. The evidence must be submitted on or before December 31 of the year in which the continuing education requirements were completed. (d) If the person does not submit the evidence required under paragraph (c) of this subsection, the Department of Revenue shall revoke the registration. (e) The Department of Revenue may adopt conditions under which continuing education requirements may be waived. However, continuing education requirements may not be waived by the Department of Revenue for more than three consecutive years except for military service, retirement, disability or absence from the state or for other instances of individual hardship as determined by the Department of Revenue. [1955 c.575 §3; 1961 c.604 §1; 1971 c.695 §7; 1973 c.236 §1; 1981 c.126 §5; 1989 c.796 §25; 1991 c.5 §21; 2003 c.46 §13; 2005 c.94 §43]
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Chapter 311 — Collection of Property Taxes
2015 EDITION
COLLECTION OF PROPERTY TAXES REVENUE AND TAXATION DEFERRED COLLECTION OF HOMESTEAD PROPERTY TAXES 311.666 Definitions for ORS 311.666 to 311.701 REFUNDS 311.812 No interest on refunds under ORS 311.806; exceptions; rate
_______________ DEFERRED COLLECTION OF HOMESTEAD PROPERTY TAXES 311.666 Definitions for ORS 311.666 to 311.701. As used in ORS 311.666 to 311.701: (1) “County median RMV” means the median real market value entered on the last certified assessment and tax roll for all residential improved properties in the county in which a homestead is located that are classified as 1-0-1 pursuant to the rule adopted by the Department of Revenue under ORS 308.215. (2) “Homestead” means the owner occupied principal dwelling, either real or personal property, owned by the taxpayer and the tax lot upon which it is located. If the homestead is located in a multiunit building, the homestead is the portion of the building actually used as the principal dwelling and its percentage of the value of the common elements and of the value of the tax lot upon which it is built. The percentage is the value of the unit consisting of the homestead compared to the total value of the building exclusive of the common elements, if any. (3) “Household income” means the aggregate income of the taxpayer and the spouse of the taxpayer who occupy the homestead, that was received during the calendar year for which the claim is filed. “Household income” includes payments received by the taxpayer or the spouse of the taxpayer under the federal Social Security Act for the benefit of a minor child or minor children who occupy the homestead. (4) “Income” means “adjusted gross income” as defined in the federal Internal Revenue Code, as amended and in effect on December 31, 2014, even when the amendments take effect or become operative after that date, relating to the measurement of taxable income of individuals, estates and trusts, with the following modifications: (a) There shall be added to adjusted gross income the following items of otherwise exempt income: (A) The gross amount of any otherwise exempt pension less return of investment, if any. (B) Child support received by the taxpayer. (C) Inheritances. (D) Gifts and grants, the sum of which are in excess of $500 per year.
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(E) Amounts received by a taxpayer or spouse of a taxpayer for support from a parent who is not a member of the taxpayer’s household. (F) Life insurance proceeds. (G) Accident and health insurance proceeds, except reimbursement of incurred medical expenses. (H) Personal injury damages. (I) Sick pay that is not included in federal adjusted gross income. (J) Strike benefits excluded from federal gross income. (K) Worker’s compensation, except for reimbursement of medical expense. (L) Military pay and benefits. (M) Veteran’s benefits. (N) Payments received under the federal Social Security Act that are excluded from federal gross income. (O) Welfare payments, except as follows: (i) Payments for medical care, drugs and medical supplies, if the payments are not made directly to the welfare recipient; (ii) In-home services authorized and approved by the Department of Human Services; and (iii) Direct or indirect reimbursement of expenses paid or incurred for participation in work or training programs. (P) Nontaxable dividends. (Q) Nontaxable interest not included in federal adjusted gross income. (R) Rental allowance paid to a minister that is excluded from federal gross income. (S) Income from sources without the United States that is excluded from federal gross income. (b) Adjusted gross income shall be increased due to the disallowance of the following deductions: (A) The amount of the net loss, in excess of $1,000, from all dispositions of tangible or intangible properties. (B) The amount of the net loss, in excess of $1,000, from the operation of a farm or farms. (C) The amount of the net loss, in excess of $1,000, from all operations of a trade or business, profession or other activity entered into for the production or collection of income. (D) The amount of the net loss, in excess of $1,000, from tangible or intangible property held for the production of rents, royalties or other income. (E) The amount of any net operating loss carryovers or carrybacks included in federal adjusted gross income. (F) The amount, in excess of $5,000, of the combined deductions or other allowances for depreciation, amortization or depletion. (G) The amount added or subtracted, as required within the context of this section, for adjustments made under ORS 316.680 (2)(d) and 316.707 to 316.737. (c) “Income” does not include any of the following: (A) Any governmental grant that must be used by the taxpayer for rehabilitation of the homestead of the taxpayer. (B) The amount of any payments made pursuant to ORS 310.630 to 310.706. (C) Any refund of Oregon personal income taxes that were imposed under ORS chapter 316.
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(5)(a) “Net worth” means the sum of the current market value of all assets, including real property, cash, savings accounts, bonds and other investments, after deducting outstanding liabilities. (b) “Net worth” does not include the value of a homestead for which deferral is claimed under ORS 311.666 to 311.701, the cash value of life insurance policies on the life of a taxpayer or tangible personal property owned by a taxpayer. (6) “Person with a disability” means an individual who has been determined to be eligible to receive or who is receiving federal Social Security benefits due to disability or blindness, including an individual who is receiving Social Security survivor benefits in lieu of Social Security benefits due to disability or blindness. (7) “Tax-deferred property” means the property upon which taxes are deferred under ORS 311.666 to 311.701. (8) “Taxes” or “property taxes” means ad valorem taxes, assessments, fees and charges entered on the assessment and tax roll. (9) “Taxpayer” means an individual who has filed, as an individual or jointly, a claim for deferral under ORS 311.666 to 311.701. (10)(a) “Transferee” means, without limitation, an heir, legatee, devisee, distributee of an estate of a deceased individual, the assignee or donee of an insolvent individual or a person acting in a fiduciary capacity on behalf of a transferee. (b) “Transferee” does not mean a bona fide purchaser for value. (11) “U.S. City Average Consumer Price Index” means 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. [1963 c.569 §7; 1977 c.160 §1; 1983 c.550 §1; 1999 c.1097 §1; 2001 c.184 §1; 2007 c.70 §77; 2011 c.723 §1; 2012 c.13 §3; 2015 c.348 §11]
REFUNDS 311.812 No interest on refunds under ORS 311.806; exceptions; rate. (1) Except as provided in subsection (2) of this section, interest may not be paid upon any tax refunds made under ORS 311.806. (2) Interest as provided in subsection (3) of this section shall be paid on the following refunds: (a) A refund resulting from the correction under ORS 308.242 (2) or (3) or 311.205 of an error made by the assessor, Department of Revenue or tax collector. (b) A refund resulting from a written stipulation of the county assessor or the county tax collector if the written stipulation constitutes a final determination that is not subject to appeal. (c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from the department’s order. (d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a final determination of the matter. (e) Refunds of taxes collected against real or personal property not within the jurisdiction of the tax levying body. (f) Refunds due to reductions in value ordered by a county board of property tax appeals where no appeal is taken. (g) Refunds due to reductions in value made pursuant to ORS 309.115.
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(h) Refunds due to a claim for a veteran’s exemption for a prior tax year that is filed pursuant to ORS 307.262. (3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one percent per month, or fraction of a month, computed from the time the tax was paid or from the time the first installment thereof was due, whichever is the later. If a discount is given at the time the taxes are paid, interest shall be computed only on the net amount of taxes to be refunded. If any portion of a refund described in subsection (2) of this section results from an assessment based on inaccurate information contained in a report filed by a taxpayer, interest shall be computed on only the portion of the refund that is not attributable to the inaccurate information contained in the taxpayer report. (b) As used in this subsection, “report” means a return, statement or any other information provided by a taxpayer in writing to the department or county assessor. [1971 c.737 §2; 1975 c.704 §4; 1977 c.606 §3; 1981 c.804 §89a; 1983 s.s. c.5 §22; 1993 c.270 §61; 1995 c.79 §151; 1995 c.226 §13; 1997 c.541 §298; 1999 c.862 §5; 2001 c.199 §4; 2005 c.394 §2; 2007 c.545 §1; 2007 c.590 §3; 2009 c.41 §5]
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Chapter 314 — Taxes Imposed Upon or Measured by Net Income
2015 EDITION
INCOME TAXATION GENERALLY REVENUE AND TAXATION GENERAL PROVISIONS 314.091 Abeyance of tax during periods of active duty military service
_______________ 314.091 Abeyance of tax during periods of active duty military service. (1) This section applies to a taxpayer who is a member of the Armed Forces of the United States who is on active duty for 90 consecutive days or more or who is a member of the Oregon National Guard, the military reserve forces or the organized militia of any other state or territory of the United States who performs service in a status under Title 10 of the United States Code for a period of 90 consecutive days or more. (2) If a taxpayer described in subsection (1) of this section has an unpaid tax liability for a tax due under ORS chapter 316 that arose during a period in which service is performed as described in subsection (1) of this section, the unpaid tax liability, and all interest and penalties associated with the unpaid tax liability, shall be held in abeyance until a date that is six months after the date that the taxpayer’s active duty or status under Title 10 of the United States Code ceases. [2005 c.519 §6]
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Chapter 316 — Personal Income Tax
2015 EDITION
PERSONAL INCOME TAX REVENUE AND TAXATION GENERAL PROVISIONS 316.027 “Resident” defined TAXATION OF NONRESIDENTS 316.127 Income of nonresident from Oregon sources ADDITIONAL CREDITS (Costs in Lieu of Nursing Home Care) 316.147 Definitions for ORS 316.147 to 316.149 (Retirement Income) 316.157 Credit for retirement income COLLECTION OF TAX AT SOURCE OF PAYMENT (Generally) 316.162 Definitions for ORS 316.162 to 316.221 316.193 Withholding of state income taxes from federal retired pay for members of uniformed
services MODIFICATIONS OF TAXABLE INCOME (Exemptions) 316.792 Military pay GENERAL PROVISIONS
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316.027 “Resident” defined. (1) For purposes of this chapter, unless the context requires otherwise: (a) “Resident” or “resident of this state” means: (A) An individual who is domiciled in this state unless the individual: (i) Maintains no permanent place of abode in this state; (ii) Does maintain a permanent place of abode elsewhere; and (iii) Spends in the aggregate not more than 30 days in the taxable year in this state; or (B) An individual who is not domiciled in this state but maintains a permanent place of abode in this state and spends in the aggregate more than 200 days of the taxable year in this state unless the individual proves that the individual is in the state only for a temporary or transitory purpose. (b) “Resident” or “resident of this state” does not include: (A) An individual who is a qualified individual under section 911(d)(1) of the Internal Revenue Code for the tax year; (B) A spouse of a qualified individual under section 911(d)(1) of the Internal Revenue Code, if the spouse has a principal place of abode for the tax year that is not located in this state; (C) A resident alien under section 7701(b) of the Internal Revenue Code who would be considered a qualified individual under section 911(d)(1) of the Internal Revenue Code if the resident alien were a citizen of the United States; or (D) A member of the Armed Forces who performs active service as defined in 10 U.S.C. 101(d)(3), other than annual training duty or inactive-duty training, if the member’s residency as reflected in the payroll records of the Defense Finance and Accounting Service is outside this state. (2) For purposes of subsection (1)(a)(B) of this section, a fraction of a calendar day shall be counted as a whole day. [1969 c.493 §8; 1987 c.158 §49; 1995 c.79 §165; 1999 c.1096 §1; 2015 c.701 §50] TAXATION OF NONRESIDENTS 316.127 Income of nonresident from Oregon sources. (1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following: (a) The net amount of items of income, gain, loss and deduction entering into the nonresident’s federal adjusted gross income that are derived from or connected with sources in this state including (A) any distributive share of partnership income and deductions and (B) any share of estate or trust income and deductions; and (b) The portion of the modifications, additions or subtractions to federal taxable income provided in this chapter and other laws of this state that relate to adjusted gross income derived from sources in this state for personal income tax purposes, including any modifications attributable to the nonresident as a partner. (2) Items of income, gain, loss and deduction derived from or connected with sources within this state are those items attributable to: (a) The ownership or disposition of any interest in real or tangible personal property in this state; (b) A business, trade, profession or occupation carried on in this state; and
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(c) A taxable lottery prize awarded by the Oregon State Lottery, including a taxable lottery prize awarded by a multistate lottery association of which the Oregon State Lottery is a member if the ticket upon which the prize is awarded was sold in this state. (3) Income from intangible personal property, including annuities, dividends, interest and gains from the disposition of intangible personal property, constitutes income derived from sources within this state only to the extent that such income is from property employed in a business, trade, profession or occupation carried on in this state. (4) Deductions with respect to capital losses, net long-term capital gains, and net operating losses shall be based solely on income, gains, losses and deductions derived from or connected with sources in this state, under regulations to be prescribed by the Department of Revenue, but otherwise shall be determined in the same manner as the corresponding federal deductions. (5) Notwithstanding subsection (3) of this section: (a) The income of an S corporation for federal income tax purposes derived from or connected with sources in this state constitutes income derived from sources within this state for a nonresident individual who is a shareholder of the S corporation; and (b) A net operating loss of an S corporation derived from or connected with sources in this state constitutes a loss or deduction connected with sources in this state for a nonresident individual who is a shareholder of the S corporation. (6) If a business, trade, profession or occupation is carried on partly within and partly without this state, the determination of net income derived from or connected with sources within this state shall be made by apportionment and allocation under ORS 314.605 to 314.675. (7) Compensation paid by the United States for service in the Armed Forces of the United States performed by a nonresident does not constitute income derived from sources within this state. (8) Compensation paid to a nonresident for services performed by the nonresident at a hydroelectric facility does not constitute income derived from sources within this state if the hydroelectric facility: (a) Is owned by the United States; (b) Is located on the Columbia River; and (c) Contains portions located within both this state and another state. (9)(a) Retirement income received by a nonresident does not constitute income derived from sources within this state unless the individual is domiciled in this state. (b) As used in this section, “retirement income” means retirement income as that term is defined in 4 U.S.C. 114, as amended and in effect for the tax period. (10) Compensation for the performance of duties described in this subsection that is paid to a nonresident does not constitute income derived from sources within this state if the individual: (a) Is engaged on a vessel to perform assigned duties in more than one state as a pilot licensed under 46 U.S.C. 7101 or licensed or authorized under the laws of a state; or (b) Performs regularly assigned duties while engaged as a master, officer or member of a crew on a vessel operating in the navigable waters of more than one state. [1969 c.493 §23; 1971 c.672 §2; 1973 c.269 §2; 1975 c.705 §4; 1983 c.684 §15a; 1989 c.625 §9; 1997 c.654 §6; 1997 c.839 §10; 1999 c.143 §4; 1999 c.556 §1; 1999 c.580 §7; 2001 c.77 §§1,4; 2001 c.114 §37; 2003 c.77 §24; 2014 c.114 §13]
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ADDITIONAL CREDITS (Costs in Lieu of Nursing Home Care) 316.147 Definitions for ORS 316.147 to 316.149. As used in ORS 316.147 to 316.149, unless the context requires otherwise: (1) “Eligible taxpayer” includes any individual who must pay taxes otherwise imposed by this chapter and: (a) Who pays or incurs expenses for the care of a qualified individual, through a payment method determined by rule of the Department of Revenue; and (b) Who has a household income, for the taxable year, not to exceed the maximum amount of household income allowed in ORS 310.640 (1989 Edition) for a homeowner or renter refund. (2) “Household income” means the aggregate income of the eligible taxpayer and the spouse of the taxpayer who reside in the household, that was received during a calendar year. “Household income” includes payments received by the eligible taxpayer or the spouse of the taxpayer under the federal Social Security Act for the benefit of a minor child or minor children who reside in the household. (3) “Income” means “adjusted gross income” as defined in the federal Internal Revenue Code, as amended and in effect on December 31, 2014, even when the amendments take effect or become operative after that date, relating to the measurement of taxable income of individuals, estates and trusts, with the following modifications: (a) There shall be added to adjusted gross income the following items of otherwise exempt income: (A) The gross amount of any otherwise exempt pension less return of investment, if any. (B) Child support received by the taxpayer. (C) Inheritances. (D) Gifts and grants, the sum of which are in excess of $500 per year. (E) Amounts received by a taxpayer or spouse of a taxpayer for support from a parent who is not a member of the taxpayer’s household. (F) Life insurance proceeds. (G) Accident and health insurance proceeds, except reimbursement of incurred medical expenses. (H) Personal injury damages. (I) Sick pay that is not included in federal adjusted gross income. (J) Strike benefits excluded from federal gross income. (K) Worker’s compensation, except for reimbursement of medical expense. (L) Military pay and benefits. (M) Veteran’s benefits. (N) Payments received under the federal Social Security Act that are excluded from federal gross income. (O) Welfare payments, except as follows: (i) Payments for medical care, drugs and medical supplies, if the payments are not made directly to the welfare recipient;
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(ii) In-home services authorized and approved by the Department of Human Services; and (iii) Direct or indirect reimbursement of expenses paid or incurred for participation in work or training programs. (P) Nontaxable dividends. (Q) Nontaxable interest not included in federal adjusted gross income. (R) Rental allowance paid to a minister that is excluded from federal gross income. (S) Income from sources without the United States that is excluded from federal gross income. (b) Adjusted gross income shall be increased due to the disallowance of the following deductions: (A) The amount of the net loss, in excess of $1,000, from all dispositions of tangible or intangible properties. (B) The amount of the net loss, in excess of $1,000, from the operation of a farm or farms. (C) The amount of the net loss, in excess of $1,000, from all operations of a trade or business, profession or other activity entered into for the production or collection of income. (D) The amount of the net loss, in excess of $1,000, from tangible or intangible property held for the production of rents, royalties or other income. (E) The amount of any net operating loss carryovers or carrybacks included in federal adjusted gross income. (F) The amount, in excess of $5,000, of the combined deductions or other allowances for depreciation, amortization or depletion. (G) The amount added or subtracted, as required within the context of this section, for adjustments made under ORS 316.680 (2)(d) and 316.707 to 316.737. (c) “Income” does not include any of the following: (A) Any governmental grant that must be used by the taxpayer for rehabilitation of the homestead of the taxpayer. (B) The amount of any payments made pursuant to ORS 310.630 to 310.706. (C) Any refund of Oregon personal income taxes that were imposed under this chapter. (4) “Qualified individual” includes an individual at least 60 years of age on the date that the expenses described in subsection (1)(a) of this section are paid or incurred by the eligible taxpayer: (a) Whose household income does not exceed $7,500 for the calendar year in which the taxable year of the taxpayer begins; (b) Who is eligible for authorized services as defined in ORS 410.410 under Oregon Project Independence; (c) Who is certified by the Department of Human Services; and (d) Whose care or any portion thereof is not paid for under ORS chapter 414. [1979 c.494 §2; 1991 c.786 §5; 1997 c.170 §28; 2011 c.201 §8; 2015 c.348 §18; 2015 c.480 §8] Note: The series 310.630 to 310.706 was repealed. See sections 1 to 3 and 29, chapter 348, Oregon Laws 2015. The text of 316.147 was not amended by enactment of the Legislative Assembly to reflect the repeal of the series. Editorial adjustment of 316.147 for the repeal of 310.630 to 310.706 has not been made.
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(Retirement Income) 316.157 Credit for retirement income. (1) In the case of an eligible individual, there shall be allowed as a credit against the taxes otherwise due under this chapter for the taxable year an amount equal to the lesser of the tax liability of the taxpayer or nine percent of net pension income. (2) For purposes of this section: (a) “Eligible individual” means any individual who is receiving pension income and who has attained the following age before the close of the taxable year: (A) For taxable years beginning on or after January 1, 1991, and before January 1, 1993, the individual must attain 58 years of age before the close of the taxable year. (B) For taxable years beginning on or after January 1, 1993, and before January 1, 1995, the individual must attain 59 years of age before the close of the taxable year. (C) For taxable years beginning on or after January 1, 1995, and before January 1, 1997, the individual must attain 60 years of age before the close of the taxable year. (D) For taxable years beginning on or after January 1, 1997, and before January 1, 1999, the individual must attain 61 years of age before the close of the taxable year. (E) For taxable years beginning on or after January 1, 1999, the individual must attain 62 years of age before the close of the taxable year. (b) “Household income” means the aggregate income of the taxpayer and the spouse of the taxpayer who reside in the household, that was received during the taxable year for which a credit is claimed, except that “household income” does not include Social Security benefits received by the taxpayer or the spouse of the taxpayer. (c) “Income” means “adjusted gross income” as defined in the federal Internal Revenue Code, as amended and in effect on December 31, 2014, even when the amendments take effect or become operative after that date, relating to the measurement of taxable income of individuals, estates and trusts, with the following modifications: (A) There shall be added to adjusted gross income the following items of otherwise exempt income: (i) The gross amount of any otherwise exempt pension less return of investment, if any. (ii) Child support received by the taxpayer. (iii) Inheritances. (iv) Gifts and grants, the sum of which are in excess of $500 per year. (v) Amounts received by a taxpayer or spouse of a taxpayer for support from a parent who is not a member of the taxpayer’s household. (vi) Life insurance proceeds. (vii) Accident and health insurance proceeds, except reimbursement of incurred medical expenses. (viii) Personal injury damages. (ix) Sick pay that is not included in federal adjusted gross income. (x) Strike benefits excluded from federal gross income. (xi) Worker’s compensation, except for reimbursement of medical expense. (xii) Military pay and benefits. (xiii) Veteran’s benefits.
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(xiv) Payments received under the federal Social Security Act that are excluded from federal gross income. (xv) Welfare payments, except as follows: (I) Payments for medical care, drugs and medical supplies, if the payments are not made directly to the welfare recipient; (II) In-home services authorized and approved by the Department of Human Services; and (III) Direct or indirect reimbursement of expenses paid or incurred for participation in work or training programs. (xvi) Nontaxable dividends. (xvii) Nontaxable interest not included in federal adjusted gross income. (xviii) Rental allowance paid to a minister that is excluded from federal gross income. (xix) Income from sources without the United States that is excluded from federal gross income. (B) Adjusted gross income shall be increased due to the disallowance of the following deductions: (i) The amount of the net loss, in excess of $1,000, from all dispositions of tangible or intangible properties. (ii) The amount of the net loss, in excess of $1,000, from the operation of a farm or farms. (iii) The amount of the net loss, in excess of $1,000, from all operations of a trade or business, profession or other activity entered into for the production or collection of income. (iv) The amount of the net loss, in excess of $1,000, from tangible or intangible property held for the production of rents, royalties or other income. (v) The amount of any net operating loss carryovers or carrybacks included in federal adjusted gross income. (vi) The amount, in excess of $5,000, of the combined deductions or other allowances for depreciation, amortization or depletion. (vii) The amount added or subtracted, as required within the context of this section, for adjustments made under ORS 316.680 (2)(d) and 316.707 to 316.737. (C) “Income” does not include any of the following: (i) Any governmental grant that must be used by the taxpayer for rehabilitation of the homestead of the taxpayer. (ii) The amount of any payments made pursuant to ORS 310.630 to 310.706. (iii) Any refund of Oregon personal income taxes that were imposed under this chapter. (d) “Net pension income” means: (A) For eligible individuals filing a joint return, the lesser of the pension income of the eligible individuals received during the taxable year or the excess, if any, of $15,000 over the sum of the following amounts: (i) Any Social Security benefits received by the eligible individual, or by the spouse of the individual, during the taxable year; and (ii) The excess, if any, of household income over $30,000. (B) For an eligible individual filing a return other than a joint return, the lesser of the pension income of the eligible individual received during the taxable year or the excess, if any, of $7,500 over the sum of the following amounts:
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(i) Any Social Security benefits received by the eligible individual during the taxable year; and (ii) The excess, if any, of household income over $15,000. (e) “Pension income” means income included in Oregon taxable income from: (A) Distributions from or pursuant to an employee pension benefit plan, as defined in section 3(2) of the Employee Retirement Income Security Act of 1974, which satisfies the requirements of section 401 of the Internal Revenue Code; (B) Distributions from or pursuant to a public retirement system of this state or a political subdivision of this state, or a public retirement system created by an Act of this state or a political subdivision of this state, or the public retirement system of any other state or local government; (C) Distributions from or pursuant to a federal retirement system created by the federal government for any officer or employee of the United States, including any person retired from service in the United States Civil Service, the Armed Forces of the United States or any agency or subdivision thereof; (D) Distributions or withdrawals from or pursuant to an eligible deferred compensation plan which satisfies the requirements of section 457 of the Internal Revenue Code; (E) Distributions or withdrawals from or pursuant to an individual retirement account, annuity or trust or simplified employee pension which satisfies the requirements of section 408 of the Internal Revenue Code; and (F) Distributions or withdrawals from or pursuant to an employee annuity, including custodial accounts treated as annuities, subject to section 403 (a) or (b) of the Internal Revenue Code. (f) “Social Security benefits” means Social Security benefits, as defined in section 86 of the Internal Revenue Code (Title II Social Security or tier 1 railroad retirement benefits). (3) If a change in the taxable year of the eligible individual occurs as described in ORS 314.085, or if the Department of Revenue terminates the tax year of the eligible individual under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085. (4) If a change in the status of the eligible individual from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with subsection (1) of this section. [1991 c.823 §5; 1997 c.839 §13; 1999 c.90 §12; 2001 c.660 §39; 2015 c.348 §19; 2015 c.480 §9] COLLECTION OF TAX AT SOURCE OF PAYMENT (Generally) 316.162 Definitions for ORS 316.162 to 316.221. As used in ORS 316.162 to 316.221: (1) “Number of withholding exemptions claimed” means the number of withholding exemptions claimed in a withholding exemption certificate in effect under ORS 316.182, except that if no such certificate is in effect, the number of withholding exemptions claimed is considered to be zero.
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(2) “Wages” means remuneration for services performed by an employee for an employer, including the cash value of all remuneration paid in any medium other than cash, except that “wages” does not include remuneration paid: (a) For active service in the Armed Forces of the United States as to which no withholding is required by the Internal Revenue Code. (b) To an employee of a common carrier to the extent that 49 U.S.C. 14503 and 40116 prohibit the remuneration from withholding for state income taxes. (c) For domestic service in a private home, a local college club or a local chapter of a college fraternity or sorority. (d) For casual labor not in the course of the employer’s trade or business. (e) To an employee whose services to the employer consist solely of labor in connection with the planting, cultivating or harvesting of seasonal agricultural crops if the total amount paid to such employee is less than $300 annually. (f) To seamen who are exempt from garnishment, attachment or execution under title 46 of the United States Code. (g) To persons temporarily employed as emergency forest fire fighters. (h) To employees’ trusts exempt from tax under provisions of the federal Internal Revenue Code. (i) For services performed by a duly ordained, commissioned or licensed minister of a church in the exercise of the minister’s ministry or by a member of a religious order in the exercise of religious duties required by such order, which duties are not commercial in nature. (j) For services provided by an independent contractor, as defined in ORS 670.600. (k) To or on behalf of an employee, a beneficiary of an employee or an alternate payee under or to an eligible deferred compensation plan that, at the time of the payment, is a plan described in section 457(b) of the Internal Revenue Code and that is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code. (L) When the remuneration is exempt from taxation under this chapter. (3) “Employer” means: (a) A person who is in such relation to another person that the person may control the work of that other person and direct the manner in which it is to be done; or (b) An officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee or member is under a duty to perform the acts required of employers by ORS 316.167, 316.182, 316.197, 316.202 and 316.207. [1969 c.493 §24; 1971 c.690 §1; 1973 c.229 §1; 1977 c.604 §1; 1981 c.705 §3; 1985 c.87 §3; 1989 c.762 §2; 1997 c.839 §15; 1999 c.21 §42; 1999 c.90 §13; 1999 c.580 §9; 2001 c.660 §40; 2003 c.77 §16; 2003 c.704 §6; 2005 c.533 §7] 316.193 Withholding of state income taxes from federal retired pay for members of uniformed services. (1) The Department of Revenue may enter into an agreement with the appropriate United States agency or instrumentality for the voluntary withholding of state income taxes from the retired pay of members of the uniformed services under the provisions of section 654, Public Law 98-525. The department is hereby authorized to do all acts and comply with any requirements necessary to enable retired members of the uniformed services to elect voluntary withholding of state income taxes from their retired pay.
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(2) The department may establish by rule a minimum monthly amount to be withheld and paid over for any member electing voluntary withholding of state income taxes under an agreement entered into under subsection (1) of this section. (3) Notwithstanding ORS 314.835 or 314.840, the department may disclose to the Department of Defense the name, address or Social Security number of any member electing voluntary withholding of state income taxes whenever necessary to enable the Department of Defense to implement such withholding under the terms of an agreement entered into under subsection (1) of this section. (4) As used in this section: (a) “Member” means any person retired from a regular or reserve component of one of the uniformed services, who has Oregon personal income tax liability in connection with the receipt of retired pay. (b) “Retired pay” means pay and benefits received based on conditions of the federal retirement law, pay grade, years of service, date of retirement, transfer to Fleet Reserve or Fleet Marine Corps Reserve or disability. (c) “Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the United States Public Health Service and the commissioned corps of the National Oceanic and Atmospheric Administration. [1985 c.87 §8] Note: 316.193 was added to and made a part of ORS chapter 316 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. MODIFICATIONS OF TAXABLE INCOME (Exemptions) 316.792 Military pay. (1) As used in this section: (a) “Armed Forces of the United States” means all regular and reserve components of the United States Army, Navy, Air Force, Marine Corps and Coast Guard and other uniformed services under the orders of the President of the United States. (b) “Military pay” means pay for active duty, inactive duty, training and reserve component duty, including state active duty, and any other compensation, other than retirement pay or pension, paid by the Armed Forces of the United States to a member of the Armed Forces of the United States. (c) “Reserve component duty” includes duty performed as a member of the reserve components that is not federal active duty. (d) “Reserve components” includes all National Guard and reserve departments of the Armed Forces of the United States. (e) “Uniformed services” includes the commissioned corps of the National Oceanic and Atmospheric Administration and the United States Public Health Service. (2) There shall be subtracted from federal taxable income military pay received for: (a) Service performed outside this state in the year of initial draft or enlistment or in the year of discharge.
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(b) Service performed outside this state during any month beginning on or after August 1, 1990, and before the date designated by the President of the United States as the date of termination of combatant activities in the Persian Gulf Desert Shield area. (c) Service by a member of the reserve components, if: (A) The military pay is for service performed when the taxpayer is away from the home of the taxpayer overnight; (B) The taxpayer is required to be away from home overnight in order to perform the service; and (C) The service is of a duration of at least 21 consecutive days, although the consecutive days need not be in the same tax year. (d) Service not otherwise qualified for a subtraction under paragraphs (a) to (c) of this subsection, not to exceed $6,000 per year. (3) The total amount subtracted under this section may not exceed the taxpayer’s total military pay included in federal taxable income for the tax year. [2013 c.194 §2]
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Chapter 323 — Cigarettes and Tobacco Products
2015 EDITION
CIGARETTES AND TOBACCO PRODUCTS REVENUE AND TAXATION CIGARETTE TAX (Imposition of Tax) 323.055 Sales to federal installations and veterans’ institutions exempted CIGARETTE TAX 323.055 Sales to federal installations and veterans’ institutions exempted. The taxes imposed by ORS 323.005 to 323.482 do not apply to: (1) The sale of cigarettes to United States Army, Air Force, Navy, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration or Public Health Service of the United States Department of Health and Human Services exchanges and commissaries and Navy or Coast Guard ships’ stores, the United States Department of Veterans Affairs, ships’ stores maintained under federal bond, or to any person that by virtue of the Constitution or statutes of the United States cannot be made the subject of taxation by this state. (2) The sale or gift of federally tax-free cigarettes when the cigarettes are delivered directly from the manufacturer under Internal Revenue bond to a veterans’ home or a hospital or domiciliary facility of the United States Department of Veterans Affairs for gratuitous issue to veterans receiving hospitalization or domiciliary care. The tax may not be imposed with respect to the use or consumption of these cigarettes by the institution or by the veteran patients or domiciliaries. [1965 c.525 §§21,24; 1991 c.67 §79; 2003 c.804 §9; 2012 c.106 §4]
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TITLE 30 EDUCATION AND CULTURE Chapter 326. State Administration of Education 332. Local Administration of Education 341. Community Colleges 350. Statewide Coordination of Higher Education 352. Public Universities 353. Oregon Health and Science University
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Chapter 326 — State Administration of Education
2015 EDITION
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN (Temporary provisions relating to the Interstate Compact on Educational Opportunity for
Military Children are compiled as notes preceding ORS 326.565) INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN Note: Sections 1 to 6 and 8, chapter 110, Oregon Laws 2014, provide: Sec. 1. Interstate Compact on Educational Opportunity for Military Children. The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from a previous school district or variations in entrance or age requirements. B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility for enrollment, educational programs and participation in extracurricular academic, athletic and social activities.
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D. Facilitating the on-time graduation of children of military families. E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact. G. Promoting coordination between this compact and other compacts affecting military children. H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student. ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: A. “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 and members described in 32 U.S.C. 502(f). B. “Children of military families” means a school-aged child, enrolled in kindergarten through grade 12, in the household of an active duty member. C. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact. D. “Deployment” means the period one month prior to the service members’ departure from their home station on military orders though six months after return to their home station. E. “Education records” means official records, files and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs. F. “Extracurricular activities” means a voluntary activity sponsored by the school, the local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performance, contests, athletic competitions, demonstrations, displays and club activities. G. “Interstate Commission on Educational Opportunity for Military Children” means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission. H. “Local education agency” means a local school district. I. “Member state” means a state that has enacted this compact. J. “Military installation” means a base, camp, post, station, yard, center, home port facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. The term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects. K. “Nonmember state” means a state that has not enacted this compact.
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L. “Receiving state” means the state to which a child of a military family is sent, brought or caused to be sent or brought. M. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, that implements, interprets or prescribes a policy or provision of this compact, or that is an organizational, procedural or practice requirement of the Interstate Commission, and that has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule. N. “Sending state” means the state from which a child of a military family is sent, brought or caused to be sent or brought. O. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. P. “State education agency” means the Department of Education. Q. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through grade 12. R. “Transition” means: 1. The formal and physical process of transferring from school to school; or 2. The period of time in which a student moves from one school in the sending state to another school in the receiving state. S. “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the United States Public Health Service. T. “Veteran” means a person who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable. ARTICLE III APPLICABILITY A. Except as otherwise provided in Section B of this Article, this compact shall apply to the children of: 1. Active duty members of the uniformed services as defined in this compact, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 and members described in 32 U.S.C. 502(f); 2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and 3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death. B. The provisions of this compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: 1. Inactive members of the National Guard or the military reserve forces; 2. Members of the uniformed services now retired, except as provided in Section A of this Article; 3. Veterans of the uniformed services, except as provided in Section A of this Article; and 4. Other Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
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ARTICLE IV EDUCATION RECORDS AND ENROLLMENT A. Unofficial or hand-carried education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations. Compacting states shall give 30 days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. D. Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. ARTICLE V PLACEMENT AND ATTENDANCE A. Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, International Baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course.
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B. Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or based on participation or placement in like programs in the sending state. Such programs include, but are not limited to, talented and gifted programs and English as a second language programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services. 1. In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student’s current individualized education program. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. 2. In compliance with the requirements of section 504 of the Rehabilitation Act, 29 U.S.C. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing section 504 or Title II plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by this compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student’s parent or legal guardian relative to such leave or deployment of the parent or guardian. ARTICLE VI ELIGIBILITY A. Eligibility for enrollment. 1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. 2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. 3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent. B. Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
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ARTICLE VII GRADUATION In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures: A. Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams. States shall accept exit or end-of-course exams required for graduation from the sending state, national norm-referenced achievement tests or alternative testing that is given in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in the student’s senior year, then the provisions of Section C of this Article shall apply. C. Transfers during senior year. Should a military student transferring at the beginning or during the student’s senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article. ARTICLE VIII STATE COORDINATION A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership may include at least: the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. B. The Governor of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. The individual appointed to this position must be a member of the uniformed service. The Department of Education of the State of Oregon shall assist the military family education liaison in the performance of the duties of the position. C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise
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determined by each member state. The individual appointed to this position must have experience in the education of military children. D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council. ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. B. Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner. 1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote. 2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. 3. A representative may not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. 4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. C. Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members. D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rule making, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with the provisions of this compact, its bylaws and rules, and other such duties as
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deemed necessary. The Department of Defense shall serve as an ex officio, nonvoting member of the executive committee. F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in this compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by a two-thirds vote that an open meeting would be likely to: 1. Relate solely to the Interstate Commission’s internal personnel practices and procedures; 2. Disclose matters specifically exempted from disclosure by federal and state statute; 3. Disclose trade secrets or commercial or financial information that is privileged or confidential; 4. Involve accusing a person of a crime or formally censuring a person; 5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy; 6. Disclose investigative records compiled for law enforcement purposes; or 7. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding. H. Cause its legal counselor designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. I. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. J. Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of this compact or its rules or when issues subject to the jurisdiction of this compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers:
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A. To provide for dispute resolution among member states. B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact. C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of this compact, its bylaws, rules and actions. D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including but not limited to the use of the judicial process. E. To establish and maintain offices that shall be located within one or more of the member states. F. To purchase and maintain insurance and bonds. G. To borrow, accept, hire or contract for services of personnel. H. To establish and appoint committees, including but not limited to an executive committee as required by Article IX, Section E of this compact, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. I. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel. J. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it. K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed. L. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed. M. To establish a budget and make expenditures. N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission. O. To report annually to the legislatures, governors, judiciary and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. P. To coordinate education, training and public awareness regarding this compact, its implementation and operation for officials and parents involved in such activity. Q. To establish uniform standards for the reporting, collecting and exchanging of data. R. To maintain corporate books and records in accordance with the bylaws. S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact. ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
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A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this compact, including but not limited to: 1. Establishing the fiscal year of the Interstate Commission; 2. Establishing an executive committee and such other committees as may be necessary; 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; 4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; 5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; 6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of this compact after the payment and reserving of all of its debts and obligations; and 7. Providing start-up rules for initial administration of this compact. B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. C. Executive committee, officers and personnel. 1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; b. Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures and administrative and technical support functions; and c. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission. 2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. D. The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis
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for believing occurred, within the scope of Interstate Commission employment, duties or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. 1. The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. 2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. 3. To the extent not covered by the state involved, a member state, the Interstate Commission or the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. Rulemaking authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p. I (2000), as amended, as may be appropriate to the operations of the Interstate Commission. C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a
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substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority. D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact, then such rule shall have no further force and effect in any compacting state. ARTICLE XIII OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION A. Oversight. 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate this compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of this compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission. 3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules. B. Default, technical assistance, suspension and termination. 1. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. 2. If a member state has defaulted, the Interstate Commission shall provide remedial training and specific technical assistance regarding the default. 3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from this compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. 4. Suspension or termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature and each of the member states. 5. The state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
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6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from this compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. 7. The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees. C. Dispute resolution. 1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to this compact and that may arise among member states and between member and nonmember states. 2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement. 1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. The Interstate Commission may, by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of this compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. 3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of
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funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT A. Any state is eligible to become a member state. B. This compact shall become effective and binding upon legislative enactment of this compact into law by no less than 10 of the states. The effective date may be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of this compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of this compact by all states. C. The Interstate Commission may propose amendments to this compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. ARTICLE XVI WITHDRAWAL AND DISSOLUTION A. Withdrawal. 1. Once effective, this compact shall continue in force and remain binding upon each and every member state provided that a member state may withdraw from this compact by specifically repealing the statute that enacted this compact into law. 2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction. 3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof. 4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. 5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting this compact or upon such later date as determined by the Interstate Commission. B. Dissolution of compact. 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in this compact to one member state.
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2. Upon the dissolution of this compact, this compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. ARTICLE XVII SEVERABILITY AND CONSTRUCTION A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of this compact shall be enforceable. B. The provisions of this compact shall be liberally construed to effectuate its purposes. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other laws. 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. 2. All member states’ laws conflicting with this compact are superseded to the extent of the conflict. B. Binding effect of the compact. 1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. 2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms. 3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. ______________________________________________________________________________ [2014 c.110 §1] Sec. 2. Annual assessment. (1) If the Interstate Commission levies an annual assessment as described in Article XIV of the Interstate Compact on Educational Opportunity for Military Children under section 1 of this 2014 Act, the Department of Education shall fund the annual assessment. (2) For purposes of funding the annual assessment, the department may accept contributions of funds and assistance from any source, public or private, and agree to conditions placed on the funds not inconsistent with the purposes of the Interstate Compact on Educational Opportunity for Military Children under section 1 of this 2014 Act. [2014 c.110 §2] Sec. 3. State Council for Educational Opportunity for Military Children. There is established a State Council for Educational Opportunity for Military Children, as described in Article VIII of the Interstate Compact on Educational Opportunity for Military Children under section 1 of this 2014 Act, consisting of the military family education liaison and the compact commissioner. The Governor may appoint other individuals to the state council and shall make a
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good faith effort to ensure that other individuals appointed are individuals who are described in Article VIII of the Interstate Compact on Educational Opportunity for Military Children under section 1 of this 2014 Act and who are well informed on the principles of education of military children. [2014 c.110 §3] Sec. 4. Meetings. The State Council for Educational Opportunity for Military Children shall meet at least once every three months through the use of telephone or other electronic means and in accordance with ORS 192.610 to 192.690 and 192.672. [2014 c.110 §4] Sec. 5. Administrative support. The Oregon Military Department shall provide administrative support to the State Council for Educational Opportunity for Military Children. [2014 c.110 §5] Sec. 6. Authority to adopt policies. The State Council for Educational Opportunity for Military Children may adopt policies to carry out the duties assigned to the state council. [2014 c.110 §6] Sec. 8. Repeal. This 2014 Act [chapter 110, Oregon Laws 2014] is repealed on December 31, 2019. [2014 c.110 §8]
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Chapter 332 — Local Administration of Education
2015 EDITION
LOCAL ADMINISTRATION EDUCATION AND CULTURE STATUS, GENERAL POWERS AND DUTIES 332.114 Issuance of diplomas to veterans STATUS, GENERAL POWERS AND DUTIES 332.114 Issuance of diplomas to veterans. (1) A person who meets the requirements under subsection (3) of this section may request a school district to issue the person a high school diploma if the person resides within the boundaries of the school district or is a resident of this state and attended a high school of the school district. (2) A representative of a deceased person who meets the requirements under subsection (3) of this section may request a school district to issue a high school diploma on behalf of the deceased person if the deceased person resided within the boundaries of the school district at the time of death or was a resident of this state at the time of death and attended a high school of the school district.
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(3) Notwithstanding the requirements for a high school diploma established under ORS 329.451 and by the State Board of Education and school districts, a school district that receives a request under subsection (1) or (2) of this section shall issue a high school diploma to a person if the person: (a) Attended a high school before serving in the Armed Forces of the United States; (b) Did not graduate from a high school because the person was serving in the Armed Forces of the United States; (c) Was discharged or released under honorable conditions from the Armed Forces of the United States; (d) Served in the Armed Forces of the United States as described in subsection (4) of this section; and (e)(A) Has received a General Educational Development (GED) certificate; (B) Has received a post-secondary degree from a community college, public university listed in ORS 352.002 or other generally accredited institution of higher education; or (C) Has received a minimum score on the Armed Services Vocational Aptitude Battery (ASVAB), as established by the Oregon Military Department. (4) The provisions of subsection (3) of this section apply to a person who: (a) Served in the Armed Forces of the United States at any time during: (A) World War I; (B) World War II; (C) The Korean Conflict; or (D) The Vietnam War; (b) Served in the Armed Forces of the United States and was physically present in: (A) Operation Urgent Fury (Grenada); (B) Operation Just Cause (Panama); (C) Operation Desert Shield/Desert Storm (the Persian Gulf War); (D) Operation Restore Hope (Somalia); (E) Operation Enduring Freedom (Afghanistan); or (F) Operation Iraqi Freedom (Iraq); or (c) Served in the Armed Forces of the United States in an area designated as a combat zone by the President of the United States. [2003 c.182 §1; 2005 c.515 §1; 2005 c.827 §2; 2007 c.858 §32; 2011 c.637 §112] Note: 332.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 341 — Community Colleges
2015 EDITION
COMMUNITY COLLEGES EDUCATION AND CULTURE (Students and Tuition) 341.496 Admission of members of Armed Forces and specified federal agencies and of
spouses and dependent children of members; fee and tuition rate 341.499 Rights of student ordered to active duty; rules 341.502 Credit for room, board, tuition and fees for student ordered to active duty; rules 341.506 Credit for education and training received in Armed Forces 341.509 Tuition waiver for child, spouse or unremarried surviving spouse of service member (Students and Tuition) 341.496 Admission of members of Armed Forces and specified federal agencies and of spouses and dependent children of members; fee and tuition rate. (1) As used in this section: (a) “Active member of the Armed Forces of the United States” includes officers and enlisted personnel of the Armed Forces of the United States who: (A) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state; (B) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or (C) Reside in another state or a foreign country and establish Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty. (b) “Armed Forces of the United States” includes: (A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; (B) Reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and (C) The National Guard of the United States and the Oregon National Guard. (c) “Dependent children” includes any children of an active member of the Armed Forces of the United States who: (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or (B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the member for over one-half of their support. (2) Community colleges in Oregon shall admit active members of the Armed Forces of the United States, active members of the commissioned corps of the National Oceanic and
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Atmospheric Administration and members of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, and their spouses and dependent children, in the same manner as Oregon residents who are residents of the community college district and shall assess the same fees and tuition rates. [Formerly 341.529] 341.499 Rights of student ordered to active duty; rules. (1) A student at a community college who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights: (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to: (A) Withdraw from the course, subject to the provisions of subsection (2) of this section; (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the community college’s practice for completion of incomplete courses; or (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section; (b) The right to a credit described in ORS 341.502 for all amounts paid for room, board, tuition and fees; (c) If the student elects to withdraw from the community college, the right to be readmitted and reenrolled at the community college within one year after release from active duty without a requirement of redetermination of admission eligibility; and (d) The right to continuation of scholarships and grants awarded to the student that were funded by the community college or the Office of Student Access and Completion before the student was ordered to active duty. (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the community college may not: (a) Give the student academic credit for the course from which the student withdraws; (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or (c) Alter the student’s grade point average due to the student’s withdrawal from the course. (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions: (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class. (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty. (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade. (4) Boards of education of community college districts shall adopt rules for the administration of this section. (5) As used in this section, “member of the military” means a person who is a member of:
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(a) The Oregon National Guard or the National Guard of any other state or territory; or (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. [Formerly 341.531] 341.502 Credit for room, board, tuition and fees for student ordered to active duty; rules. (1)(a) The amount of the credit specified in ORS 341.499 (1)(b) shall be based on: (A) The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and (B) The amount of tuition and fees paid by the student for a course from which the student withdraws. (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws. (c) At the time a student withdraws from a course at a community college or from the community college, the student must elect to claim the credit: (A) As a credit toward tuition and fees or room and board if the student reenrolls at the community college under ORS 341.499 (1)(c); or (B) As a monetary payment. (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the community college from which the student withdraws. (3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty. (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the community college that the student died while serving on active duty. (5) Boards of education of community college districts shall adopt rules for the administration of this section, including rules that determine the amount of credit and the method by which the credit is prorated. [Formerly 341.532] 341.506 Credit for education and training received in Armed Forces. (1) The board of education of each community college district, in consultation with the Department of Veterans’ Affairs, shall develop standards for the community college of the district to implement to give credit for education and training obtained by a person while the person served in the Armed Forces of the United States, as defined in ORS 341.496. The community college must give credit for education and training that meets the standards adopted by the board. (2) The board of education of a community college district, in consultation with the Department of Veterans’ Affairs, shall develop methods for informing persons who served in the Armed Forces of the United States about how credit may be received as provided by subsection (1) of this section. [Formerly 341.533] 341.509 Tuition waiver for child, spouse or unremarried surviving spouse of service member. (1) As used in this section: (a) “Child” means a child, adopted child or stepchild of a service member. (b) “Community college” has the meaning given that term in ORS 341.005.
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(c) “Qualified student” means a child, a spouse or an unremarried surviving spouse of a service member. (d) “Service member” means a person who: (A) As a member of the Armed Forces of the United States, died on active duty; or (B) Was a member of the Armed Forces of the United States, was 100 percent disabled as the result of a military service connected disability and died as the result of that disability. (2) Subject to subsections (3) to (7) of this section, a community college shall waive tuition for a qualified student for courses that may lead to a certificate from a community college or to an associate degree. (3)(a) The maximum waiver granted under this section is the total number of credit hours that equals two years of full-time attendance at a community college. (b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a certificate from a community college or an associate degree. (4) A waiver may be granted under this section only for credit hours for courses that are offered by a community college and are available for enrollment, regardless of whether the qualified student attends the course and pays tuition. (5) Except as provided in subsection (7) of this section, a qualified student may receive a waiver under this section if the student: (a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at a community college; and (b) Has been admitted to a community college for a program leading to a certificate from a community college or an associate degree. (6) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for the waiver. (7) A qualified student is not eligible to receive a waiver under this section for any school year in which the student received a Marine Gunnery Sergeant John David Fry Scholarship under section 1002 of the Supplemental Appropriations Act of 2009 (P.L. 111-32). [2012 c.106 §12] Note: 341.509 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 342 — Teachers and Other School Personnel
2015 EDITION
TEACHERS AND OTHER SCHOOL PERSONNEL EDUCATION AND CULTURE LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS (Miscellaneous) 342.195 Teaching licenses based on experience in certain federal programs; rules
_______________ LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS (Miscellaneous) 342.195 Teaching licenses based on experience in certain federal programs; rules. (1) An otherwise qualified applicant for a preliminary teaching license shall be granted the license upon payment of the required fees and the showing by proof satisfactory to the Teacher Standards and Practices Commission that: (a) While the applicant was in the Peace Corps program or was a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), the applicant: (A) Completed two years of satisfactory service that emphasized teaching in any preprimary program or in any grade 1 through 12 in subjects regularly taught in public schools; and (B)(i) Has completed an approved educator preparation program; or (ii) Has earned at least a baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program; or (b) The applicant was a certified instructor for the Armed Forces of the United States, if the applicant provides the commission with documentation of military training or experience that the commission determines is substantially equivalent to the training required for a preliminary teaching license. (2)(a) The commission shall establish by rule an expedited process by which a military spouse or domestic partner who is licensed to teach in another state may apply for and obtain a teaching license. (b) As used in this subsection, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. [1967 c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13; 2012 c.43 §1a; 2013 c.351 §2; 2015 c.245 §16; 2015 c.647 §17]
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Chapter 348 — Student Aid; Education Stability Fund; Planning
2015 EDITION
STUDENT AID; STABILITY FUND; PLANNING SCHOLARSHIPS AND GRANTS 348.282 Definitions for ORS 348.282 and 348.283 348.283 Oregon Troops to Teachers program; rules 348.282 Definitions for ORS 348.282 and 348.283. As used in this section and ORS 348.283: (1) “Armed Forces of the United States” means: (a) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; (b) The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and (c) The Oregon National Guard and a National Guard of any other state or territory. (2) “Public post-secondary institution” means: (a) A public university listed in ORS 352.002; and (b) A community college operated under ORS chapter 341. (3) “Veteran” has the meaning given that term in ORS 408.225. [2005 c.831 §8; 2009 c.41 §17; 2011 c.637 §152; 2013 c.747 §95; 2013 c.768 §31] 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 Oregon Troops to Teachers program; rules. (1) There is established within the Higher Education Coordinating Commission the Oregon Troops to Teachers program. Through the program, the commission shall pay for all of the resident tuition charges of a veteran imposed by a public post-secondary institution, provided the veteran: (a) Was discharged from the Armed Forces of the United States; (b) Is a resident of Oregon or is exempted from paying nonresident tuition under ORS 352.287; and (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.
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(3) The commission shall adopt rules necessary for the implementation and administration of this section in consultation with the Department of Education and the public universities listed in ORS 352.002. [2005 c.831 §9; 2009 c.762 §64; 2011 c.637 §153; 2013 c.747 §96; 2013 c.768 §32; 2015 c.767 §113; 2015 c.846 §4] Note: The amendments to 348.283 by section 4, chapter 846, Oregon Laws 2015, first apply to the 2016-2017 academic year. See section 8, chapter 846, Oregon Laws 2015. The text that applies prior to the 2016-2017 academic year, including amendments by section 113, chapter 767, Oregon Laws 2015, is set forth for the user’s convenience. 348.283. (1) There is established within the Higher Education Coordinating Commission the Oregon Troops to Teachers program. Through the program, the commission shall pay for all of the resident tuition charges of a veteran imposed by a public post-secondary institution, provided the veteran: (a) Was discharged from the Armed Forces of the United States; (b) Is a resident of Oregon; and (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 public universities listed in ORS 352.002. Note: See note under 348.282.
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Chapter 350 — Statewide Coordination of Higher Education
2015 EDITION
STATEWIDE COORDINATION OF HIGHER EDUCATION EDUCATION AND CULTURE STUDENT POLICIES (Generally)
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350.265 Armed Forces recruitment on campuses; standards 350.270 Priority enrollment system for active or former member of Armed Forces or qualified
dependent of former member; conditions (Tuition) 350.285 Waiver of tuition for family members of deceased or disabled veterans or children of
Purple Heart recipients 350.290 Resident tuition and fees for nonresident students who served in Armed Forces or
international position Note: Sections 1 and 2, chapter 741, Oregon Laws 2015, provide: Sec. 1. (1) The Higher Education Coordinating Commission shall convene a work group to analyze and develop recommendations to address disparities in higher education within traditionally marginalized, underserved or underrepresented communities. (2) The work group established under subsection (1) of this section shall be composed of students, faculty, staff and administrators at public universities listed in ORS 352.002 and community colleges. The commission shall provide any staffing resources necessary for the work group to complete its analysis and recommendations. (3) The focus of the work group is on addressing through continuing education the disparities that currently exist in higher education for the following groups and subgroups: (a) People of color; (b) People with disabilities; (c) Individuals who are lesbian, gay, bisexual or transgender; (d) Nontraditional students; (e) First-generation college students; (f) Students who formerly served in the Armed Forces of the United States; and (g) People whose first language is not English. (4) The commission shall submit a report in the manner provided by ORS 192.245 detailing the analysis and recommendations required under this section to the interim legislative committees on higher education no later than June 30, 2016. [2015 c.741 §1] Sec. 2. Section 1 of this 2015 Act is repealed on December 31, 2017. [2015 c.741 §2] STUDENT POLICIES (Generally) 350.265 Armed Forces recruitment on campuses; standards. (1) As used in this section, “institution of higher education” means: (a) A public university listed in ORS 352.002; (b) A community college operated under ORS chapter 341; or (c) The Oregon Health and Science University. (2) An institution of higher education shall allow members and agents of the Armed Forces of the United States to recruit on a public campus and shall set standards for such recruitment
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that are the same as for all other employment recruitment activities allowed on the campus. [Formerly 351.296] 350.270 Priority enrollment system for active or former member of Armed Forces or qualified dependent of former member; conditions. (1) As used in this section: (a) “Active member of the Armed Forces of the United States” and “Armed Forces of the United States” have the meaning given those terms in ORS 352.313. (b) “Community college” has the meaning given that term in ORS 341.005. (c) “Qualified student” means a student who: (A) Is an active member of the Armed Forces of the United States or served in the Armed Forces of the United States; (B) If a former member of the Armed Forces of the United States, was relieved or discharged from that service with either an honorable discharge or a general discharge under honorable conditions; or (C) Is a student who receives veterans’ educational benefits as a federally qualified dependent of a person described in subparagraph (B) of this paragraph. (2) Subject to subsection (4) of this section, a public university listed in ORS 352.002 shall establish a priority enrollment system by which a qualified student is prioritized over nonqualified students for registration for enrollment at the public university. (3) A community college that has established a priority enrollment system is subject to subsection (4) of this section. (4) A priority enrollment system established pursuant to this section must, at a minimum, provide that a qualified student who has completed new student orientation requirements for enrollment has priority registration for enrollment over: (a) Qualified students who have not completed new student orientation requirements for enrollment; and (b) Persons who are not qualified students and who are registering for the first time for enrollment at a community college or public university listed in ORS 352.002. [2015 c.371 §1] Note: 350.270 applies only to qualified students applying as new or continuing students for enrollment at a community college or a public university on or after September 15, 2016. See section 2, chapter 371, Oregon Laws 2015. (Tuition) 350.285 Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients. (1) As used in this section: (a) “Child” means a child, adopted child or stepchild of either a service member or a Purple Heart recipient. (b) “Eligible post-secondary institution” means: (A) A public university listed in ORS 352.002; and (B) The Oregon Health and Science University. (c) “Purple Heart recipient” means a person, alive or deceased, who: (A) Was relieved or discharged from service in the Armed Forces of the United States with either an honorable discharge or a general discharge under honorable conditions; and
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(B) Was awarded the Purple Heart in 2001 or thereafter for wounds received in combat. (d) “Qualified student” means a child, a spouse or an unremarried surviving spouse of a service member or a child of a Purple Heart recipient. (e) “Service member” means a person who: (A) As a member of the Armed Forces of the United States, died on active duty; (B) As a member of the Armed Forces of the United States, died as a result of a military service connected disability; or (C) Is 100 percent disabled as the result of a military service connected disability, as certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States. (2) Subject to subsections (3) to (7) of this section, an eligible post-secondary institution shall waive tuition for a qualified student for courses that may lead to a baccalaureate degree or a master’s degree. A qualified student who received a tuition waiver for a baccalaureate degree may also qualify for a tuition waiver for a master’s degree. (3)(a) The maximum waiver granted under this section shall be as follows: (A) For a baccalaureate degree, the total number of credit hours that equals four years of full-time attendance at an eligible post-secondary institution. (B) For a master’s degree, the total number of credit hours that equals two years of full-time attendance at an eligible post-secondary institution. (b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a baccalaureate degree or a master’s degree. (4) A waiver may be granted under this section only for credit hours for courses that are offered by an eligible post-secondary institution and are available for enrollment. (5) A qualified student may receive a waiver under this section if the student: (a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at an eligible post-secondary institution; and (b) Has been admitted to an eligible post-secondary institution for a baccalaureate degree program or has been admitted to a master’s degree program at an eligible post-secondary institution. (6)(a) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for a waiver. (b) Notwithstanding paragraph (a) of this subsection, a child who is older than 23 years of age is eligible for a waiver for a master’s degree if the child: (A) Applied for and received a waiver for a baccalaureate degree when the child was 23 years of age or younger; and (B) Applied for a waiver for a master’s degree within 12 months of receiving a baccalaureate degree. (7)(a) The amount of tuition waived under this section may be reduced by the amount of any federal aid scholarships or grants, awards from the Oregon Opportunity Grant program established under ORS 348.205, or any other aid from the eligible post-secondary institution, received by the qualified student. (b) The amount of tuition waived under this section may not be reduced by the amount of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to a qualified student. [Formerly 351.656]
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350.290 Resident tuition and fees for nonresident students who served in Armed Forces or international position. (1) A public university listed in ORS 352.002 or a community college shall charge an enrolled student who is not a resident of this state and who is attending classes as an undergraduate or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student: (a)(A) Served in the Armed Forces of the United States; (B) Was relieved or discharged from that service with either an honorable discharge or a general discharge under honorable conditions; and (C) Provides proof that the student has established a physical presence in Oregon within 12 months of being enrolled at the public university or community college; (b) Was a resident of Oregon who left the state within the previous five years in order to serve, and who subsequently served, in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization; or (c)(A) Was a resident of Oregon who left the state more than five years ago in order to serve, and who subsequently served, in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization; and (B) Since leaving the state in the manner provided in subparagraph (A) of this paragraph, has never established residence in another state. (2) A person who served in the Armed Forces of the United States or in an international position with the state, federal government or a humanitarian aid organization and who receives federal tuition benefits in excess of the tuition and fees the person is charged under subsection (1) of this section at a public university listed in ORS 352.002 or a community college where the person is enrolled shall pay tuition and fees equal to the federal tuition benefits received. (3) Distance education and self-support courses as identified by each public university listed in ORS 352.002 and community college are exempt from the tuition reduction provisions of this section. (4) If a nonresident student otherwise eligible for tuition benefits under this section is receiving federal vocational rehabilitation education benefits, that student shall pay full nonresident tuition and fees charged by a public university listed in ORS 352.002 or a community college. [Formerly 352.375]
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Chapter 352 — Public Universities
2015 EDITION
PUBLIC UNIVERSITIES EDUCATION AND CULTURE (Generally) 352.033 Status of university with a governing board
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(Administration) 352.138 Applicability of laws to universities with a governing board (Student Policies) 352.293 Rights of student ordered to active duty; standards 352.296 Credit for room, board, tuition and fees for student ordered to active duty; standards 352.309 Credit for education and training received while in Armed Forces; standards 352.313 Status of members of Armed Forces and certain federal agencies; spouses and
children PUBLIC UNIVERSITY GOVERNANCE (Generally) 352.033 Status of university with a governing board. A university with a governing board is a governmental entity performing governmental functions and exercising governmental powers. A university with a governing board is not considered a unit of local or municipal government or a state agency, board, commission or institution for purposes of state statutes or constitutional provisions. [2013 c.768 §2a] (Administration) 352.138 Applicability of laws to universities with a governing board. (1) The following entities are not subject to any provision of law enacted after January 1, 2013, that is unique to governmental entities unless the following entities are expressly named: (a) A university with a governing board; and (b) Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a university with a governing board and if the organization or entity is created by the university to advance any of the university’s statutory missions. (2) Notwithstanding subsection (1) of this section and ORS 352.033, the provisions of ORS 30.260 to 30.460, 33.710, 33.720, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 279.835, 279.840, 279.850 and 297.040 and ORS chapters 35, 190, 192 and 244 apply to a university with a governing board under the same terms as they apply to public bodies other than the state. (3) Except as otherwise provided by law, the provisions of ORS 35.550 to 35.575, 180.060, 180.210 to 180.235, 184.305 to 184.345, 190.480, 190.490, 200.035, 243.696, 357.805 to 357.895 and 656.017 (2) and ORS chapters 182, 183, 240, 270, 273, 276, 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 294, 295 and 297 do not apply to a university with a governing board.
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(4)(a) Notwithstanding subsections (1) and (3) of this section and ORS 352.033, ORS 240.167, 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.827, 279C.830, 279C.835, 279C.836, 279C.838, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870 and 292.043 apply to a university with a governing board under the same terms as they apply to public bodies other than the state. (b) Notwithstanding subsections (1) and (3) of this section, ORS 279C.800 to 279C.870 apply to an agreement under the terms of which a private entity constructs, reconstructs, renovates or paints an improvement on real property owned by a university with a governing board or by a not-for-profit organization or other entity that a university with a governing board owns or controls exclusively. (5) Notwithstanding subsection (2) of this section, ORS 190.430 and 192.105 do not apply to a university with a governing board or any organization or other entity described in subsection (1) of this section. (6) Notwithstanding ORS 352.033, except as set forth in subsection (3) of this section, ORS 243.650 to 243.782 and 276.073 to 276.090 and ORS chapters 238 and 238A apply to a university with a governing board under the same terms as they apply to the state. (7) ORS 350.285, 350.290, 352.198, 352.226, 352.232, 352.293, 352.296, 352.303, 352.309 and 352.313 apply to a university with a governing board. (8) Notwithstanding ORS 352.033, a university with a governing board and its agents and employees remain subject to all statutes and administrative rules of this state that create rights, benefits or protections in favor of military veterans, service members and families of service members to the same extent as an agency of this state would be subject to such statutes and administrative rules. (9) Notwithstanding ORS 352.033, ORS 350.540, 350.545 and 350.550 apply to a university with a governing board. A university with a governing board may not issue a tax credit certificate under ORS 350.540, 350.545 and 350.550 that will cause the public universities listed in ORS 352.002 to owe the General Fund more than $6 million at any one time under ORS 350.540, 350.545 and 350.550. (10) If state bonds are issued for the benefit of a university with a governing board under Article XI-Q of the Oregon Constitution: (a) The Higher Education Coordinating Commission shall have the powers and duties of a project agency, as defined in ORS 286A.816, to the extent necessary for the issuance of the state bonds and the administration of the proceeds of the state bonds; and (b) The university and the Higher Education Coordinating Commission shall enter into grant contracts or loan agreements that comply with rules adopted by the Oregon Department of Administrative Services relating to: (A) Disbursement of project funds by a project agency through grant contracts or loan agreements; (B) Submission of a request for project funds to the commission under ORS 350.095; and (C) Any other matters determined by the Oregon Department of Administrative Services to be necessary for the administration of the Article XI-Q bond program. (11) Nothing in this section may be construed so that statutory provisions that are not set forth in this section apply to a university with a governing board. [2013 c.768 §16; 2013 c.722 §80; 2013 c.768 §179; 2014 c.113 §6; 2014 c.121 §17; 2015 c.209 §1; 2015 c.767 §22; 2015 c.828 §23]
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(Student Policies) 352.293 Rights of student ordered to active duty; standards. (1) A student at a public university listed in ORS 352.002 who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights: (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to: (A) Withdraw from the course, subject to the provisions of subsection (2) of this section; (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the practice of the public university for completion of incomplete courses; or (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section; (b) The right to a credit described in ORS 352.296 for all amounts paid for room, board, tuition and fees; (c) If the student elects to withdraw from the public university, the right to be readmitted and reenrolled at the public university within one year after release from active duty without a requirement of redetermination of admission eligibility; and (d) The right to continuation of scholarships and grants awarded to the student that were funded by the public university or the Higher Education Coordinating Commission before the student was ordered to active duty. (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the public university may not: (a) Give the student academic credit for the course from which the student withdraws; (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or (c) Alter the student’s grade point average due to the student’s withdrawal from the course. (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions: (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class. (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty. (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade. (4) The Higher Education Coordinating Commission and the governing board of a public university listed in ORS 352.002 shall adopt standards for the administration of this section. (5) As used in this section, “member of the military” means a person who is a member of: (a) The Oregon National Guard or the National Guard of any other state or territory; or (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. [Formerly 351.643]
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352.296 Credit for room, board, tuition and fees for student ordered to active duty; standards. (1)(a) The amount of the credit specified in ORS 352.293 (1)(b) shall be based on: (A) The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and (B) The amount of tuition and fees paid by the student for a course from which the student withdraws. (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws. (c) At the time a student withdraws from a course at a public university listed in ORS 352.002 or from the public university, the student must elect to claim the credit: (A) As a credit toward tuition and fees or room and board if the student reenrolls at the public university under ORS 352.293 (1)(c); or (B) As a monetary payment. (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the public university from which the student withdraws. (3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty. (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the public university that the student died while serving on active duty. (5) The governing board of a public university listed in ORS 352.002 shall adopt standards for the administration of this section, including standards setting the amount of credit and the method by which the credit is prorated. [Formerly 351.644] 352.309 Credit for education and training received while in Armed Forces; standards. A public university listed in ORS 352.002 shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 352.313. The education and training for which credit may be given must meet the standards adopted by the Higher Education Coordinating Commission or the governing board of a public university listed in ORS 352.002. [Formerly 351.646] 352.313 Status of members of Armed Forces and certain federal agencies; spouses and children. (1) As used in this section: (a) “Active member of the Armed Forces of the United States” includes officers and enlisted personnel of the Armed Forces of the United States who: (A) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state; (B) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or (C) Reside in another state or a foreign country and establish Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty. (b) “Armed Forces of the United States” includes:
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(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; (B) Reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and (C) The National Guard of the United States and the Oregon National Guard. (c) “Dependent children” includes any children of an active member of the Armed Forces of the United States, of an active member of the commissioned corps of the National Oceanic and Atmospheric Administration or of a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, who: (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or (B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the member for over one-half of their support. (2) Active members of the Armed Forces of the United States, active members of the commissioned corps of the National Oceanic and Atmospheric Administration and members of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States, and their spouses and dependent children, are considered residents of this state for the purpose of admission and for the purpose of determining fees and tuition to be paid by such individuals while attending any public university listed in ORS 352.002. (3) The governing board of a public university listed in ORS 352.002 may contract with the Armed Forces of the United States to furnish educational service to active members of the Armed Forces of the United States. (4) The governing board shall determine the number of such students that should be accepted and shall make final decisions on admission of individual applicants. (5) Students attending the public universities under contracts with the Armed Forces of the United States under this section shall pay fees and tuition customarily charged Oregon students. (6) Payments made by the Armed Forces of the United States under such contracts shall be deposited in a designated account in the same manner that fees and tuition payments for resident students are deposited and credited. [Formerly 351.642]
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Chapter 353 — Oregon Health and Science University
2015 EDITION
OREGON HEALTH AND SCIENCE UNIVERSITY EDUCATION AND CULTURE AUTHORITY AND DUTIES (Generally)
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353.130 Public contracts (Students) 353.200 Rights of students ordered to active duty; rules 353.202 Credit for room, board, tuition and fees for students ordered to active duty; rules 353.205 Credit for education and training received while serving in Armed Forces; rules AUTHORITY AND DUTIES (Generally) 353.130 Public contracts. The Oregon Health and Science University subscribes to the policy set forth under ORS 279A.015 regarding public contracting, and shall develop contract policies that support openness, impartiality and competition in the awarding of contracts in accordance with that provision. The university subscribes to the intent of the social policies of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C and shall develop contract policies that are appropriate to the university and are designed to encourage affirmative action, recycling, inclusion of art in public buildings, the purchase of services and goods from individuals with disabilities, the protection of workers through the payment of prevailing wages as determined by the Bureau of Labor and Industries, the provision of workers’ compensation insurance to workers on contracts and the participation of minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses, as those terms are defined in ORS 200.005. [1995 c.162 §16; 2003 c.794 §264; 2007 c.70 §149; 2015 c.565 §21] (Students) 353.200 Rights of students ordered to active duty; rules. (1) A student at the Oregon Health and Science University who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights: (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to: (A) Withdraw from the course, subject to the provisions of subsection (2) of this section; (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the practice of the university for completion of incomplete courses; or (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section; (b) The right to a credit described in ORS 353.202 for all amounts paid for room, board, tuition and fees;
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(c) If the student elects to withdraw from the university, the right to be readmitted and reenrolled at the university within one year after release from active duty without a requirement of redetermination of admission eligibility; and (d) The right to continuation of scholarships and grants awarded to the student that were funded by the university or the Higher Education Coordinating Commission before the student was ordered to active duty. (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the university may not: (a) Give the student academic credit for the course from which the student withdraws; (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or (c) Alter the student’s grade point average due to the student’s withdrawal from the course. (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions: (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class. (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty. (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade. (4) The Oregon Health and Science University Board of Directors shall adopt rules for the administration of this section. (5) As used in this section, “member of the military” means a person who is a member of: (a) The Oregon National Guard or the National Guard of any other state or territory; or (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. [2005 c.170 §8; 2005 c.836 §17; 2011 c.637 §257; 2012 c.106 §9; 2013 c.747 §152] 353.202 Credit for room, board, tuition and fees for students ordered to active duty; rules. (1)(a) The amount of the credit specified in ORS 353.200 (1)(b) shall be based on: (A) The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and (B) The amount of tuition and fees paid by the student for a course from which the student withdraws. (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws. (c) At the time a student withdraws from a course at the Oregon Health and Science University or from the university, the student must elect to claim the credit: (A) As a credit toward tuition and fees or room and board if the student reenrolls at the university under ORS 353.200 (1)(c); or (B) As a monetary payment. (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the university.
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(3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty. (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the university that the student died while serving on active duty. (5) The Oregon Health and Science University Board of Directors shall adopt rules for the administration of this section, including rules that determine the amount of credit and the method by which the credit is prorated. [2005 c.170 §9] 353.205 Credit for education and training received while serving in Armed Forces; rules. The Oregon Health and Science University shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 352.313. The education and training for which credit may be given must meet the standards adopted by the Oregon Health and Science University Board of Directors by rule. [2005 c.518 §5]
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TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter 366. State Highways and State Highway Fund 390. State and Local Parks; Recreation Programs; Scenic Waterways; Recreation
Trails
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Chapter 366 — State Highways and State Highway Fund
2015 EDITION
STATE HIGHWAYS AND STATE HIGHWAY FUND HIGHWAYS, ROADS, BRIDGES AND FERRIES MISCELLANEOUS PROVISIONS 366.916 Vietnam Veterans Memorial Highway 366.917 World War II Veterans Historic Highway 366.922 Warm Springs Veterans Memorial Highway 366.924 Veterans memorial highways 366.931 Roadside memorial signs; Armed Forces of the United States; fees; rules GENERAL PROVISIONS MISCELLANEOUS PROVISIONS 366.916 Vietnam Veterans Memorial Highway. (1) The portion of Interstate 84, beginning where it intersects with Interstate 5 in Portland and ending at the Idaho state line, shall also be known as the Vietnam Veterans Memorial Highway. (2) The Department of Transportation shall place and maintain suitable markers along the highway described in this section that indicate the designation of the highway as the Vietnam Veterans Memorial Highway. (3)(a) The department may accept moneys from and may enter into agreements with veterans groups to create, install and maintain the markers. (b) The department may not use public funds for the installation and maintenance of the markers. [2013 c.39 §1]
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Note: 366.916 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 366.917 World War II Veterans Historic Highway. (1)(a) The portion of U.S. Highway 97, known as The Dalles-California Highway, crossing the State of Oregon, beginning at the California state line and ending at the Washington state line, shall also be known as the World War II Veterans Historic Highway. (b) The portion of State Highway No. 126 from U.S. 97 to Prineville-Crook County Airport shall be known as the World War II Veterans Historic Highway. (2) The Department of Transportation shall place and maintain suitable markers along the highways described in this section indicating the designation of each highway as the World War II Veterans Historic Highway and indicating proximity to local World War II military sites. (3)(a) The department may accept moneys from and may enter into agreements with veterans groups to create, install and maintain the markers. (b) The department may not use public funds for the installation and maintenance of the markers. [2009 c.265 §2] 366.922 Warm Springs Veterans Memorial Highway. (1) The portion of U.S. Highway 26 within the Warm Springs Reservation shall be known as the Warm Springs Veterans Memorial Highway. (2) The Department of Transportation shall place and maintain suitable markers along the highway described in this section that indicate the designation of the highway as the Warm Springs Veterans Memorial Highway. (3)(a) The department may accept moneys from, and may enter into agreements with, veterans groups to create, install and maintain the markers. (b) The department may not use public funds for the installation and maintenance of the markers. [2014 c.86 §1] Note: 366.918 to 366.934 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 366.924 Veterans memorial highways. (1) The portion of U.S. Highway 395, crossing the State of Oregon, beginning at the California state line and ending at the Washington state line, shall also be known as the World War I Veterans Memorial Highway. (2) The portion of Interstate 5, crossing the State of Oregon, beginning at the California state line and ending at the Washington state line, shall also be known as the Korean War Veterans Memorial Highway, and as the Purple Heart Trail. (3) The portion of U.S. Highway 101, crossing the State of Oregon, beginning at the California state line and ending at the Washington state line, shall also be known as the Persian Gulf, Afghanistan and Iraq Veterans Memorial Highway. (4) The Department of Transportation shall place and maintain suitable markers along each highway described in this section to indicate the designation of each highway. (5)(a) The department may accept moneys from and may enter into agreements with veterans groups to create, install and maintain the markers.
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(b) The department may not use public funds for the installation and maintenance of the markers. [2015 c.123 §1] 366.931 Roadside memorial signs; Armed Forces of the United States; fees; rules. (1) As used in this section, “Armed Forces of the United States” has the meaning given that term in ORS 348.282. (2) To recognize and honor those who were killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States, the Department of Transportation shall erect and maintain a Fallen Hero roadside memorial sign if: (a) The Legislative Assembly adopts a concurrent resolution that recognizes the individual killed in the line of duty; and (b) The department receives the payment of a fee determined by the department under subsection (3) of this section. (3) The department shall determine the amount of the fee required under subsection (2)(b) of this section by rule. The fee may not exceed the direct and indirect expenses associated with erecting, maintaining and removing a roadside memorial sign. (4) The department shall deposit the fees that the department collects under this section into the Roadside Memorial Fund established under ORS 366.932. (5) A public body, as defined in ORS 174.109, may not expend moneys for the purpose of paying the fee required under this section. (6) The department, by rule, shall establish the size, design and location of a roadside memorial sign erected under this section. The sign must include the name of the individual the sign is recognizing. [2013 c.381 §1 and 2013 c.391 §2; 2015 c.47 §1]
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Chapter 390 — State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails
2015 EDITION
PARKS; RECREATION; WATERWAYS; TRAILS STATE PARKS AND RECREATION DEPARTMENT (Generally) 390.124 Commission rulemaking authority; charges for use of parks and other areas;
exceptions 390.180 Standards for recreational planning and fund disbursement; rules; park master plans
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STATE PARKS AND RECREATION DEPARTMENT (Generally) 390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions. (1) In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commission. (2) The commission may adopt rules that assess reasonable charges for the use of areas established and maintained by the department. The department may also adopt rules establishing reductions in waivers of or exemption from the charges. However, the commission shall authorize the use of any state park, individual campsite or day use fee area without charge: (a) Upon the showing of proper identification, by a person maintaining a foster home, as defined by ORS 418.625, and the person’s children, when accompanied by a foster child residing in the home. (b) Upon the showing of proper identification, by a person maintaining a developmental disability child foster home, as defined by ORS 443.830, and the person’s children, when accompanied by a foster child residing in the home. (c) If a deed to, lease of or contract to use the property used as a state park, campsite or day use fee area prohibits the charging of fees for use of the property. (d) Upon the showing of proper identification, by either a disabled veteran or a person on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. (3) The commission shall adopt any rules pursuant to ORS chapter 183 that the commission considers necessary to carry out ORS 273.563 to 273.591. [1989 c.904 §§10,10a; 1991 c.67 §93; 1999 c.316 §7; 2003 c.519 §1; 2011 c.319 §19; 2012 c.107 §23] 390.180 Standards for recreational planning and fund disbursement; rules; park master plans. (1) The State Parks and Recreation Director shall adopt rules that: (a) Establish the standards the State Parks and Recreation Department shall use when that department: (A) Performs comprehensive statewide recreational planning; or (B) Disburses any moneys to regional or local governments or other state agencies under programs established under state or federal law. (b) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments. (c) Establish a master plan for each state park, including an assessment of resources and a determination of the capacity for public use and enjoyment of each park, that the State Parks and Recreation Department shall follow in its development and use of each park. (d) Make state funding assistance available to regional or local governments that demonstrate cooperation with nonprofit veterans’ organizations for the construction and restoration of memorials honoring veterans and war memorials located on public property.
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(2) The State Parks and Recreation Director shall submit an adopted state park master plan to the local government with land use planning responsibility for the subject park. [1979 c.637 §1; 1987 c.158 §67; 1997 c.604 §1; 2005 c.398 §1; 2011 c.643 §6]
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TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES Chapter 396. Militia Generally 398. Military Justice 399. Organized Militia 401. Emergency Management and Services 402. Emergency Mutual Assistance Agreements 403. Emergency Communications System; 2-1-1 System; Public Safety
Communications Systems 404. Search and Rescue
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Chapter 396 — Militia Generally
2015 EDITION
MILITIA GENERALLY MILITARY AFFAIRS; EMERGENCY SERVICES GENERAL PROVISIONS 396.015 Definitions 396.025 Purposes; rules of construction 396.035 Construction against implied repeal 396.045 Severability; conflicts COMPOSITION; COMMAND AND STAFF OFFICERS 396.105 Militia comprised of organized and unorganized militia 396.115 Persons exempt from militia service 396.117 Prohibition on active federal service of sibling of person killed while in military;
exceptions 396.120 Authority to administer oaths 396.125 Governor as Commander in Chief; military regulations; conflict with state law
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396.128 Operation of regulations adopted by Adjutant General; conflict with state law; Oregon Code of Military Justice
396.130 Service of organized militia outside state 396.135 Militia call by United States 396.140 Registration of unorganized militia; failure to appear 396.145 Military staff of Governor; Military Council 396.150 Adjutant General; appointment and tenure; qualifications; grade 396.155 Adjutant General; compensation; bond; traveling expenses 396.160 Adjutant General; duties 396.165 Assistant Adjutants General 396.170 Acting Adjutant General 396.175 United States Property and Fiscal Officer OREGON MILITARY DEPARTMENT 396.305 Oregon Military Department; duties and functions 396.310 Enumeration of duties not exclusive 396.315 Adjutant General as director of department 396.320 Organization of department 396.325 Army and air technicians as federal employees 396.330 Employees of military department; civil service status; conditions of employment;
application of civil service and employment laws 396.332 Authority of Oregon Military Department to require fingerprints for criminal records
check 396.335 Drawing warrants 396.340 Receipt and disposition of certain federal moneys 396.345 Disposition of receipts generally
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396.355 Property loss incident to activities of organized militia 396.360 Department programs for at-risk youth; policies and procedures 396.362 Oregon Military Emergency Financial Assistance Program 396.364 Oregon Military Emergency Financial Assistance Fund 396.375 Report to legislature on military cultural barriers ARMORIES, CAMPS AND OTHER PROPERTY 396.505 Definition of “armory” for ORS 396.505 to 396.545 396.510 Control of armories and camps; care of property 396.515 Sale, exchange or lease of military department property 396.520 Applicability of laws governing sale, exchange or lease of military department
property generally 396.525 Military Department Construction Account; disposition of moneys received from sale
of real property 396.530 Location of new armories; title to armories and grounds 396.535 Acquisition of property for military use; payment for use of property 396.540 Use of armories 396.545 Leases and agreements for use of armories 396.555 Oregon Military Museum established at Camp Withycombe 396.560 Grants and donations for Oregon Military Museum 396.565 Disposal of property MISCELLANEOUS 396.595 Military Family Appreciation Day 396.600 Task Force on Military Families 396.010 [Repealed by 1961 c.454 §213]
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GENERAL PROVISIONS 396.015 Definitions. The terms “unorganized militia,” “all or any part of the organized militia,” and “organized militia or any force thereof,” whenever used in this chapter and ORS chapters 398 and 399, unless a different meaning is plainly required by the context, shall be deemed to include any unit, command, component, element, headquarters, staff or cadre thereof as well as any member thereof. [1961 c.454 §5(4)] 396.020 [Repealed by 1961 c.454 §213] 396.025 Purposes; rules of construction. (1) It is the intent of this chapter and ORS chapters 398 and 399 to provide for the Oregon Military Department and for the State Militia and for the organization, equipment, regulation and use thereof. (2) All matters relating to the organization, discipline and government of the organized militia, not otherwise provided for in this chapter and ORS chapters 398 and 399 or in military department regulations issued pursuant thereto, shall be decided by the customs and usage of the appropriate force or forces of the Armed Forces of the United States. [1961 c.454 §1; 1989 c.360 §2] 396.030 [Repealed by 1961 c.454 §213] 396.035 Construction against implied repeal. This chapter and ORS chapters 398 and 399 being a general law intended as a unified coverage of its subject matter, no part of them shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [1961 c.454 §2] 396.040 [Repealed by 1961 c.454 §213] 396.045 Severability; conflicts. (1) If any clause, sentence, paragraph or part of this chapter and ORS chapters 398 and 399 or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and ORS chapters 398 and 399, and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent that this chapter and ORS chapters 398 and 399 would have been adopted had such invalid provisions not been included. (2) In so far as the provisions of this chapter and ORS chapters 398 and 399 are inconsistent with the provisions of any other Act, general or special, or of any local law, the provisions of this chapter and ORS chapters 398 and 399 shall be controlling. [1961 c.454 §§3,4] 396.050 [Repealed by 1961 c.454 §213] 396.060 [Repealed by 1961 c.454 §213]
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396.070 [Repealed by 1961 c.454 §213] 396.080 [Repealed by 1961 c.454 §213] 396.090 [Repealed by 1961 c.454 §213] 396.100 [Repealed by 1961 c.454 §213] COMPOSITION; COMMAND AND STAFF OFFICERS 396.105 Militia comprised of organized and unorganized militia. (1) The militia of the state shall be divided into the organized militia and the unorganized militia. (2) The organized militia shall be composed of the Oregon Army National Guard and the Oregon Air National Guard, which forces together with an inactive National Guard shall comprise the Oregon National Guard; the Oregon State Defense Force whenever such a state force shall be duly organized; and such additional forces as may be created by the Governor. (3) The unorganized militia shall consist of all able-bodied residents of the state between the ages of 18 and 45 who are not serving in any force of the organized militia or who are not on the state retired list and who are or who have declared their intention to become citizens of the United States; subject, however, to such exemptions from military duty as are created by the laws of the United States. [1961 c.454 §5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3] 396.110 [Repealed by 1961 c.454 §213] 396.115 Persons exempt from militia service. The following persons shall be exempt from militia service: (1) Persons exempt from militia service by the laws of the United States. (2) Regular or duly ordained ministers of religion, or duly elected church officials regularly conducting church services, or those recognized by their church as devoting the major portion of their time to the practice of religion. (3) Students preparing for the ministry in accredited theological or divinity schools. (4) Persons whose religious tenets or conscientious scruples forbid them to bear arms. [1961 c.454 §18] 396.117 Prohibition on active federal service of sibling of person killed while in military; exceptions. (1) If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of: (a) The determination by the chain of command that placement or retention of the servicemember in the unit is a military necessity to accomplish the unit’s mission; or (b) The servicemember’s request for active federal service with the unit, completed in a manner that complies with Oregon National Guard regulations.
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(2) The Oregon Military Department shall adopt regulations as necessary to carry out the provisions of this section. (3) This section does not require action by the Oregon National Guard that is contrary to federal law or regulations, or that degrades the readiness of the Oregon National Guard to perform federal or state missions. [2011 c.395 §1] Note: 396.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 396.120 Authority to administer oaths. (1) The following persons of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before those persons who shall have the general powers of a notary public: (a) The State Judge Advocate and all Assistant State Judge Advocates. (b) All law specialists. (c) All summary courts-martial. (d) All adjutants, assistant adjutants, acting adjutants, personnel adjutants and other persons of equivalent responsibility who may be assigned a different position title by their respective force. (e) All legal officers. (f) The president, law officer, trial counsel and assistant trial counsel for all general and special courts-martial. (g) The president and the counsel for the court of any court of inquiry. (h) All officers designated to take a deposition. (i) All persons detailed to conduct an investigation. (j) All other persons designated by military department regulations issued by the Governor. (2) The signature without seal of any such person, together with the title of office, is prima facie evidence of authority. [1961 c.454 §198] 396.125 Governor as Commander in Chief; military regulations; conflict with state law. (1) The Governor of this state, by virtue of office, is the Commander in Chief of the militia of this state, and may issue military regulations for the governance of the militia. Military regulations issued by the Governor shall have the full force and effect of law. To the extent a regulation issued under this section conflicts with any other law of this state, the regulation shall supersede the conflicting law. (2) In issuing regulations under this section, the Governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and ORS chapters 398 and 399 and to the laws and regulations governing the United States Army and United States Air Force. (3) The Governor may delegate to the Adjutant General authority to issue the regulations described in this section for the governance of the militia. [1961 c.454 §6; 2005 c.512 §1; 2013 c.81 §1] 396.128 Operation of regulations adopted by Adjutant General; conflict with state law; Oregon Code of Military Justice. (1) If the Adjutant General issues regulations for the
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governance of the organized militia as provided under ORS 396.125, the Adjutant General shall specify in the regulations a date on which the regulations become operative for the purposes of all conduct subject to the regulations occurring on or after the specified date. To the extent a regulation issued under this section conflicts with a provision of this chapter, ORS chapter 398 or 399 or any other law of this state, the regulation shall supersede the conflicting provision or law. (2) Regulations issued by the Adjutant General under this section and ORS 396.125 that have become operative shall be known and cited as “the Oregon Code of Military Justice.” [2005 c.512 §47; 2013 c.81 §2] Note: 396.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 396.130 Service of organized militia outside state. (1) The Governor may order the organized militia or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools. (2) The provisions of this chapter and ORS chapters 398 and 399 shall apply to the members of the organized militia while serving without the state and while going to and returning from such service without the state in like manner and to the same extent as while serving within the state. [1961 c.454 §15] 396.135 Militia call by United States. When the militia of the state or any part thereof is called forth under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary, and if the number available is insufficient the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or the Governor may direct the members of the unorganized militia or such of them as the Governor may deem necessary to be drafted into the organized militia. [1961 c.454 §16] 396.140 Registration of unorganized militia; failure to appear. (1) Whenever the Governor deems it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399. (2) Any member of the unorganized militia who is ordered to register under the provisions of this section or to be drafted into the organized militia under ORS 396.135, and who fails to appear at the time and place designated in such order, shall be guilty of a misdemeanor. [1961 c.454 §17] 396.145 Military staff of Governor; Military Council. (1) The military staff of the Governor shall consist of the Chief of Staff to the Governor, the Military Council and such personal aides-de-camp as the Governor shall deem necessary. (2) The Adjutant General shall be Chief of Staff to the Governor.
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(3) The Military Council hereby is established as an advisory board to the Governor for the purpose of advising the Governor in all matters of military interest to the state. It shall consist of the Adjutant General and not fewer than 6 nor more than 10 officers of the Oregon National Guard selected for their knowledge of the service. The Oregon Army National Guard and the Oregon Air National Guard shall be represented on the Military Council in proportion to their total strength. (4) Personal aides-de-camp to the Governor may be selected from the commissioned officers of the Oregon National Guard or from reserve officers of the Armed Forces of the United States who are residents of Oregon and who are not serving on extended active duty. Officers detailed under this section shall not be relieved from their ordinary duties except when actually on duty with the Governor. (5) The military staff of the Governor shall, in addition to its other duties, perform such ceremonial functions and duties as the Governor may prescribe. [1961 c.454 §7; 2005 c.512 §4] 396.150 Adjutant General; appointment and tenure; qualifications; grade. (1) The Governor shall appoint an Adjutant General who shall hold office for a four-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an Adjutant General continues until its prescribed expiration date while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States. Voluntary entry onto extended active duty by a person holding the office of Adjutant General is an automatic resignation of such officer. (2) A person is eligible for appointment to the office of Adjutant General if the person is an officer of the Oregon National Guard, federally recognized in the grade of lieutenant colonel or higher, and has completed at least six years’ service in the Oregon National Guard as a federally recognized officer. (3) The Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of lieutenant general. If appointed in a lower grade, the Adjutant General may be promoted by the Governor to any grade not exceeding that of lieutenant general. [1961 c.454 §8; 2009 c.434 §1] 396.155 Adjutant General; compensation; bond; traveling expenses. (1) The Adjutant General shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor. (2) Before entering upon the duties of office, the Adjutant General shall give to the state a fidelity bond in such penal sum as may be fixed by law or, if not so fixed, as may be fixed by the Governor, with a corporate surety who is authorized to do business in this state. The premium for such bond shall be paid by the military department. (3) The Adjutant General shall be reimbursed for actual and necessary traveling expenses. [1961 c.454 §9] 396.160 Adjutant General; duties. (1) The Adjutant General shall be the Director of the Oregon Military Department, and Chief of Staff to the Governor. The Adjutant General shall be the Commander of the Oregon National Guard. (2) The Adjutant General shall be charged, under the direction of the Governor, with the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Oregon National Guard and the Oregon State Defense Force.
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(3) The Adjutant General shall perform all duties required by the laws of the United States and of the State of Oregon, and the regulations issued thereunder, now or hereafter promulgated. (4) The Adjutant General may employ such deputies, assistants and other personnel as the Adjutant General shall deem necessary to assist the Adjutant General in the performance of those duties required of the Adjutant General as Director of the Oregon Military Department. The Adjutant General shall fix the compensation of such deputies, assistants and other personnel in accordance with then existing state laws, budgetary restrictions and employment policies. (5) The Adjutant General shall supervise the preparation and submission of all returns and reports pertaining to the militia of the state as may be required by the United States. (6) The Adjutant General shall be the channel of official military correspondence with the Governor, and shall, on or before November 1 of each year, make a report to the Governor of the transactions, expenditures and condition of the Oregon National Guard. The report shall include the report of the United States Property and Fiscal Officer. (7) The Adjutant General shall be the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in the office of the Adjutant General. The Adjutant General may deposit with the State Archivist for safekeeping in the official custody, records of the office of the Adjutant General that are used for historical purposes rather than the administrative purposes assigned to the office of the Adjutant General by law. (8) The Adjutant General shall attest and record all military commissions issued by the Governor and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces. (9) The Adjutant General shall record, authenticate and communicate to troops and individuals of the militia all orders, instructions and regulations. (10) The Adjutant General shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training thereof or to carry into effect the provisions of this chapter and ORS chapters 398 and 399. (11) The Adjutant General shall have an appropriate seal of office and affix its impression to all certificates of record issued from the office of the Adjutant General. (12) The Adjutant General shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the Governor. (13) The Adjutant General shall, in time of peace, perform the duties of quartermaster general and chief of ordnance. (14) The Adjutant General may issue regulations as described in ORS 396.125 (1) if authority is delegated to the Adjutant General by the Governor. [1961 c.454 §10; 1989 c.360 §3; 1989 c.361 §3; 2001 c.104 §137; 2005 c.512 §2] 396.165 Assistant Adjutants General. (1) The Adjutant General may appoint three Assistant Adjutants General, two from the Army National Guard of Oregon and one from the Air National Guard of Oregon who shall serve at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. Voluntary entry onto extended active duty by a person holding the office of Assistant Adjutant General shall be deemed automatic resignation of such officer. (2) To be eligible for appointment to the office of Assistant Adjutant General, a person must be an officer of the Oregon National Guard, federally recognized in the grade of lieutenant
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colonel or higher, and must have completed at least six years service in the Oregon National Guard as a federally recognized officer. (3) An Assistant Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. An Assistant Adjutant General may be promoted by the Governor to any grade not exceeding that of brigadier general, to serve in such grade only upon receipt of federal recognition therein. (4) The Assistant Adjutants General shall perform such duties as may be assigned by the Adjutant General. (5) An Assistant Adjutant General shall be compensated at a rate determined by the Oregon Department of Administrative Services. (6) In any absence of the Adjutant General caused by death or other inability to perform the duties of the office, the Governor or the Adjutant General may designate an Assistant Adjutant General to be the Acting Adjutant General. Except when the Governor or the Adjutant General designates another of the Assistant Adjutants General to be the Acting Adjutant General, the Assistant Adjutant General senior in military grade shall assume the responsibilities and powers and perform all the duties required of the Adjutant General, and shall be Acting Adjutant General. An officer serving as Acting Adjutant General under this section shall continue to receive the salary authorized for an Assistant Adjutant General, when the officer is a state employee, but shall otherwise receive the salary authorized for the Adjutant General. The Acting Adjutant General shall serve until the Adjutant General is again able to perform the duties of the office, or if such office is vacant, until an Adjutant General is regularly appointed and qualified. While so serving, the Acting Adjutant General shall give to the state a fidelity bond in the same manner and in the same sum as is required from the Adjutant General. [1961 c.454 §11; 1963 c.62 §1; 1983 c.534 §1; 1999 c.96 §1] 396.170 Acting Adjutant General. (1) If the federally recognized Oregon National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order shall include the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties required of the Adjutant General, and who shall be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General, or if no such officer is available, then from the following: (a) Officers of the National Guard Reserve. (b) Inactive or retired officers of the Oregon National Guard. (c) Army or Air Force officers who have retired and are residents of the State of Oregon. (2) If, on the occurrence of a vacancy in the office of Adjutant General, there is no duly qualified and appointed Assistant Adjutant General, the Governor may designate an Acting Adjutant General who shall assume temporarily the responsibilities and powers and perform all duties required of the Adjutant General until such time as an Adjutant General is regularly appointed and qualified. An Acting Adjutant General designated under this provision shall have the same qualifications as are required for the appointment of an Adjutant General. (3) The Acting Adjutant General serving under the terms of this section shall be compensated as determined by the Governor, but the amount shall not exceed that authorized for a regularly appointed Adjutant General.
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(4) The Acting Adjutant General, before entering upon the duties of office, shall give to the state a fidelity bond in such penal sum as may be fixed by law, or if not so fixed, as may be approved by the Governor, with a corporate surety who is authorized to do business in this state. The premium for such bond shall be paid by the military department. [1961 c.454 §12; 1963 c.62 §2] 396.175 United States Property and Fiscal Officer. (1) The Adjutant General shall recommend to the Governor, who shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the Oregon National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the United States Property and Fiscal Officer for Oregon. If the officer is not on active federal duty, the President may order the officer to active duty, with the consent of the officer, to serve as a Property and Fiscal Officer as provided in section 708 of title 32, United States Code. The United States Property and Fiscal Officer shall function under the direction of the Adjutant General, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Department of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified. (2) As long as the position of the United States Property and Fiscal Officer is covered by a Position Schedule Bond authorized by the United States Code, and such position bonding is automatic upon acceptance of property accountability, no further bonding action on the part of the state or the individual appointed shall be required. [1961 c.454 §13] 396.180 [1961 c.454 §14; repealed by 1971 c.418 §23] OREGON MILITARY DEPARTMENT 396.305 Oregon Military Department; duties and functions. (1) The Oregon Military Department is established. The department, under the direction of the Governor, shall be responsible as provided in this chapter and ORS chapters 398 and 399 for the supervision of the military affairs of the state. (2) The military department shall prepare and promulgate necessary regulations for the organization, governance, armament, equipment, training and compensation of the militia of the state in conformity with the provisions of this chapter, ORS chapters 398 and 399 and the laws of the United States. Regulations so made shall be subject to the approval of the Governor. (3) The military department shall make such changes in the military organization of the Oregon National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau. (4) The military department shall fix the location of the units and headquarters of the Oregon National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby. (5) The military department shall have the power to establish awards and decorations and to approve the design therefor. [1961 c.454 §19; 1989 c.360 §4; 2005 c.512 §34]
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396.310 Enumeration of duties not exclusive. The enumeration of duties and functions in ORS 396.305 to 396.360 and 396.505 to 396.545 shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the department by other provisions of law. [1961 c.454 §20] 396.315 Adjutant General as director of department. (1) The military department shall be under the supervision and control of the Adjutant General, who shall also serve as director of the department, and who shall be appointed by the Governor as provided in ORS 396.150. (2) The Adjutant General shall be responsible for the performance of the duties imposed upon the department, and for such other duties as may be prescribed by this chapter and ORS chapters 398 and 399, or by the Governor. [1961 c.454 §21] 396.320 Organization of department. The Adjutant General shall organize and reorganize the military department as necessary to the accomplishment of its functions and duties. Such organization or reorganization shall be approved by the Governor prior to implementation. [1961 c.454 §22] 396.325 Army and air technicians as federal employees. Army and air technicians are federal civilian employees authorized by section 709, title 32, United States Code and paid from federal funds allocated to the state. As such they are subject to the jurisdiction and control of the Adjutant General. [1961 c.454 §23; 1969 c.367 §1] 396.330 Employees of military department; civil service status; conditions of employment; application of civil service and employment laws. (1) State employees of the Oregon Military Department who are not otherwise members of the Oregon National Guard may be required as a condition of employment to obtain membership in the Oregon State Defense Force when in the judgment of the Adjutant General the membership maintains or enhances the readiness and stability of the department to provide services if the need for Oregon State Defense Force assistance should arise. The decision of the Adjutant General shall be carried out by written regulation and shall not be subject to collective bargaining. (2) Members of the Oregon National Guard or Oregon State Defense Force who are ordered to state active duty under the provisions of ORS chapter 399 shall be considered as being in the military service of the state and shall be considered temporary employees of the military department. (3) State employees of the military department may be ordered to state active duty under ORS chapter 399 without jeopardizing their status as regular employees. Employees so ordered must be in an authorized leave status from their regular military department employment during the period served on active duty. (4) State employees of the military department shall be subject to ORS chapter 240 or 243 when performing as regular employees. (5) Members of the Oregon National Guard who are serving under Title 10 or Title 32 of the United States Code are not eligible, by reason of that service, for the rights or benefits of public employees granted or authorized by ORS chapter 236, 237, 238, 238A, 240 or 243. Except as required by federal law or regulation, ORS chapters 652, 653, 654, 656, 657, 659, 659A, 661 and 663 do not apply to members of the Oregon National Guard who are serving under Title 10 or
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Title 32 of the United States Code. [1961 c.454 §24; 1969 c.367 §2; 1989 c.361 §4; 1995 c.571 §1; 1999 c.96 §2; 2001 c.621 §78; 2003 c.733 §78] 396.332 Authority of Oregon Military Department to require fingerprints for criminal records check. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Military Department may require the fingerprints of: (1) A person who is applying for or is employed in a position in a job category for which a state or nationwide criminal records check is a job qualifier and in which personnel: (a) Are assigned to the at-risk youth alternative education program; (b) Are issued firearms and munitions; (c) Have fiscal and purchasing responsibilities as their primary responsibilities; or (d) Have regular access to restricted areas within a military installation. (2) A person who is applying to join the organized militia of this state, as described in ORS 396.105, or is a member of the organized militia of this state. [2001 c.407 §2; 2005 c.730 §§21,79] 396.335 Drawing warrants. Unless otherwise specially provided in this chapter and ORS chapters 398 and 399, warrants on the State Treasury for all duly authenticated bills of the military department as approved by the Adjutant General or the person designated by the Adjutant General, in favor of the persons to whom the state is indebted for military purposes shall be drawn and paid in the same way other claims against the state are paid. [1961 c.454 §25; 1975 c.614 §12] 396.340 Receipt and disposition of certain federal moneys. The Adjutant General may accept, receive and receipt for moneys made available from the federal government in connection with maintenance service contracts for federal property used by the state. All federal moneys received by the Adjutant General under this section shall be deposited in the State Treasury in the Military Department Miscellaneous Receipts Account to be available for Oregon Military Department expenses. [1961 c.454 §27; 1973 c.297 §1; 1989 c.360 §5] 396.345 Disposition of receipts generally. The moneys received by the Adjutant General from fines imposed by courts-martial and, except as provided in ORS 279A.280, 279A.285 and 283.110, the moneys received from other miscellaneous sources shall be deposited in the General Fund in the State Treasury, to be available for general governmental expenses. [1961 c.454 §26; 1963 c.169 §5; 1965 c.445 §1; 2003 c.794 §272] 396.350 [1961 c.454 §28; 1975 c.614 §13; 1979 c.95 §4; repealed by 2013 c.722 §6] 396.355 Property loss incident to activities of organized militia. (1) As used in this section, “settle” means consider, ascertain, adjust, determine and dispose of a claim, whether by full or partial allowance or by disallowance. (2) Under such military department regulations as the Governor may prescribe, the Governor or, subject to appeal to the Governor, the Adjutant General, may settle and pay in an amount not more than $500 a claim against the state for: (a) Damage to or loss of real property, including damage or loss incident to use and occupancy; and
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(b) Damage to or loss of personal property, either caused by a member of the organized militia acting within the scope of assigned duties, or otherwise incident to noncombat activities of the organized militia. (3) A claim may be allowed under subsection (2) of this section only if: (a) It is presented in writing within one year after it accrues; (b) It is not payable under section 2733 or 2734 of title 10, United States Code, under section 2672 of title 28, United States Code or under section 715 of title 32, United States Code; (c) The damage to, or loss of, property was not caused wholly or partly by a negligent or wrongful act of the claimant, agent or employee of the claimant; and (d) It is substantiated as prescribed in regulations issued pursuant to this chapter and ORS chapters 398 and 399. (4) No claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (5) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive. (6) Claims approved for payment under this section shall be paid from moneys available to the military department. [1961 c.454 §29; 1963 c.169 §6; 1981 c.471 §1] 396.360 Department programs for at-risk youth; policies and procedures. (1) The Oregon Military Department may adopt reasonable policies or procedures for any program operated by the military department for at-risk youth where attendance by at-risk youth is voluntary. The policies or procedures adopted by the military department may include but are not limited to drug testing policies designed to ensure that a person enrolled in the program is not engaging in unlawful drug use. (2) The military department may adopt policies or procedures pursuant to subsection (1) of this section by regulation or may provide notice of policies or procedures to at-risk youth prior to enrollment in the program. (3) The results of any drug test performed pursuant to this section shall be used solely for the purpose of determining eligibility for enrollment or continuing attendance in the program and shall not be used against the person in any criminal prosecution. [1999 c.1053 §49; 2005 c.512 §35] 396.362 Oregon Military Emergency Financial Assistance Program. (1) The Oregon Military Emergency Financial Assistance Program is created in the Oregon Military Department. The purpose of the program is to provide hardship grants and loans to members and immediate family of members of the Oregon National Guard on active duty. (2) The department shall adopt regulations implementing subsection (1) of this section, including but not limited to establishing procedures for applying for a hardship grant or loan and criteria for determining eligibility to receive a hardship grant or loan. (3) As used in this section, “immediate family” means a spouse, child or stepchild. [2005 c.836 §9] Note: 396.362 and 396.364 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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396.364 Oregon Military Emergency Financial Assistance Fund. The Oregon Military Emergency Financial Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Military Emergency Financial Assistance Fund shall consist of moneys appropriated to the fund by the Legislative Assembly and moneys contributed through the charitable checkoff program described in ORS 316.491. Moneys in the fund are continuously appropriated to the Oregon Military Department for the purposes of funding hardship grants and loans described in ORS 396.362. Interest earned by the fund shall be credited to the fund. [2005 c.836 §10] Note: See note under 396.362. 396.366 [2009 c.870 §1; repealed by 2013 c.722 §6] 396.370 [2005 c.831 §11; 2012 c.106 §11; 2013 c.236 §4; repealed by 2013 c.722 §6] 396.375 Report to legislature on military cultural barriers. On or before October 1 of each even-numbered year, the Oregon Military Department shall report to a legislative committee dealing with the military on the existing military cultural barriers that discourage service members from identifying their medical, emotional, psychological and other barriers to reintegration into civilian life. [2011 c.128 §1] Note: 396.375 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ARMORIES, CAMPS AND OTHER PROPERTY 396.505 Definition of “armory” for ORS 396.505 to 396.545. As used in ORS 396.505 to 396.545, “armory” means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use. [1961 c.454 §30; 2001 c.104 §138] 396.510 Control of armories and camps; care of property. (1) The military department shall have control of armories and shall prescribe the regulations governing the same. All state and United States property must, as far as possible, be kept in them, and the commanders of troops using the armories will be held responsible for the safekeeping and proper care of such property and its protection against damage, misappropriation or loss. Armories, while occupied by troops, shall be considered military posts under the exclusive jurisdiction of the officer commanding the post. (2) The military reservations known as Camp Rilea, purchased for the State of Oregon; Camp Withycombe, transferred to the state by the federal government; and any military reservations acquired in the future; and any property licensed or leased to the state by the federal government for military use, shall be under the control of the military department. [1961 c.454 §31] 396.515 Sale, exchange or lease of military department property. (1) Subject to the restriction contained in subsection (4) of this section, the Oregon Military Department may sell,
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exchange or lease any military department real property that is found to have become unsuitable for military department purposes. The Adjutant General shall make a determination of the unsuitability of the property for military department purposes and the advisability or necessity of sale, exchange or lease of the property. (2) Title to any real property sold or exchanged shall be given in the name of the State of Oregon, and the deed conveying the title shall be signed by the Adjutant General. Title to real property received in exchange of military department real property shall be taken in the name of the State of Oregon, and the control of the property shall be vested in the military department. (3) Military department real property owned jointly by the State of Oregon and the United States, or military department real property subject to federal restrictions in conflict with ORS 396.505 to 396.545, shall, with appropriate federal authorization, be subject to the provisions of ORS 396.505 to 396.545. (4) Prior to the sale of military department real property, the military department shall submit to the Legislative Assembly, or to the Emergency Board or the Joint Interim Committee on Ways and Means when the legislature is not in session, the proposed sale of military department real property, for approval. [1961 c.454 §32; 2003 c.28 §1; 2008 c.18 §9; 2012 c.107 §12] 396.520 Applicability of laws governing sale, exchange or lease of military department property generally. The sale, exchange or lease of Oregon Military Department real property, as authorized in ORS 396.515, which the State of Oregon owns or in which it has an equitable interest or estate, shall be subject to the provisions of ORS 270.020, 273.225 to 273.241. [1961 c.454 §33; 2003 c.28 §2] 396.525 Military Department Construction Account; disposition of moneys received from sale of real property. (1) The Military Department Construction Account, separate and distinct from the General Fund, is established in the State Treasury. Moneys received by the State of Oregon in payment for military department real property sold shall be deposited in the Military Department Construction Account. All moneys in the account are appropriated continuously and shall be used by the military department for capital construction expenses. (2) Interest received on deposits credited to the Military Department Construction Account shall accrue to and become part of the Military Department Construction Account. [1961 c.454 §34; 1973 c.297 §2; 1989 c.254 §1] 396.530 Location of new armories; title to armories and grounds. Armories may be constructed in locations not already provided with armories or in which existing armories are inadequate, where one or more units of the organized militia, fully organized under this chapter and ORS chapters 398 and 399, may be located and where, in the judgment of the military department, it will be most convenient to the units, and where most needed. All title to the armory and grounds upon which it is situated shall vest in the State of Oregon. [1961 c.454 §35; 2011 c.87 §1] 396.535 Acquisition of property for military use; payment for use of property. (1) The military department shall be a body corporate and shall have the powers of a corporation for the purpose of purchasing, leasing, renting or otherwise acquiring buildings or parts thereof, grounds, premises, offices, rooms, warehouses, garages, shops and storage areas for the use of the department or any unit of the organized militia. For such purpose the military department,
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subject to the review and supervision of the Oregon Department of Administrative Services as required by ORS 276.428 and 276.429, may make and execute contracts and agreements the legal form and sufficiency of which shall first be approved by the Attorney General. (2) Costs and charges in connection with the acquisition and use of property under this section shall be paid from funds appropriated for the use of the military department and shall not be general obligations of the State of Oregon. [1961 c.454 §36] 396.540 Use of armories. (1) Armories may be used by members and units of the organized militia in accordance with regulations issued pursuant to this chapter and ORS chapters 398 and 399. (2) Armories may be used by any veterans’ organizations and their auxiliaries located in the community where the armory is located, provided such use will not interfere with the use of the facilities by the organized militia or result in risk to federal or state property, and provided that the organization makes a written request therefor and pays for heat, lights, janitor service and other expense required by such use. (3) Armories may be used by any federal, state, county and municipal bureau, agency or department or by the Armed Forces of the United States, including the Coast Guard, or by the reserve components thereof for their official business, provided that such use does not interfere with the members and units of the organized militia stationed in such armory, and provided that such use is approved by the officer in charge thereof and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399. (4) Armories may be rented for use by a person, firm, association or corporation, not specified elsewhere in this section, for such purposes and upon such terms as may be approved by the officer in charge of the armory and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399 and provided that such use will not, and only so long as such use does not, interfere with the use of the armory by the members and units of the organized militia stationed therein. (5) The Oregon National Guard Association described in ORS 399.460 may use an armory or other military facility at no cost, provided that the use is approved by the officer in charge and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399. [1961 c.454 §37; 1991 c.421 §1; 2003 c.28 §3; 2011 c.87 §2] 396.545 Leases and agreements for use of armories. (1) The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions its full name and address, the purpose for which such use is desired, the nature and manner of the intended use of such space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with such use. The terms and provisions of such agreement shall be governed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399, which regulations shall include provisions designed to prevent unfair competition with privately owned property and business. (2) No agreement for use made under this section shall be effective until such agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399.
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(3) No agreement or lease made under this section may be assigned in whole or in part nor may such space or any part thereof be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory. (4) All moneys paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and shall be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such moneys shall immediately pay over the moneys to the officer in charge of the armory, who shall immediately forward such moneys for deposit in the Military Department Miscellaneous Receipts Account in the State Treasury to be available for Oregon Military Department expenses. (5) Notwithstanding any of the provisions of ORS 396.505 to 396.545, when use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the Adjutant General, in the discretion of the Adjutant General, may require the execution of a contract or agreement for such use, upon such terms and conditions as the Adjutant General may prescribe. [1961 c.454 §38; 1973 c.297 §3; 1989 c.360 §6] 396.555 Oregon Military Museum established at Camp Withycombe. (1) The Oregon Military Museum is established at Camp Withycombe in Clackamas County. The Oregon Military Department shall establish an official repository in the museum for military weapons, documents and artifacts relating to the military history of the citizens of Oregon, whether service is in the Oregon National Guard or the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. (2) The department may enter into agreements with the contributors of such artifacts as it considers necessary. [1975 c.235 §2; 1989 c.360 §7; 2001 c.656 §1] 396.560 Grants and donations for Oregon Military Museum. The Oregon Military Department may seek, solicit, receive and administer monetary grants or donations for the support and improvement of the Oregon Military Museum established under ORS 396.555. Grants and donations so received are continuously appropriated to the Oregon Military Department for the purposes of this section and ORS 396.565. [1977 c.118 §2; 1989 c.360 §8; 2001 c.656 §2] 396.565 Disposal of property. The Oregon Military Department may donate, exchange or otherwise dispose of property not required for the current or anticipated needs of the Oregon Military Museum. Disposal shall be made in a manner appropriate to the historic or intrinsic value of the property and shall be performed to engender goodwill and to improve the museum. [1977 c.118 §3; 1989 c.360 §9; 2001 c.656 §3] MISCELLANEOUS 396.595 Military Family Appreciation Day. May 8 of each year shall be known as Military Family Appreciation Day. [2009 c.84 §1]
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Note: 396.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 396.600 Task Force on Military Families. (1) The Task Force on Military Families is established, consisting of at least nine members appointed by the Governor as follows: (a) At least one parent of a member of the military or one parent of a veteran; (b) At least one family member of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States; (c) At least one family member of a person who has been awarded the Purple Heart for wounds received in combat; (d) At least one adolescent dependent of a veteran who was a member of the Oregon National Guard; (e) At least one spouse of a member of the military or a veteran; (f) At least one representative of the Department of Veterans’ Affairs; and (g) At least one representative of the Oregon National Guard who works on issues relating to military families. (2) In selecting the members of the task force, the Governor shall strive to include members representing: (a) All geographic areas of this state; (b) All branches of the military; and (c) Active duty, Oregon National Guard and reserve units. (3) The term of each member of the task force 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. 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. A member may not be appointed to serve more than two consecutive terms on the task force. (4) The task force shall: (a) Review and evaluate proposals for legislation relating to military families; (b) Provide witnesses to testify before the Legislative Assembly; (c) Conduct meetings with military families throughout this state; (d) Prepare materials and conduct outreach to assist in bridging the gap between military and civilian sectors; (e) Educate the public about the needs of military families; and (f) Identify, review and propose community-based initiatives, programs, tools and resources to assist military families. (5) A majority of the voting members of the task force constitutes a quorum for the transaction of business. (6) Official action by the task force requires the approval of a majority of the voting members of the task force. (7) The task force shall elect one of its members to serve as chairperson. (8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force. (9) The task force may establish subcommittees of its members as it determines to be necessary to assist the task force in the performance of its duties.
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(10) The task force may adopt rules necessary for the operation of the task force. (11) The Department of Veterans’ Affairs and the Oregon Military Department shall provide staff support to the task force. (12) Members of the task force are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated to the Department of Veterans’ Affairs and the Oregon Military Department for purposes of the task force. (13) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2011 c.727 §1] Note: 396.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 398 — Military Justice
2015 EDITION
MILITARY JUSTICE MILITARY AFFAIRS; EMERGENCY SERVICES 398.002 Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515 398.004 Persons subject to Oregon Code of Military Justice 398.006 Jurisdiction to try certain personnel 398.010 Territorial applicability of Oregon Code of Military Justice 398.012 Judge advocates; legal assistants 398.014 Presentment of Class A felony charges to civilian authority 398.058 Restraint of priority prisoners; notice of charges; speedy disposition; conditional
release 398.060 Place of confinement 398.118 Commutations and pardons granted by Governor; remittance of forfeitures and fines 398.120 Application for commutation or pardon 398.216 Statute of limitation 398.224 Refusal to appear or testify 398.226 Contempt 398.234 Number of votes required 398.252 Cruel and unusual punishments prohibited 398.406 Execution of process and sentence 398.408 Process of military courts 398.412 Immunity for action of military courts
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398.414 Presumption of jurisdiction 398.416 Delegation of authority by Governor 398.418 Payment of expenses 398.420 Armed Forces Court of Appeals for Oregon 398.002 Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515. As used in this chapter and ORS 396.120, 396.145, 399.205 and 399.515, unless the context requires otherwise, the following terms have the meanings given those terms in the Oregon Code of Military Justice: (1) “Commanding officer.” (2) “Commissioned officer.” (3) “Confining authority.” (4) “Convening authority.” (5) “Enlisted member.” (6) “Judge advocate.” (7) “Military court.” (8) “Military judge.” (9) “Officer.” (10) “Record.” (11) “State Judge Advocate.” (12) “Superior commissioned officer.” [1961 c.454 §78; 1975 c.719 §1; 1985 c.682 §14; 1989 c.361 §5; 2005 c.512 §5; 2013 c.81 §3] 398.004 Persons subject to Oregon Code of Military Justice. (1) The following persons who are not in federal service are subject to the Oregon Code of Military Justice as described in ORS 396.128: (a) Members of the organized militia. (b) All other persons lawfully ordered to duty in or with the organized militia, from the dates they are required by the terms of the order or other directive to obey the same. (2) A person may not be tried or punished for any offense provided in the Oregon Code of Military Justice unless: (a) The offense was committed while the person was in a duty status during a period of time in which the person was under lawful orders to be in a duty status; or (b) The offense charged has a connection with the military status or assignment of the person. For purposes of this paragraph, the required connection with military status or assignment is conclusively established for offenses for which there is no equivalent offense in the general criminal laws of this state and for offenses involving wrongful use, possession, manufacture, distribution or introduction of a controlled substance described in Article 112a of the Oregon Code of Military Justice. (3)(a) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force.
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(b) State military forces have primary jurisdiction of military offenses defined in Article 1(a)(18) of the Oregon Code of Military Justice when persons subject to the code are in a duty status or are properly ordered to be in a duty status. (c) Except as provided in paragraph (f) of this subsection, a civilian court has primary jurisdiction of an offense when: (A) An act or omission violates both the Oregon Code of Military Justice and a state, federal or foreign criminal law; and (B) A person subject to the code was neither in a duty status nor properly ordered to be in a duty status at the time of the act or omission. (d) When a person is charged with an offense described in paragraph (c) of this subsection, a court-martial or nonjudicial punishment may be initiated only after a civilian court has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. (e) Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes must be determined by the underlying offense. (f) State military forces have jurisdiction of any offense involving a person subject to the Oregon Code of Military Justice when the person is in a duty status, when the person is properly ordered to be in a duty status or when the sole offense is conduct that is prohibited by Article 112a of the Oregon Code of Military Justice. [1961 c.454 §79; 2013 c.81 §4] 398.006 Jurisdiction to try certain personnel. (1) Each person discharged from the organized militia who is later charged with having fraudulently obtained the discharge of the person is, subject to ORS 398.216, subject to trial by court-martial on that charge and is after apprehension subject to the Oregon Code of Military Justice while in the custody of the military for that trial. Upon conviction of that charge, the person is subject to trial by court-martial for all offenses under the Oregon Code of Military Justice committed before the fraudulent discharge. (2) A person who has deserted from the organized militia may not be relieved from amenability to the jurisdiction of the Oregon Code of Military Justice by virtue of a separation from any later period of service. [1961 c.454 §80; 2013 c.81 §5] 398.008 [1961 c.454 §81; 1975 c.719 §2; 2005 c.512 §6; repealed by 2013 c.81 §20] 398.010 Territorial applicability of Oregon Code of Military Justice. (1) The Oregon Code of Military Justice applies throughout this state and also applies to all persons otherwise subject to the code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state. (2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to the Oregon Code of Military Justice as if the proceedings were held inside the state. Offenses committed outside the state may be tried and punished either inside or outside the state. [1961 c.454 §82; 2013 c.81 §6] 398.012 Judge advocates; legal assistants. (1) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia as State Judge Advocate. To be eligible for appointment as State Judge Advocate, an officer must: (a) Be a member in good standing of the Oregon State Bar;
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(b) Have been a member of the Oregon State Bar for at least five years; and (c) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq. (2) The Adjutant General may appoint an officer of the organized militia as an Assistant State Judge Advocate. The Adjutant General may appoint as many Assistant State Judge Advocates as the Adjutant General deems necessary. To be eligible for appointment as an Assistant State Judge Advocate, an officer must: (a) Be a member in good standing of the Oregon State Bar; and (b) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq. (3)(a) The Adjutant General may appoint temporary Assistant State Judge Advocates who are officers of the organized militia. An individual appointed as a temporary Assistant State Judge Advocate has 12 months from the date of appointment to become a member in good standing of the Oregon State Bar and meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq. (b) The legal services performed by a temporary Assistant State Judge Advocate are limited to those legal services that may be performed by legal assistants consistent with ORS 9.160. (c) A temporary Assistant State Judge Advocate who has met the requirements under this subsection is eligible for appointment as an Assistant State Judge Advocate. (d) The Adjutant General may extend, for an additional 12 months, the time during which a temporary Assistant State Judge Advocate must meet the qualifications described in paragraph (a) of this subsection. (4) The Adjutant General may appoint State Judge Advocate Legal Assistants for a period not to exceed 12 months. An individual appointed as a State Judge Advocate Legal Assistant shall be an officer of the Oregon State Defense Force and shall be legally trained but is not required to be admitted to the practice of law by the Supreme Court of this state. The legal services performed by a State Judge Advocate Legal Assistant are limited to those legal services that may be performed by legal assistants consistent with ORS 9.160. (5) The State Judge Advocate, the Senior Force Judge Advocate, as defined in the Oregon Code of Military Justice, or their assistants shall make frequent inspections in the field for supervision of the administration of military justice and general military legal matters. (6)(a) Convening authorities shall at all times communicate directly with their judge advocate in matters relating to the administration of military justice and general military legal matters. (b) The judge advocate of any command may communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate or the Senior Force Judge Advocate, as defined in the Oregon Code of Military Justice. (7) A person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may not later act as judge advocate to any reviewing authority upon the same case. (8) A judicial officer, as defined by ORS 1.210, is not prohibited, by reason of holding that office, from: (a) Performing all acts necessary or incumbent to the authorized exercise of duties as a judge advocate or as a member of the Military Council.
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(b) Being assigned as a judge advocate by the Adjutant General as appointed by the Governor as Commander in Chief under the Oregon Constitution. [1961 c.454 §83; 1975 c.719 §3; 1993 c.483 §1; 2005 c.512 §7; 2009 c.345 §1; 2013 c.81 §7] 398.014 Presentment of Class A felony charges to civilian authority. (1) A charge against a person subject to the Oregon Code of Military Justice for an offense that is classified as a Class A felony under the Oregon Criminal Code shall first be presented by the convening authority to a prosecuting civilian authority with jurisdiction over the offense for possible prosecution. (2) If the prosecuting civilian authority declines to prosecute or fails to respond within 90 days from presentation of the charge, the charge may then be prosecuted as provided in this chapter or the Oregon Code of Military Justice. [2005 c.512 §33; 2013 c.81 §8] 398.058 Restraint of priority prisoners; notice of charges; speedy disposition; conditional release. (1)(a) Except as provided in paragraph (b) of this subsection, any person subject to the Oregon Code of Military Justice charged with an offense under the code may be ordered, as a priority prisoner, into arrest or confinement, as circumstances may require. (b) A person subject to the code charged only with a minor offense normally tried by a summary court-martial or subject to punishment under Article 15 of the code may not ordinarily be placed in confinement. (2) When any person subject to the Oregon Code of Military Justice is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person. (3) When a person subject to the Oregon Code of Military Justice is placed in confinement prior to summary court-martial or disposition under Article 15 of the code, the person shall be conditionally released pending disposition of the charges. (4) A person described in subsection (3) of this section may be reconfined if the person violates the conditional release. The person violates the conditional release if the person fails to attend drill periods, periods of active duty training, annual training, other periods determined by the confining authority or hearings related to the pending charges or other conditions imposed by the confining authority. (5) As used in this section, “priority prisoner” means a person subject to the Oregon Code of Military Justice who: (a) Has been ordered into confinement by a confining authority; (b) Is received by a keeper, officer, warden or other person in charge of the county jail, penitentiary, prison or other facility in which the person has been ordered confined; and (c) May be released only upon order of the confining authority. [1961 c.454 §87; 1975 c.719 §4; 2005 c.512 §8; 2013 c.81 §9] 398.060 Place of confinement. (1) Confinement other than in an authorized military confinement facility, whether before, during or after trial by a military court, shall be executed in county jails, penitentiaries or prisons designated by the Governor or by such persons as the Governor may authorize to act. (2) If no designation is made under subsection (1) of this section, the person shall be confined in a county jail.
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(3) Confinement under this section shall be without requirement of payment of any fee or charge for confining the person. [1961 c.454 §88; 2005 c.512 §9] 398.118 Commutations and pardons granted by Governor; remittance of forfeitures and fines. Upon the conditions and with the restrictions and limitations as the Governor thinks proper, the Governor may grant commutations and pardons for all punishments imposed under the Oregon Code of Military Justice by a general court-martial or a special court-martial and may remit all forfeitures and fines that were imposed under the code. [2005 c.512 §17; 2013 c.81 §10] 398.120 Application for commutation or pardon. (1) When a person subject to the Oregon Code of Military Justice makes an application for commutation or pardon to the Governor, a copy of the application, signed by the applicant and stating fully the grounds of the application, shall be served by the applicant upon: (a) The convening authority; and (b) If the applicant is in confinement, the person in charge of the place of confinement. (2) The applicant shall present to the Governor proof by affidavit of the service. (3) Upon receiving a copy of the application for commutation or pardon, the convening authority shall provide to the Governor, as soon as practicable, the information and records relating to the case as the Governor may request and any other information and records relating to the case that the convening authority considers relevant to the issue of commutation or pardon. (4) Following receipt by the Governor of an application for commutation or pardon, the Governor may not grant the application for at least 30 days. Upon the expiration of 180 days following receipt of an application, if the Governor has not granted the commutation or pardon applied for, the application shall lapse. Any further proceedings for commutation or pardon in the case shall be pursuant only to further application and service. [2005 c.512 §18; 2013 c.81 §11] 398.216 Statute of limitation. (1) Except as otherwise provided in this section, a person subject to the Oregon Code of Military Justice who is charged with an offense is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command. (2) A person charged with an offense is not liable to be punished under Article 15 of the Oregon Code of Military Justice if the offense was committed more than one year before any proceeding relating to the offense has been initiated. (3) Periods of time in which the accused is absent without authority or is fleeing from justice must be excluded in computing the period of limitation prescribed in this section. (4) Periods of time in which the accused is absent from territory in which the state has the authority to apprehend the accused, is in the custody of civil authorities or is in the hands of the enemy must be excluded in computing the period of limitation prescribed in this section. (5) When the United States is at war or the President of the United States has declared a national emergency, the running of any statute of limitation applicable to an offense under the Oregon Code of Military Justice is suspended until two years after the termination of hostilities or national emergency as proclaimed by the President or by a joint resolution of Congress if the offense:
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(a) Involved fraud or attempted fraud against the United States, any state or any state or federal agency, whether by conspiracy or not; (b) Was committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or of any state; or (c) Was committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order that is connected with or related to the prosecution of war or with any disposition of termination inventory by a war contractor or governmental agency. (6) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitation has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitation if the new charges and specifications: (a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and (b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications, or allege acts or omissions that were included in the dismissed charges or specifications. [1961 c.454 §122; 1985 c.682 §30; 2013 c.81 §12] 398.224 Refusal to appear or testify. (1) Any person not subject to the Oregon Code of Military Justice commits a Class B misdemeanor if the person: (a) Has been duly subpoenaed to appear as a witness before a court-martial, court of inquiry or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission or board; (b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state in ORS 44.415 (2); and (c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce. (2) The district attorney of the county in which the offense occurred, upon certification of the facts by the military court, court of inquiry or board, shall prosecute any person who commits the offense described in subsection (1) of this section. [1961 c.454 §126; 1985 c.682 §33; 1989 c.980 §13; 2005 c.512 §23; 2011 c.597 §189; 2013 c.81 §13] 398.226 Contempt. (1) A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. (2) A military court shall have the contempt power possessed by a civilian court as provided under ORS 33.015 to 33.155. (3) A person found in contempt under this section and ordered confined may be confined in a county jail upon written order of the military judge. (4) A person ordered confined under this section may be delivered to the civilian authority by a military or civilian law enforcement authority. (5) The county jail may not charge the Oregon Military Department or the state for the costs of a person’s confinement under this section. [1961 c.454 §127; 2005 c.512 §24]
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398.234 Number of votes required. (1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members of a general or special court-martial present at the time the vote on the findings and on the sentence of a court-martial is taken. (2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken. (3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. However, a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused. [1961 c.454 §131; 1985 c.682 §36; 2013 c.81 §14] 398.252 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to the Oregon Code of Military Justice. The use of irons, single or double, except for the purpose of safe custody, is prohibited. [1961 c.454 §134; 2013 c.81 §15] 398.406 Execution of process and sentence. In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. Where no provision is made for executing those processes and sentences, the process or sentence shall be executed by a United States Marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence, pursuant to section 333 of title 32, United States Code. [1961 c.454 §202] 398.408 Process of military courts. (1) Military courts may issue all process necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when the courts are sitting within the state and the witnesses, books and records sought are also so located. (2) Such process may be issued by summary courts-martial, provost courts or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed in the Oregon Code of Military Justice. (3) All officers to whom such process may be so directed shall execute the documents and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in the Oregon Code of Military Justice, no such officer may demand or require payment of any fee or charge for receiving, executing or returning such a process or for any service in connection therewith. [1961 c.454 §203; 1975 c.719 §33; 1981 c.178 §13; 2013 c.81 §16] 398.412 Immunity for action of military courts. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or
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execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process of a military court. [1961 c.454 §205; 1981 c.178 §14] 398.414 Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this chapter and the Oregon Code of Military Justice shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [1961 c.454 §206; 2013 c.81 §17] 398.416 Delegation of authority by Governor. The Governor may delegate any authority vested in the Governor under this chapter, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by ORS 398.118. [1961 c.454 §207; 1985 c.682 §52; 2005 c.512 §40; 2013 c.81 §18] 398.418 Payment of expenses. The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice from any fund appropriated to the Oregon Military Department. [1985 c.682 §12; 1989 c.360 §11] 398.420 Armed Forces Court of Appeals for Oregon. (1) There is established within the Oregon Military Department the Armed Forces Court of Appeals for Oregon. (2) The court shall have exclusive jurisdiction over appeals properly brought under this chapter, the Oregon Code of Military Justice and ORS chapters 396 and 399. (3) The Adjutant General shall appoint three persons who shall serve as judges on the court. The persons appointed shall serve without compensation. (4) One person shall be Chief Judge and two persons shall be Associate Judges. The Chief Judge shall be selected by the three judges. The selection shall be subject to the approval of the Adjutant General. (5)(a) Appointments shall be for a term of six years, except that the initial appointments of the judges shall be for the following terms: (A) One judge shall serve a two-year term. (B) One judge shall serve a four-year term. (C) One judge shall serve a six-year term. (b) The term of office of any successor judges shall be six years, but any judge appointed to fill a vacancy occurring prior to the expiration of the term for which the judge’s predecessor was appointed shall be appointed only for the unexpired term of the predecessor. (c) Any person appointed to a full or partial term on the court, unless otherwise disqualified, shall be eligible for reappointment. (6) A person is eligible for appointment to the court if the person: (a) Is a member of the Oregon State Bar and admitted to practice before the highest court of this state; (b) Is a former commissioned officer of the Armed Forces of the United States or the reserve components, or is a former or current member of the Oregon State Defense Force; and (c) Has at least: (A) Five years’ experience as an officer in the Judge Advocate General’s Corps; or (B) Fifteen years’ experience in the Judge Advocate Branch of the Oregon State Defense Force.
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(7) Judges of the court may be removed by the Adjutant General, upon notice and hearing, for neglect of duty or malfeasance in office or for mental or physical disability, but for no other cause. (8) If a judge of the court is temporarily unable to perform the judge’s duties due to mental or physical disability, the Adjutant General may designate another person eligible for appointment to the court to fill the office for the period of disability. (9) The Oregon Military Department shall be responsible for reimbursement and funding of all usual travel and per diem expenses of the judges. (10) The Adjutant General shall issue regulations to govern appellate procedure before the court. The regulations shall be substantially similar to the provisions for post-trial procedure and review of courts-martial under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq. (11) A party aggrieved by a decision of the Armed Forces Court of Appeals for Oregon may petition the Supreme Court of this state for review within 35 days after the date of the decision, in the manner provided by rules of the Supreme Court. (12) As used in this section, “component” includes the Army National Guard, the Air National Guard and the Oregon State Defense Force. [2005 c.512 §29; 2009 c.345 §2; 2013 c.81 §19]
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Chapter 399 — Organized Militia
2015 EDITION
ORGANIZED MILITIA MILITARY AFFAIRS; EMERGENCY SERVICES ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS 399.015 Army National Guard 399.025 Air National Guard 399.035 Oregon State Defense Force 399.045 Organization and training; equality of treatment and opportunity 399.055 Assemblies, periodic training and other duty 399.065 Ordering organized militia into active state service; martial law 399.075 Ordering organized militia to state active duty; pay and allowances 399.085 Credit for active federal service 399.105 Militia unit facilities 399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited 399.125 Repossession of military property by state 399.135 Right of way on public streets and highways 399.145 Free passage through tollgates and tunnels and over toll bridges and ferries 399.150 Oaths and affirmations 399.155 Unlawful wearing of uniform or insignia RIGHTS AND PRIVILEGES OF MEMBERS 399.205 Complaints of wrongs
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399.210 Eligibility to state office of federally paid members of organized militia 399.215 Exemption from jury duty 399.225 Relief from civil or criminal liability; security for costs; exemption from civil process 399.238 Applications for relief of obligations or liabilities or stay of civil or administrative
proceedings by state service members 399.240 Limitation on rate of interest incurred by state service members during period of
active service 399.242 Suspension or termination of certain services by service members; reinstatement;
effect 399.245 Definitions for ORS 399.245 to 399.265 399.255 Scholarship program; award; duration; ineligible courses of study 399.265 Award prior to completion of service requirement; repayment required after
insufficient service 399.275 Tuition waiver program; amount of waiver; qualifications; priority 399.280 Eligibility; required period of military service; repayment required after withdrawal
from courses or insufficient service COMMISSIONED AND WARRANT OFFICERS 399.405 Appointment of commissioned officers 399.410 Applicability of chapter to warrant officers 399.415 Qualifications of officers; oath 399.420 Assignment and transfer of officers; residence of officers 399.425 Resignations 399.430 Absence without leave considered resignation 399.435 Efficiency and medical examining boards; appointment 399.440 Efficiency and medical examining boards; procedure and functions 399.445 Officer bonds
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399.450 Responsibility for public property 399.456 Uniform allowance 399.460 Oregon National Guard Association ENLISTED PERSONNEL 399.505 Enlistment, period of service, transfer, discharge and extensions of enlistments 399.510 Contract and oath of enlistment 399.515 Explanation of military laws and Oregon Code of Military Justice to members of
organized militia 399.520 Noncommissioned officers 399.525 Discharges 399.530 Dropping from rolls PENALTIES 399.990 Penalties ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS 399.015 Army National Guard. The ground force of the organized militia shall be the Army National Guard and shall be composed of the army units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Army National Guard shall be federally recognized as such. [1961 c.454 §39] 399.025 Air National Guard. The air force of the organized militia shall be the Air National Guard and shall be composed of the air force units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Air National Guard shall be federally recognized as such. [1961 c.454 §40] 399.035 Oregon State Defense Force. (1) In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve force. Such force shall be known as the Oregon State Defense Force, and shall be composed principally of officers, warrant officers and enlisted persons not eligible for general service under federal selective service laws.
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(2) In time of peace the Oregon State Defense Force shall be maintained at cadre strength in numbers to be determined by the Governor. (3) In time of peace the mission of the Oregon State Defense Force shall be to augment the Oregon National Guard as an internal security force. In time of war, it shall replace the Oregon National Guard as a state force when the National Guard is ordered into federal service. (4) Whenever laws of the United States authorize the organization of such state forces under federal recognition, the Governor shall promulgate such regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section. [1961 c.454 §41; 1989 c.361 §6] 399.045 Organization and training; equality of treatment and opportunity. (1) The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal and state laws and regulations. (2) It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the organized militia without regard to race, creed, color or national origin. [1961 c.454 §§42,43] 399.055 Assemblies, periodic training and other duty. Members and units of the organized militia shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal and state laws and regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted persons of the command to meet for ceremonies, parades or training at such times and places as the commander may appoint. [1961 c.454 §44] 399.065 Ordering organized militia into active state service; martial law. (1) The Governor shall have the power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into active service of the state for such period, to such extent and in such manner as the Governor may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack. (2) The Governor may order into active service of the state for such period, to such extent and such manner as the Governor may deem necessary units or individuals of the organized militia when in the judgment of the Governor the services of such units or individuals are required for the furtherance of the organization, maintenance, discipline or training of the organized militia or for ceremonial functions of the state government. (3) Whenever any portion of the organized militia is employed pursuant to this section, the Governor, if in the judgment of the Governor the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law. [1961 c.454 §45] 399.075 Ordering organized militia to state active duty; pay and allowances. (1) The Adjutant General, with the approval of the Governor, may order members of the organized militia to state active duty as defined in the Oregon Code of Military Justice. Members, while on
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state active duty, shall receive not less than the pay and allowances of their corresponding grades in the Armed Forces of the United States in accordance with a schedule approved by the Adjutant General for the period of time in state active duty. State active duty under this subsection includes, but is not limited to, support of federal, state and local drug eradication, interdiction and other counterdrug operations under a counterdrug support plan approved by the Governor, and reasons related to homeland security. When participating in such support operations, and to the extent authorized by 32 U.S.C. 112, applicable regulations of the National Guard Bureau and the Oregon Counterdrug Support Plan, the Oregon Military Department is designated as a law enforcement agency for the purpose of carrying out federal asset forfeiture laws only. (2) Members of the organized militia serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may be reimbursed for necessary expenses incurred at the rate established for state employees under appropriate travel regulations issued by the Oregon Department of Administrative Services. (3) In lieu of other provisions of this chapter, a medical examiner may be paid for services and necessary disbursements and a properly appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding, such amounts as shall be approved by the Governor. (4) Members of the organized militia shall not receive from the state the pay or the pay and allowances provided for by this section when eligible for such pay and allowances from federal funds. (5) Notwithstanding any of the provisions of this chapter, members of the organized militia may with their consent perform without pay or without pay and allowances any of the types of military duty prescribed in this chapter and ORS chapters 396 and 398 pursuant to orders issued by competent military authority; provided however, that necessary traveling expenses, subsistence and per diem allowances may be furnished such members within the discretion of the Adjutant General and within the amount appropriated therefor. (6) All pay and allowances provided for by this chapter, except per diem, mileage and expenses while traveling under orders shall be subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of or injury to state or United States property or funds for which a member of the organized militia is responsible or accountable where such responsibility has been fixed by competent authority. (7)(a) Except as provided in paragraph (b) of this subsection, members of the organized militia who are ordered to state active duty shall be considered temporary employees of the military department. (b) Members of the organized militia who are ordered to state active duty are not subject to ORS chapter 240 and ORS 243.650 to 243.782. (8) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member of the Public Employees Retirement System who has attained normal retirement age and is on state active duty. Hours served by a person under this subsection shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3). [1961 c.454 §69; 1997 c.486 §1; 2003 c.311 §1; 2009 c.390 §§2,9; 2013 c.81 §26] 399.085 Credit for active federal service. For all purposes under this chapter and ORS chapters 396 and 398, members of the organized militia who enter and serve in the active
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military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the state, shall be entitled to credit for time so served as if such service had been rendered to the state. [1961 c.454 §47] 399.105 Militia unit facilities. Unless furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain such facilities for units of the Oregon National Guard allotted to the state under the laws of the United States, accepted by the Governor and organized under the authority of this chapter and ORS chapters 396 and 398. [1961 c.454 §46] 399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited. (1) Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the organized militia or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the organized militia or of the Armed Forces of the United States in the performance of their military duties may be placed in arrest by the commanding officer, or the designated representative of the commanding officer, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours. (2) The commanding officer or the designated representative of the commanding officer, of any unit of the organized militia performing military duty in or at any armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty or within such limits not exceeding one mile therefrom as the commanding officer may prescribe. Such commanding officer may in the discretion of the commanding officer abate as common nuisances all such sales, actions and gambling. [1961 c.454 §74] 399.125 Repossession of military property by state. (1) When the Governor orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the state. (2) No person shall resist any officer in the performance of the duty required by this section. [1961 c.454 §76] 399.135 Right of way on public streets and highways. The organized militia in the performance of its military duties shall have the right of way over any persons or vehicles on any
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public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the organized militia in the performance of its military duties, is guilty of a misdemeanor. [1961 c.454 §72] 399.145 Free passage through tollgates and tunnels and over toll bridges and ferries. Any person belonging to the organized militia shall, together with the conveyance in the charge of the person and the property of the state or the United States in the charge of the person, be allowed to pass free through all tollgates and tunnels and over all toll bridges and also over all ferries if the person is in uniform or presents an order for duty or certificate of an order for duty. [1961 c.454 §73] 399.150 Oaths and affirmations. Oaths and affirmations required in any matter connected with the military service may be administered by any duly commissioned officer of the organized militia or other officer authorized to administer oaths under the laws of the state, and no charge shall be made nor shall any fee be accepted for such service. [1961 c.454 §51] 399.155 Unlawful wearing of uniform or insignia. No member of the organized militia shall wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the organized militia, without the permission of the commanding officer. [1961 c.454 §75(3)] RIGHTS AND PRIVILEGES OF MEMBERS 399.205 Complaints of wrongs. Any member of the organized militia who is wronged by the commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General. [1961 c.454 §200] 399.210 Eligibility to state office of federally paid members of organized militia. Any officer or enlisted person of the militia of this state who receives compensation from the United States as a federally recognized member of the organized militia shall not be ineligible by reason thereof to hold lucrative office or seat in the Legislative Assembly within the meaning of section 10, Article II of the Oregon Constitution. [1961 c.454 §48] 399.215 Exemption from jury duty. Active members of the organized militia shall be exempt from duty to act as a juror. [1961 c.454 §49] 399.225 Relief from civil or criminal liability; security for costs; exemption from civil process. (1) Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in an official capacity in the discharge of any duty under this chapter and ORS chapters 396 and 398, or an alleged omission by the officer to do an act which it was the duty of the officer to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant
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issued by the officer pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover the costs of the defendant. (2) No member of the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which the member may be required to attend for military duty. [1961 c.454 §71] 399.238 Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members. (1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service under ORS chapter 399. (b) A member of the Oregon National Guard who is called into active service outside this state under Title 10 or Title 32 of the United States Code. (2) A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body: (a) For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service. (b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service. (3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section. (4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding. (5) The period of a service member’s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member’s heirs, executors, administrators or assigns. [2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1; 2009 c.345 §3] Note: 399.238 and 399.240 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 399.240 Limitation on rate of interest incurred by state service members during period of active service. (1) As used in this section: (a) “Interest” includes service charges, renewal fees or other charges or fees associated with an obligation or liability. (b) “Service member” means:
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(A) A member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days. (B) A member of the Oregon National Guard who is called into active federal service under Title 10 of the United States Code. (2) Notwithstanding ORS 82.010, 83.095, 708A.255, 723.502, 723.730 and 725.340, an obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member before being called into active service may not, during any part of the period of active service, bear interest in excess of six percent per year except by court order. (3) The service member shall provide written notice to the creditor requesting that the rate of interest be reduced to six percent per year and shall include proof of the official orders showing that the service member is being called into active service of the state by the Governor under ORS 399.065 (1) or into active federal service under Title 10 of the United States Code. (4) A creditor that receives a request under subsection (3) of this section to reduce a rate of interest may apply to the court for a determination that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member. If a court determines that the ability of a service member to pay interest on an obligation or liability at a rate in excess of six percent per year is not materially affected because of the active service of the member, the court may order an interest rate that is just. (5) A creditor must recompute the payment schedule to amortize the balance of the obligation or liability over the remainder of the obligation or liability at a rate of interest determined under subsection (2) or (4) of this section. [2003 c.387 §4; 2005 c.79 §2; 2009 c.541 §20] Note: See note under 399.238. 399.242 Suspension or termination of certain services by service members; reinstatement; effect. (1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days. (b) A member of the Armed Forces of the United States, as that term is defined in ORS 348.282, who is called into active federal service under Title 10 of the United States Code. (2)(a) Except as provided in subsection (6) of this section, a service member who has obtained the following services from a telecommunications service provider, an Internet service provider, a health club as defined in ORS 431A.450, a health spa as defined in ORS 646A.030 or a provider of television services may terminate or suspend the provision of services upon written notice and as provided in paragraph (b) of this subsection: (A) Telecommunications services. (B) Internet services. (C) Health spa services as defined in ORS 646A.030. (D) Exercise or athletic activities offered by a health club. (E) Television services, including but not limited to cable television, direct satellite and other television-like services. (b) The service member must provide proof to the service provider of the official orders showing that the service member has been called into active service: (A) At the time written notice is given; or
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(B) If precluded by military necessity or circumstances that make the provision of proof at the time of giving written notice unreasonable or impossible, within 90 days after written notice has been given. (3) A termination or suspension of services under this section is effective on the day written notice is given under subsection (2) of this section. (4)(a) A service member who terminates or suspends the provision of services under this section and who is no longer in active service may reinstate the provision of services on the same terms and conditions as originally agreed to with the service provider before the termination or suspension upon written notice to the provider that the service member is no longer in active service. Written notice under this subsection must be given within 90 days after termination of the service member’s active service. (b) Upon receipt of the written notice of reinstatement, the service provider shall resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable time not to exceed 30 days from the date of receipt of the written notice of reinstatement. (5) A service member who terminates, suspends or reinstates the provision of services under this section: (a) May not be charged a penalty, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement; and (b) Is not liable for payment for any services after the effective date of the termination or suspension, or until the effective date of a reinstatement of services as described in subsection (4) of this section. (6) A service member may terminate a contract for any service provided by a commercial mobile radio services provider in accordance with 50 U.S.C. 535a. [2013 c.423 §2] 399.245 Definitions for ORS 399.245 to 399.265. As used in ORS 399.245 to 399.265: (1) “Qualified applicant” means an Oregon resident who: (a) Is a member of the Oregon National Guard; (b) Maintains minimum academic standards at the qualified institution of higher education; (c) Meets participation standards in the Oregon National Guard as prescribed by the Oregon Military Department; (d) Is a full-time student; and (e) Serves one year in the Oregon National Guard for each year a scholarship is granted. (2) “Qualified institution of higher education” means any two-year or four-year, nonprofit, generally accredited institution of higher education located in this state, including community colleges and accredited schools of nursing located in this state. (3) “Scholarship” means a scholarship equal in value to $800 to be used to pay the educational expenses of the applicant at a qualified institution of higher education during the period for which the scholarship is granted, of which no more than 100 scholarships shall be awarded annually. [1989 c.717 §1; 1999 c.704 §21; 2011 c.637 §263] Note: 399.245 to 399.265 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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399.255 Scholarship program; award; duration; ineligible courses of study. (1) Subject to the availability of funds, the Oregon Military Department shall contract with the Higher Education Coordinating Commission to disburse to qualified applicants, awards made to the applicants on behalf of the Oregon National Guard Scholarship Program as determined by the Oregon Military Department. (2) If the qualified applicant who receives a scholarship under ORS 399.245 to 399.265 meets the standards of the Oregon Military Department for renewal of the scholarship, the scholarship may be renewed upon application until the applicant has received a scholarship for a total of four undergraduate years. (3) A qualified applicant who receives a scholarship under ORS 399.245 to 399.265 must attend the qualified institution of higher education upon which the scholarship application was based unless the commission authorizes the scholarship to be used at a different institution. (4) No scholarship shall be made to any student enrolled in a course of study required for or leading to a degree in theology, divinity or religious education. [1989 c.717 §2; 2011 c.637 §264; 2013 c.747 §155] Note: See note under 399.245. 399.265 Award prior to completion of service requirement; repayment required after insufficient service. A qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265 before completing the National Guard service requirement. However, if an applicant fails to fulfill the service requirement, the applicant shall pay to the Higher Education Coordinating Commission the amount of the scholarship received plus interest for each year for which a scholarship was awarded but for which the service requirement was not met. [1989 c.717 §3; 2011 c.637 §265; 2013 c.747 §156] Note: See note under 399.245. 399.275 Tuition waiver program; amount of waiver; qualifications; priority. (1) As used in this section and ORS 399.280: (a) “Eligible post-secondary institution” has the meaning given that term in ORS 348.180. (b) “Surviving family member” means a spouse or dependent of a member of the Oregon National Guard who is killed while on active duty. (2) Subject to the availability of funds, the Oregon Military Department may contract with the Higher Education Coordinating Commission to: (a) Disburse to eligible post-secondary institutions the dollar amount of tuition waivers authorized by this section and approved for payment by the department; and (b) Provide to the department a compilation of the total dollar amount of the tuition waivers approved for each academic term included in the contract. (3) The department shall regularly provide to the commission the names of members of the Oregon National Guard and surviving family members for whom tuition waivers may be approved. (4) Any member of the Oregon National Guard or surviving family member who registers for classes at an eligible post-secondary institution may receive a tuition waiver of up to 100 percent of the resident tuition charges imposed by that institution, except that in the case of a not-for-
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profit independent institution, the tuition waiver may not exceed 100 percent of the resident tuition at Oregon State University. (5)(a) A member of the Oregon National Guard may receive the tuition waiver authorized by this section at any time if the member maintains satisfactory performance with the Oregon National Guard and pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution. (b) A surviving family member may receive the tuition waiver authorized by this section if the surviving family member pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution. (c) The member of the Oregon National Guard or surviving family member is responsible for payment of the balance of the tuition charges not provided for by the tuition waiver program. (6) When determining to whom the tuition waivers shall be granted, priority shall be given to those members of the Oregon National Guard who have previously received tuition waivers while serving in the Oregon National Guard and surviving family members who have previously received tuition waivers. (7) The department shall apply qualifications and limitations to the tuition waiver program that are consistent with efficient and effective program management as determined by the Adjutant General. [1995 c.158 §1; 1997 c.67 §3; 2001 c.139 §1; 2005 c.200 §1; 2011 c.637 §266; 2013 c.747 §157] Note: 399.275 and 399.280 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 399.280 Eligibility; required period of military service; repayment required after withdrawal from courses or insufficient service. (1) The tuition waiver program described in this section and ORS 399.275 is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree. (2) A member of the Oregon National Guard or surviving family member may obtain only one undergraduate degree under the tuition waiver program established by this section and ORS 399.275. Only courses that meet degree requirements shall be approved for tuition waivers. A member of the Oregon National Guard or surviving family member may not receive a tuition waiver for any noncredit course. (3) If a member of the Oregon National Guard or surviving family member voluntarily withdraws from a course for which the member is receiving a tuition waiver, the member is liable for all costs relating to withdrawal, including but not limited to all the costs billed by the eligible post-secondary institution to the Oregon Military Department. (4) A member of the Oregon National Guard with no prior military service must complete basic military training, military occupational specialty training or skill-level training prior to being eligible for tuition waivers under this section and ORS 399.275. However, the Adjutant General may waive this requirement if the Adjutant General determines that a tuition waiver would be in the interests of the Oregon National Guard. (5) A member of the Oregon National Guard who receives tuition waivers under this section and ORS 399.275 shall agree in writing to serve in the Oregon National Guard for four years after the completion of the courses for which tuition waivers were given. A member who
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receives tuition waivers may be asked to reimburse the State of Oregon if the member leaves the Oregon National Guard during the four-year period. (6) The Oregon Military Department shall establish any limitations and controls it considers necessary to ensure maximum fiscal efficiency and productivity of the tuition waiver program established by this section and ORS 399.275. [1995 c.158 §2; 1997 c.67 §4; 2001 c.139 §2; 2005 c.200 §2] Note: See note under 399.275. COMMISSIONED AND WARRANT OFFICERS 399.405 Appointment of commissioned officers. All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the Adjutant General. [1961 c.454 §53] 399.410 Applicability of chapter to warrant officers. The provisions of this chapter relating to commissioned officers shall apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal and state laws and regulations. [1961 c.454 §63] 399.415 Qualifications of officers; oath. (1) No person shall be appointed or promoted as a commissioned officer of the organized militia unless the person has passed such examination as to the physical, moral and professional qualifications of the person as may be prescribed by applicable federal and state laws and regulations. (2) No person shall be recognized as a commissioned officer of the organized militia and no appointment as such shall become effective until the person has taken and subscribed an oath of office as prescribed by applicable federal and state laws and regulations. Such oath shall be taken and subscribed before an officer of the organized militia authorized to administer oaths as provided in ORS 399.150, or before a notary public. [1961 c.454 §54] 399.420 Assignment and transfer of officers; residence of officers. (1) Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the organized militia as prescribed by applicable federal and state laws and regulations. (2) An officer must reside within reasonable commuting distance of the station to which the unit of the officer is assigned. The Adjutant General shall determine what constitutes a reasonable distance in all cases of doubt. [1961 c.454 §55] 399.425 Resignations. (1) A commissioned officer of the organized militia may tender resignation at any time. Such resignation will be tendered in writing through proper military channels in accordance with applicable federal and state laws and regulations. Such resignations shall take effect when properly accepted and announced in orders. (2) A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof shall first obtain a conditional release from the commander of the officer. Such conditional release shall be issued in accordance with this chapter and ORS chapters 396 and 398 and military department regulations, and shall include certification that the officer is properly
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cleared of responsibility for all state and United States property and public money, and that the officer is not indebted to the state or to the organization to which the officer belongs. An officer so released shall be considered to have resigned upon presentation of evidence that the officer has accepted an appointment or enlisted in the force to which released, and the resignation shall be announced in orders. (3) No officer shall be allowed to resign a commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency. [1961 c.454 §56] 399.430 Absence without leave considered resignation. (1) Any officer who absents self without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders. (2) Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the vacancy shall be announced in appropriate orders. [1961 c.454 §57] 399.435 Efficiency and medical examining boards; appointment. (1) The efficiency, moral character and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless unavoidable. (2) The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers. (3) Efficiency and medical examining boards shall be appointed by the Governor upon recommendation of the Adjutant General except that whenever an examining board is to be appointed for the purpose of determining fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder. [1961 c.454 §58] 399.440 Efficiency and medical examining boards; procedure and functions. Efficiency and medical examining boards appointed by the Governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal and state laws and regulations. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses on behalf of the officer. The officer shall at all stages of the proceeding be allowed full access to records pertinent to the case and be furnished copies of same. Failure to appear before such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the state. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter and ORS chapters 396 and 398, the Governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible. [1961 c.454 §59] 399.445 Officer bonds. Officers of the organized militia shall give bonds and security as may be required by the Adjutant General to secure the state against loss on account of misuse or
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misapplication of state or federal property and funds. Such bonds shall be conditioned upon faithful performance of all duties and the accounting for all property and funds for which the officer is responsible or accountable. The Adjutant General may, in lieu of the foregoing, enter into an agreement, conditioned in like terms and for the same purpose, with a qualified surety company to bond all officers of the organized militia without specifically naming them. The premiums on bonds shall be charged to funds appropriated for the support of the organized militia. [1961 c.454 §60] 399.450 Responsibility for public property. An officer receiving public property for military purposes shall be accountable for the article so received by the officer until the article is returned, or is disposed of pursuant to law or by order of the Governor. Until the accounts of the officer are examined and found correct, the accountability of such officer or the estate of the officer shall not be affected in any way by resignation, discharge, change in official position or death. The Governor shall have the power to relieve officers of accountability upon good cause shown. [1961 c.454 §61] 399.456 Uniform allowance. (1) A person who is appointed as a commissioned officer or warrant officer of the Oregon National Guard under the circumstances set forth in subsection (2) of this section shall, on the date of original appointment as a commissioned officer or warrant officer, be eligible to receive from the state an allowance of $170 for the purpose of purchasing military uniforms and equipment. (2) Payment of the allowances set forth in subsection (1) of this section shall be limited to officers and warrant officers appointed under the following circumstances: (a) Commissioned in the Oregon Army National Guard upon graduation from an approved Army commissioning program. (b) Direct appointment as an officer or Warrant Officer of the Oregon Army National Guard from enlisted or civilian status. (c) Commissioned in the Oregon Air National Guard as a result of direct appointment from enlisted or civilian status. (d) Commissioned in the Oregon Air National Guard upon graduation from an approved Air Force commissioning program. (e) Commissioned in the Oregon Army National Guard from the reserve forces of the Navy, Marine Corps or Air Force. (f) Commissioned in the Oregon Air National Guard from the reserve forces of the Army, Navy or Marine Corps. (3) The allowances set forth in subsection (1) of this section shall be paid from moneys available to the military department only after the officer has furnished satisfactory evidence to the Adjutant General that the officer is properly entitled thereto. [1963 c.169 §3; 1967 c.163 §5; 1981 c.24 §1] 399.460 Oregon National Guard Association. All commissioned officers and warrant officers of the organized militia, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Oregon National Guard Association. The association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws. [1961 c.454 §52]
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ENLISTED PERSONNEL 399.505 Enlistment, period of service, transfer, discharge and extensions of enlistments. (1) The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the organized militia shall be those prescribed by applicable federal and state laws and regulations. (2) The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel of the Oregon State Defense Force for a period not to exceed six months after the termination of an emergency declared by the Governor, the legislature, the President or Congress. (3) Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the Governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding force of the organized militia for the same period. [1961 c.454 §64; 1989 c.361 §7] 399.510 Contract and oath of enlistment. Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by applicable federal and state laws and regulations. Such oath shall be taken and subscribed before any commissioned officer or warrant officer of the organized militia or of any component of the Armed Forces of the United States. A person making a false oath as to any material statement contained in such enlistment contract is guilty of perjury and shall be punished upon conviction as provided by law. [1961 c.454 §65; 1981 c.24 §2] 399.515 Explanation of military laws and Oregon Code of Military Justice to members of organized militia. (1) This section, ORS 398.006, 398.252 and 399.205 and the Oregon Code of Military Justice as described in ORS 396.128 shall be carefully explained to: (a) Every enlisted member at the time of enlistment or transfer or induction into, or at the time of an order to duty in or with any of the forces of the organized militia or within 30 days thereafter; and (b) Each unit of the organized militia on an annual basis. (2) A complete text of ORS chapter 398 and the Oregon Code of Military Justice, of ORS 399.205 and of the regulations issued by the Adjutant General under ORS 396.160 and 398.420 shall be made available to any member of the organized militia, upon request, for personal examination. [1961 c.454 §199; 2005 c.512 §31; 2013 c.81 §25] 399.520 Noncommissioned officers. All noncommissioned officers of the organized militia shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in military department regulations issued pursuant to ORS 396.305. The appointment of a noncommissioned officer may be terminated as prescribed by such regulations. [1961 c.454 §66]
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399.525 Discharges. (1) An enlisted person may be discharged from any force of the organized militia prior to the expiration of the term of enlistment under such conditions as may be prescribed by applicable federal and state laws and regulations. (2) An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by military department regulations issued pursuant to this chapter and ORS chapters 396 and 398. [1961 c.454 §67] 399.530 Dropping from rolls. When an enlisted person of the organized militia absents self without leave and there is reason to believe that the person does not intend to return, the person may be discharged in accordance with military department regulations issued pursuant to ORS 396.305. [1961 c.454 §68] PENALTIES 399.990 Penalties. Any person violating ORS 399.125 commits a Class B misdemeanor. [1961 c.454 §77; 1963 c.169 §8; 2011 c.597 §190]
CHAPTER 400
[Reserved for expansion] _______________
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TITLE 33 PRIVILEGES AND BENEFITS OF VETERANS AND SERVICE PERSONNEL Chapter 406. Department of Veterans’ Affairs 407. Veterans Loans 408. Miscellaneous Benefits for Veterans and Service Personnel
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Chapter 406 — Department of Veterans’ Affairs
2015 EDITION
DEPARTMENT OF VETERANS’ AFFAIRS BENEFITS OF VETERANS AND SERVICE PERSONNEL DEPARTMENT OF VETERANS’ AFFAIRS 406.005 Department of Veterans’ Affairs; duties; rules 406.010 Definition of “director” 406.020 Director of Veterans’ Affairs; appointment; confirmation 406.030 Administration of veterans’ laws 406.040 General powers and duties of department 406.050 Additional powers and duties of director or department; grants, donations and gifts;
rules; service charges Note Task Force on Incarcerated Veterans--2015 c.824 §§1,2 406.055 Authority of director to require fingerprints 406.060 Use of services and facilities of other state agencies 406.070 Director to qualify and furnish bond; reimbursement for expenses; location of office 406.072 Notice of application for public assistance; rules 406.073 Notice of application for certain items from Department of Transportation; rules 406.075 Oregon Women Veterans Coordinator 406.077 Lesbian, Gay, Bisexual and Transgender Coordinator 406.081 Suicide prevention campaign
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406.082 Veterans Suicide Prevention and Outreach Program; rules 406.083 Veterans Suicide Prevention and Outreach Program Fund 406.085 Conservatorship Revolving Account; sources; use 406.090 Sections not affected by parts of this chapter 406.100 Claims against estate by department 406.110 Waiver of claims; statute of limitations 406.120 Conservatorship Services Account; sources; use 406.130 Veterans’ Services Account; uses ADVISORY COMMITTEE 406.210 Function of advisory committee; appointment, qualifications and term of members;
chairperson; nominations by veterans organizations to fill vacancies 406.215 Additional duties of advisory committee 406.217 Duties of director concerning advisory committee 406.220 Meetings and reports 406.230 Compensation and expenses of members RELATIONS WITH VETERANS ORGANIZATIONS 406.310 Director authorized to aid veterans organizations 406.320 Qualification of veterans organization for state aid 406.330 Power to establish regulations for aid program 406.340 Director authorized to accept voluntary services COUNTY VETERANS’ SERVICE OFFICER PROGRAM 406.448 Definitions 406.450 Services provided by county veterans’ service officers 406.452 State certification program for veterans’ service officers; rules 406.454 Distribution formula; rules; use of funds
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406.456 Rules 406.458 Consultation with Association of Oregon Counties; outreach 406.460 Limitation on use of funds by county governing body; exceptions 406.462 Distribution of moneys by Director of Veterans’ Affairs 406.464 Volunteer veterans’ guides; duties; training WORLD WAR II MEMORIAL 406.505 World War II memorial; maintenance DEPARTMENT OF VETERANS’ AFFAIRS 406.005 Department of Veterans’ Affairs; duties; rules. (1) The Department of Veterans’ Affairs is established. (2) The department is under the supervision and control of a director appointed as provided in ORS 406.020. (3) The department is responsible for the administration of federal and state laws relating to veterans. (4) The department, with the advice of the Advisory Committee created under ORS 406.210, shall adopt rules that the department considers necessary to carry out the provisions of ORS chapters 406, 407 and 408 and ORS 88.710 to 88.740. [2005 c.625 §1; 2007 c.44 §1; 2009 c.41 §24] Note: 406.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.010 Definition of “director.” As used in this chapter, “director” means Director of Veterans’ Affairs. [Amended by 2005 c.22 §269] 406.020 Director of Veterans’ Affairs; appointment; confirmation. The Department of Veterans’ Affairs shall be under the supervision and control of the Director of Veterans’ Affairs. The Governor shall appoint the director subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The appointment may not be made without the written approval of the Advisory Committee provided for in ORS 406.210. The director shall be a veteran, chosen on the basis of executive and administrative ability. [Amended by 1973 c.792 §14; 2005 c.625 §5; 2009 c.41 §6] 406.030 Administration of veterans’ laws. (1) The Director of Veterans’ Affairs, in the performance of the duties of the director, shall organize and coordinate the administration of all
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present and future federal and state laws pertaining to veterans, their spouses, dependents and survivors in this state. (2) As used in this section, “survivor” means the spouse and dependents of a deceased veteran. [Amended by 1971 c.221 §1; 1985 c.790 §4; 1991 c.441 §5; 1999 c.45 §1; 2001 c.104 §140; 2005 c.625 §6; 2007 c.44 §2] 406.040 General powers and duties of department. The powers, authority and duties relating exclusively to veterans’ affairs now or hereafter imposed by law upon any officer or agency of this state, are hereby also granted to and imposed upon the Department of Veterans’ Affairs. Subject to ORS 406.090, the department shall be responsible for and shall supervise the administration of all such laws. The department may employ such personnel as may be necessary to carry into effect the purposes of this chapter and may prescribe the duties and responsibilities of all such employees. [Amended by 2005 c.625 §7; 2009 c.41 §7] 406.050 Additional powers and duties of director or department; grants, donations and gifts; rules; service charges. In addition to other powers and duties, the Department of Veterans’ Affairs is authorized: (1) To cooperate with officers and agencies of the United States in all matters affecting veterans’ welfare. (2) To accept monetary and nonmonetary grants, donations and gifts on behalf of this state from any person or governmental or nongovernmental entity. The department shall deposit with the State Treasurer all monetary grants, donations and gifts received. The State Treasurer shall credit the amounts deposited to a trust fund established for the purposes of this section. Moneys in the trust fund are continuously appropriated to the department and may be expended for the purposes specified in subsections (3), (4) and (5) of this section. Interest earned on the moneys in the trust fund established under this subsection shall accrue to the trust fund. (3) To expend all or any portion of a monetary grant, donation or gift for the purposes specified in the grant, donation or gift. (4) To expend moneys in the trust fund established under subsection (2) of this section as the department deems appropriate for purposes consistent with the department’s authority under Articles XI-A and XI-F(2) of the Oregon Constitution and under this chapter and ORS chapters 88, 273, 407 and 408 if: (a) The department determines that the purpose specified in the grant, donation or gift has been satisfied, has expired or is not feasible or appropriate; or (b) Expenditure of trust fund moneys is not limited by the specific terms of a specific grant, donation or gift. (5) To expend or otherwise dispose of a nonmonetary grant, donation or gift received by selling or otherwise converting a grant, donation or gift into moneys unless the sale or conversion is inconsistent with a limitation specified in the grant, donation or gift. Notwithstanding a specified limitation, the department may sell or otherwise convert a nonmonetary grant, donation or gift into moneys if the department determines that the limitation has been satisfied, has expired or is not feasible or appropriate. The department shall deposit the moneys realized from any sale or conversion under this subsection into the trust fund established in subsection (2) of this section. (6) If the department determines that the nature of a nonmonetary grant, donation or gift makes its use by the department, or its sale or conversion to moneys for use by the department
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not feasible or appropriate, to donate or otherwise transfer all or any portion of the nonmonetary grant, donation or gift to: (a) A person or governmental or nongovernmental entity that the department determines is engaged in serving veterans or veterans’ survivors or dependents. (b) A veteran or veteran’s survivor or dependent whom the department determines is in need of emergency assistance. (7) To act as agent or attorney in fact for any veteran and the dependents or beneficiaries of any veteran relating to rights under any federal or state law. (8) To act without bond as a fiduciary appointed by the United States Department of Veterans Affairs to manage the benefits and pay debts for: (a) A person who qualifies for benefits from the United States Department of Veterans Affairs; and (b) A dependent, an immediate family member, a survivor or a former spouse who has not remarried of a person who qualifies for benefits, or who qualified for benefits while alive, from the United States Department of Veterans Affairs, as those persons are defined by rule by the Department of Veterans’ Affairs. (9) To act without bond as a representative payee appointed by and under the rules of the United States Social Security Administration for any veteran and the dependents or beneficiaries of any veteran who receives federal Social Security or Supplemental Security Income benefits. (10) To act without bond as conservator of the estate of: (a) A person who qualifies for benefits from the United States Department of Veterans Affairs. (b) A dependent, an immediate family member, a survivor or a former spouse who has not remarried of a person who qualifies for benefits, or who qualified for benefits while alive, from the United States Department of Veterans Affairs, as those persons are defined by rule by the Department of Veterans’ Affairs. (11) On behalf of the State of Oregon, to extend such assistance as the department determines to be reasonably required to any veteran and to the dependents of any such veteran, in the prosecution of any claim before the United States Department of Veterans Affairs, or any other federal or state agency, the securing of employment or relief and any other benefits to which the veteran and the dependents of the veteran might be entitled. (12) To require and collect such reasonable service charges as the department determines, by rule, are necessary and expedient to carry out a duty, or to exercise a power or authority, conferred on the department by law. (13) To adopt rules and regulations with respect to all matters of administration to carry into effect the purposes of this section. [Amended by 1965 c.374 §1; 1967 c.172 §1; 1973 c.823 §127; 1987 c.425 §5; 1991 c.67 §94; 1995 c.106 §1; 1999 c.52 §1; 2001 c.102 §1; 2003 c.152 §1; 2005 c.625 §8; 2009 c.41 §8; 2009 c.602 §§1,1a; 2015 c.381 §1] Note: Sections 1 and 2, chapter 824, Oregon Laws 2015, provide: Sec. 1. Task Force on Incarcerated Veterans. (1) The Task Force on Incarcerated Veterans is established, consisting of eight members appointed as follows: (a) The President of the Senate shall appoint two members from among members of the Senate. (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.
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(c) The Director of Veterans’ Affairs shall appoint one representative from the Department of Veterans’ Affairs with expertise in services and benefits for incarcerated veterans. (d) The Director of the Department of Corrections shall appoint one representative from the Department of Corrections with experience with incarcerated veterans. (e) The Governor shall appoint two individuals who have been incarcerated veterans or who have had experience with incarcerated veterans. (2) The task force shall research, study and make recommendations regarding the following: (a) Outreach that may be done to incarcerated veterans with information about veterans’ benefits and other benefit programs that provide services and resources to incarcerated veterans; (b) Assistance that may be available for incarcerated veterans in applying for federal and state veterans’ benefits and aid to which incarcerated veteran may be entitled on account of the incarcerated veterans’ military service; (c) Assistance that may be available to incarcerated veterans in appealing any denial of veterans’ benefits or aid; (d) Informational materials that may be created for incarcerated veterans; (e) The process and recommendations for developing a comprehensive and coordinated statewide network of information and referral resources for incarcerated veterans; and (f) Recommendations for how the Department of Veterans’ Affairs may serve as a liaison for incarcerated veterans and incarcerated veterans issues with the Department of Corrections, reentry councils, the United States Department of Veterans Affairs and others. (3) A majority of the members of the task force constitutes a quorum for the transaction of business. (4) Official action by the task force requires the approval of a majority of the members of the task force. (5) The task force shall elect one of its members to serve as chairperson. (6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective. (7) The task force 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 task force may adopt rules necessary for the operation of the task force. (9) The task force shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim legislative committees with subject matter jurisdiction of veterans’ affairs no later than September 15, 2016. (10) The Department of Veterans’ Affairs shall provide staff support to the task force. (11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Department of Veterans’ Affairs for purposes of the task force. (12) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.824 §1] Sec. 2. Section 1 of this 2015 Act is repealed on December 31, 2016. [2015 c.824 §2]
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406.055 Authority of director to require fingerprints. (1) In addition to the powers and duties authorized under ORS 406.050, the Director of Veterans’ Affairs may, for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, require the fingerprints of a person who: (a) Is applying for employment with the Department of Veterans’ Affairs in a position described in subsection (2) of this section or is employed by the department but is being transferred, promoted or demoted to a position described in subsection (2) of this section; or (b) Provides goods or services or seeks to provide goods or services to or on behalf of the department as a contractor, subcontractor, vendor or volunteer, or as an employee, member or agent of a contractor, subcontractor, vendor or volunteer. (2) The director may request fingerprints of a person described in subsection (1) of this section who is in a position in which the person has: (a) 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; (b) Access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential; (c) Responsibility for payroll, billing, collections or other financial transactions or for purchasing or selling property; (d) Access to money, negotiable instruments or financial information of the department; (e) Mailroom duties; (f) Responsibility for auditing the department or other business entities doing business with the department; (g) Personnel or human resources functions or access to personnel information; (h) Access to Social Security numbers, dates of birth or criminal background information of other persons; (i) Access to tax or financial information of the department or persons employed by the department; or (j) Access to tax or financial information collected by the department about individuals or business entities. [2009 c.166 §1] Note: 406.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.060 Use of services and facilities of other state agencies. The Department of Veterans’ Affairs may utilize the services and facilities of any state agency in the course of administration of any law of this state enacted for the benefit and welfare of veterans and their dependents. All such agencies shall cooperate fully with the department in that regard and furnish such services and facilities when called upon by the department to do so. Neither the authority nor the duties referred to in this section shall be so exercised or performed as to impair the efficient administration of the laws applicable to any state agency. [Amended by 2005 c.625 §9; 2009 c.41 §9] 406.070 Director to qualify and furnish bond; reimbursement for expenses; location of office. The Director of Veterans’ Affairs shall qualify in like manner as other heads of state departments, and furnish a fidelity bond in an amount to be fixed by the Governor. The director
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shall be reimbursed for necessary expenses incurred in the performance of the duties as are other state officers. The director shall maintain the main office of the director at the state capital. [Amended by 1967 c.2 §3] 406.072 Notice of application for public assistance; rules. (1) As used in this section: (a) “Uniformed service” means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (b) “Written information” means information that is in written form and includes but is not limited to information obtained by electronic means, electronic mail, facsimile or other form of electronic communication. (2)(a) Subject to subsection (3) of this section and upon implementation or upgrade of an electronic delivery system that will enable the Department of Human Services to provide the notice required by this subsection in a cost-effective and efficient manner, the Director of Human Services shall notify the Director of Veterans’ Affairs within 30 days of receipt of written information from a member or veteran of a uniformed service who has applied for benefits or services under the following: (A) Temporary assistance for needy families program under ORS 412.001 to 412.069; (B) Assistance funded under Title IV-A of the Social Security Act as administered in this state by the Department of Human Services; (C) Supplemental Nutrition Assistance Program under ORS 411.806 to 411.845; (D) Oregon Health Plan; (E) Employment Related Day Care program administered by the Department of Human Services; (F) Programs and services for seniors and persons with disabilities administered by the Department of Human Services; and (G) Vocational rehabilitation services and programs administered by the Department of Human Services. (b) The notification required under this subsection is limited to notifying the Director of Veterans’ Affairs of the name and residence address or mailing address of the member or veteran. (c) The authorization of a member or veteran as required by subsection (3) of this section may be contained in the written information at the time it is received by the Department of Human Services or separately at another time but the authorization must specifically authorize the notification to be made under this subsection. (3) The Director of Human Services shall notify the Director of Veterans’ Affairs as required by subsection (2) of this section only when authorized to do so by the member or veteran of a uniformed service who submitted the written information. (4) The Department of Human Services, in consultation with the Department of Veterans’ Affairs, shall adopt rules to implement the provisions of this section including but not limited to the method of notification required under subsection (2) of this section. [2013 c.51 §1]
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Note: 406.072 and 406.073 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.073 Notice of application for certain items from Department of Transportation; rules. (1) As used in this section: (a) “Uniformed service” means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (b) “Written information” means information that is in written form and includes but is not limited to information obtained by electronic means, such as electronic mail, facsimile or other form of electronic communication. (2)(a) Subject to subsection (3) of this section, the Director of Transportation shall notify the Director of Veterans’ Affairs at least once a month regarding receipt of written information from a member or veteran of a uniformed service when the Department of Transportation receives the written information in connection with an application for: (A) A license under ORS 807.050; (B) An identification card under ORS 807.400; (C) A certificate of title under ORS 803.050; or (D) A vehicle registration under ORS 803.370. (b) The notification required under this subsection is limited to notifying the Director of Veterans’ Affairs of the name and residence address or mailing address of the member or veteran. (c) The authorization of a member or veteran as required by subsection (3) of this section may be contained in the written information at the time it is received by the department or separately at another time, but the authorization must specifically authorize the notification to be made under this section. (3) The Director of Transportation shall notify the Director of Veterans’ Affairs as required by subsection (2) of this section only if authorized to do so in writing by the member or veteran of a uniformed service. (4) The Department of Transportation, in consultation with the Department of Veterans’ Affairs, shall adopt rules to implement the provisions of this section, including but not limited to the method of notification required under subsection (2) of this section. [2013 c.647 §1] Note: See note under 406.072. 406.075 Oregon Women Veterans Coordinator. The position of Oregon Women Veterans Coordinator is created in the Department of Veterans’ Affairs. The responsibilities of the coordinator include, but are not limited to, all of the following: (1) Conducting outreach and providing assistance to women veterans and their spouses and dependents regarding veterans’ benefits and other benefit programs that provide services and resources to women veterans and their spouses and dependents.
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(2) Providing assistance in applying for federal and state veterans’ benefits and aid that women veterans and their spouses and dependents may be entitled to and helping to appeal any denial of benefits and aid. (3) Developing and distributing informational materials for women veterans and their spouses and dependents regarding veterans’ benefits and other benefit programs that provide services and resources to women veterans and their spouses and dependents. [2015 c.752 §1] Note: 406.075 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Note: Section 2, chapter 752, Oregon Laws 2015, provides: Sec. 2. No later than September 15, 2018, the Department of Veterans’ Affairs shall prepare and submit a report to the standing and interim committees of the Legislative Assembly that have authority over the subject area of veterans’ affairs regarding the implementation and status of the position of Oregon Women Veterans Coordinator in the department. The report shall include, at a minimum, information regarding the following: (1) The number of women veterans, and spouses and dependents of women veterans, served; (2) The type of assistance provided by the coordinator; (3) Recommendations for the improvement and expansion of the services provided by the coordinator; and (4) Recommendations for legislation. [2015 c.752 §2] Note: Sections 1 and 2, chapter 821, Oregon Laws 2015, provide: Sec. 1. (1) No later than July 1, 2016, the Department of Veterans’ Affairs shall enter into a contract to conduct a statewide study regarding the delivery and use of, and barriers to access to, health care and medical services for women veterans. The study must include: (a) A description of the type and availability of medical services for women veterans in this state; (b) Findings regarding accessibility, usage and barriers to accessibility and usage of medical services by women veterans in this state; and (c) Recommendations for legislative or other changes that may result in better delivery, accessibility and usage of medical services by women veterans. (2) No later than November 1, 2016, the department shall submit a report to the interim legislative committees that have authority over the subject area of veterans’ affairs regarding the study conducted in accordance with subsection (1) of this section. [2015 c.821 §1] Sec. 2. Section 1 of this 2015 Act is repealed on January 2, 2017. [2015 c.821 §2] 406.077. Lesbian, Gay, Bisexual and Transgender Coordinator. (1) The position of Lesbian, Gay, Bisexual and Transgender Coordinator is created within the Department of Veterans’ Affairs. (2) The duties of the Lesbian, Gay, Bisexual and Transgender Coordinator include, but are not limited to: (a) Conducting outreach to, and providing assistance designed for the unique needs of, veterans who are lesbian, gay, bisexual and transgender, and to the spouses and dependents of such veterans.
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(b) Providing assistance to veterans who are lesbian, gay, bisexual and transgender in applying for an upgrade to the character of a discharge from service or a change in the narrative reason for a discharge from service. (c) Providing assistance in applying for and obtaining veterans’ benefits and benefits available through other programs that provide services and resources to veterans who are lesbian, gay, bisexual and transgender, and to the spouses and dependents of such veterans. (d) Providing assistance to veterans who are lesbian, gay, bisexual and transgender in applying for, and in appealing any denial of, federal and state veterans’ benefits and aid that such veterans, and the spouses and dependents of such veterans, may be entitled to. (e) Developing and distributing informational materials to veterans who are lesbian, gay, bisexual and transgender, and to the spouses and dependents of such veterans, regarding veterans’ benefits and other benefit programs that provide services and resources to veterans who are lesbian, gay, bisexual and transgender, and to the spouses and dependents of such veterans. [2015 c.847 §1] Note: 406.077 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Note: Section 2, chapter 847, Oregon Laws 2015, provides: Sec. 2. No later than September 15, 2018, the Department of Veterans’ Affairs shall prepare and submit a report to the standing and interim committees of the Legislative Assembly that have authority over the subject area of veterans’ affairs regarding the implementation and status of the position of Lesbian, Gay, Bisexual and Transgender Coordinator created under section 1 of this 2015 Act [406.077]. The report must include, at a minimum, information regarding the following: (1) The number of veterans served; (2) The type of assistance provided; (3) Recommendations for the improvement and expansion of the services provided by the coordinator; and (4) Recommendations for legislative changes. [2015 c.847 §2] 406.080 [Amended by 1967 c.211 §9; 1987 c.652 §1; repealed by 1987 c.658 §3] 406.081 Suicide prevention campaign. (1) The Department of Veterans’ Affairs shall create and coordinate a public information campaign to inform public agencies and the public about suicide prevention, including but not limited to increasing knowledge and understanding about recognizing the signs of a potentially suicidal veteran and resources to which veterans who are potentially suicidal may be referred. (2) As used in this section: (a) “Public agencies” means the State of Oregon and any political subdivision thereof and any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter. (b) “Veteran” has the meaning given that term in ORS 408.225. [2013 c.779 §1]
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Note: 406.081, 406.082 and 406.083 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.082 Veterans Suicide Prevention and Outreach Program; rules. (1) The Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program is created in the Department of Veterans’ Affairs. The purposes of the program are to publicize veterans’ benefits, provide outreach regarding suicide prevention for veterans in this state and implement the provisions of ORS 406.081. (2) The department shall adopt rules to implement the provisions of this section. [2013 c.779 §3] Note: See note under 406.081. 406.083 Veterans Suicide Prevention and Outreach Program Fund. (1) The Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Department of Veterans’ Affairs Veterans Suicide Prevention and Outreach Program Fund shall be credited to the fund. The fund shall consist of: (a) Moneys appropriated to the fund by the Legislative Assembly. (b) Amounts credited to the fund under ORS 305.690 to 305.753. (c) Amounts credited to the fund under ORS 803.478. (d) Gifts, grants and donations, in money or otherwise, for use as described in subsection (2) of this section. (e) Interest earned by the fund. (2) Moneys in the fund are continuously appropriated to the Department of Veterans’ Affairs for the purposes of implementing the provisions of ORS 406.081 and 406.082. [2013 c.779 §4] Note: See note under 406.081. 406.085 Conservatorship Revolving Account; sources; use. The Conservatorship Revolving Account is created, separate and distinct from the General Fund, to provide for disbursement of funds for the beneficiary. Funds may also be disbursed from the Conservatorship Revolving Account to the Conservatorship Services Account in compensation for claims arising under ORS 406.100. The Conservatorship Revolving Account shall consist of all money received by the Department of Veterans’ Affairs as conservator, personal representative, fiduciary or representative payee. Disbursement from the account shall be made by the department. Interest earned by the account shall be credited to the account. [1965 c.374 §2; 1973 c.823 §128; 1987 c.425 §6; 1989 c.932 §3; 1989 c.966 §44; 2005 c.625 §10; 2007 c.218 §4; 2015 c.381 §2] 406.090 Sections not affected by parts of this chapter. The administration of ORS 273.035 to 273.051, 273.071, 273.161 to 273.175 and 408.710 to 408.740 shall in no way be affected by ORS 406.010 to 406.070, 406.210, 406.220 and 406.340, and such laws are excepted from the operation thereof. The Department of Veterans’ Affairs shall cooperate with the person or agency responsible for the administration of such laws, and shall render such reasonable
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assistance in that regard as may be requested by any such person or agency. [Amended by 1967 c.421 §201; 1967 c.616 §§28,28a; 2005 c.625 §11] 406.100 Claims against estate by department. If the Department of Veterans’ Affairs is appointed as a conservator under ORS 406.050, a personal representative under ORS 113.085, a fiduciary by the United States Department of Veterans Affairs or a representative payee by the United States Social Security Administration, the Department of Veterans’ Affairs shall have a claim against the estate of the protected person, the decedent, the veteran or the veteran’s beneficiaries for purposes of ORS 406.050 (8) or (9), for all of the following: (1) Reasonable expenses incurred by the department in the execution or administration of the estate. (2) After the appointment of the department as conservator, reasonable compensation for ordinary and unusual services, as set forth by rule by the department. (3) After the appointment of the department as personal representative, compensation as provided in ORS 116.173. (4) With prior approval by the court having probate jurisdiction over the estate, fees charged to the department by the Attorney General for advice or assistance in the performance of the department’s duties as conservator or personal representative of the estate. (5) After the appointment of the department as a fiduciary by the United States Department of Veterans Affairs, compensation as determined by the United States Department of Veterans Affairs. (6) After the appointment of the department as representative payee by the United States Social Security Administration, compensation as determined by the administration. [1987 c.425 §3; 2005 c.625 §12; 2013 c.258 §1; 2015 c.381 §3] 406.110 Waiver of claims; statute of limitations. (1) The Director of Veterans’ Affairs may waive all or any portion of a claim arising under ORS 406.100 if the director finds that payment of the claim, or a portion thereof, would pose a hardship to the person from whose estate the claim is payable, or would deplete the estate. (2) The director may retract a waiver made under subsection (1) of this section if the director finds that payment of the claim, or a portion thereof, would no longer pose a hardship to the person from whose estate the claim is payable, or would no longer deplete the estate. (3) The statute of limitations applicable to a claim under ORS 406.100, the waiver of which has been retracted under this section, is tolled for the period of time from the date the director waived the claim to the date the director retracted the waiver of the claim. [1987 c.425 §4; 2013 c.190 §2] 406.120 Conservatorship Services Account; sources; use. (1) The Conservatorship Services Account is established as a separate account within the Oregon War Veterans’ Fund. The Conservatorship Services Account shall consist of all moneys received by the Department of Veterans’ Affairs as payment of claims arising under ORS 406.100. (2) The moneys in the Conservatorship Services Account are continuously appropriated to the department for payment of expenses incurred while serving as conservator, personal representative, fiduciary or representative payee.
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(3) Moneys in the Conservatorship Services Account shall be held and set aside separately from the other moneys in the Oregon War Veterans’ Fund, but such account may be accounted for as part of the Oregon War Veterans’ Fund. [1989 c.932 §2; 2005 c.625 §13; 2015 c.381 §4] 406.130 Veterans’ Services Account; uses. There hereby is established in the General Fund of the State Treasury an account to be known as the Veterans’ Services Account. Moneys in the Veterans’ Services Account are continuously appropriated to the Department of Veterans’ Affairs and shall be used by the department for grants and services supplied to veterans by the department under ORS chapters 406 and 408, and for expenses of administration of such grants and services. [1987 c.658 §2; 2005 c.625 §14] ADVISORY COMMITTEE 406.210 Function of advisory committee; appointment, qualifications and term of members; chairperson; nominations by veterans organizations to fill vacancies. (1) The Governor shall appoint nine persons, all of whom are veterans as defined in ORS 408.225, to constitute the Advisory Committee and to act in an advisory capacity to the Director of Veterans’ Affairs concerning all matters upon which the director requests counsel. (2) The Governor shall make appointments to fill vacancies on the Advisory Committee. When a vacancy occurs, the Governor shall solicit and consider nominations from the executive committees of congressionally chartered veterans’ organizations that maintain an Oregon state headquarters. A list of not more than three persons nominated by each executive committee shall be submitted to the Governor within 30 days after the vacancy occurs or, if the vacancy is due to the expiration of a member’s term of office, not later than 30 days prior to the expiration of the member’s term. Organizations interested in participating in the nomination process shall report the current address of their state headquarters to the Director of Veterans’ Affairs. The director shall notify those organizations of any current or anticipated vacancy. (3) The term of office of a member of the Advisory Committee is four years, and a member may be reappointed upon expiration of the member’s term. However, a member of the Advisory Committee may not serve more than two consecutive terms. (4) After consultation with the Director of Veterans’ Affairs, the Advisory Committee shall select one committee member to act as chairperson of the Advisory Committee, subject to approval by the Governor. (5) Each participating congressionally chartered veterans’ organization shall furnish the director with a copy of its Congressional Charter including any subsequent amendments. [Amended by 1959 c.675 §1; 1975 c.603 §1; 1982 s.s.1 c.11 §8; 1991 c.798 §1; 2009 c.41 §18; 2009 c.206 §1] 406.215 Additional duties of advisory committee. In addition to any other powers and duties granted to the Advisory Committee by law, the Advisory Committee shall: (1) Work with the Director of Veterans’ Affairs to insure that the needs of the veterans and their dependents and survivors who reside in this state are recognized and addressed in a timely and effective manner. (2) Review current issues affecting veterans and their dependents and survivors who reside in this state and make recommendations relating to those issues.
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(3) Review current operations of the Department of Veterans’ Affairs and make recommendations to the director concerning the operation of any part of the department. (4) Make recommendations to the director for the establishment or revision of programs and entitlements for veterans. [1991 c.798 §2] 406.217 Duties of director concerning advisory committee. The Director of Veterans’ Affairs shall: (1) Solicit recommendations from the Advisory Committee on the administration of all federal and state laws affecting veterans, their spouses, dependents and survivors in this state. (2) Instruct members of the Advisory Committee concerning the operation of all veterans’ programs administered by the director. [1991 c.798 §3; 2007 c.44 §3] 406.220 Meetings and reports. The Advisory Committee shall meet within this state at least once each three months. At each such meeting the Director of Veterans’ Affairs shall report upon all matters concerning the administration of the office of the director, and shall request the advice and counsel of the committee on matters concerning the policy thereof. Each August the Advisory Committee shall report to the Governor on all matters which it deems pertinent concerning the administration of the office of the director during the preceding year, and concerning any specific matters previously requested by the Governor, and on the administration of ORS 406.010 to 406.070, 406.090 and 406.340. [Amended by 1957 c.25 §1] 406.230 Compensation and expenses of members. Each member of the Advisory Committee is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §33] RELATIONS WITH VETERANS ORGANIZATIONS 406.310 Director authorized to aid veterans organizations. From funds available to the office of the Director of Veterans’ Affairs for this purpose, the director, with advice from the Advisory Committee, is authorized to aid veterans’ organizations that have been accredited by the United States Department of Veterans Affairs and counties of the state, in connection with their respective programs of service to veterans. [Amended by 1991 c.67 §95; 2007 c.401 §1; 2009 c.41 §19] 406.320 Qualification of veterans organization for state aid. Organizations desiring to apply for benefits under ORS 406.310 shall submit to the Director of Veterans’ Affairs statements of their expenditures incurred in conducting their rehabilitation programs, in acting under power of attorney for veterans in connection with claims for benefits, in assisting veterans in prosecutions of their claims and in solution of problems arising out of previous military service. However, a veterans’ organization does not qualify for benefits under ORS 406.310 unless it has carried on a program of veterans’ rehabilitation work in Oregon for not less than two years immediately preceding. 406.330 Power to establish regulations for aid program. The Director of Veterans’ Affairs, with advice from the Advisory Committee, may adopt such procedural rules and regulations as the director deems advisable in making distribution of funds under ORS 406.310.
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The director shall also establish a general and uniform policy to be followed by the various organizations and counties in carrying out the work to which the state contributes aid under ORS 406.310. In establishing such policy the director shall give primary consideration to the rehabilitation of the greatest possible number of veterans in Oregon. To that end the director shall eliminate, insofar as possible, a duplication of effort and inefficient expenditure of money. [Amended by 2007 c.401 §2; 2009 c.41 §10] 406.340 Director authorized to accept voluntary services. In performance of the duties of the office of the Director of Veterans’ Affairs, the director may accept services voluntarily tendered by any person or organization, and may cooperate with the established service agencies and officers of any organization for the benefit and welfare of all veterans in this state and their dependents or beneficiaries. Insofar as practicable and consistent with the faithful performance of the director’s duties, the director shall avoid duplicating the efforts of voluntary service agencies and officers. [Amended by 2009 c.41 §11] 406.410 [1985 c.790 §1; 1991 c.67 §96; repealed by 2007 c.117 §1] 406.420 [1985 c.790 §2; repealed by 2007 c.117 §1] 406.430 [1985 c.790 §3; repealed by 2007 c.117 §1] COUNTY VETERANS’ SERVICE OFFICER PROGRAM 406.448 Definitions. As used in ORS 406.450, 406.452, 406.454 and 406.456: (1) “Survivor of a veteran” means the spouse or a dependent of a deceased veteran. (2) “Veteran” has the meaning given that term in ORS 408.225. [2007 c.357 §1; 2009 c.41 §12] Note: 406.448 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.450 Services provided by county veterans’ service officers. (1) The Director of Veterans’ Affairs shall establish a program to enhance and expand the services provided by county veterans’ service officers appointed under ORS 408.410. (2) The program shall: (a) Conduct outreach and provide veterans, spouses and dependents of veterans or survivors of veterans with: (A) Information regarding veterans’ benefit programs and other benefit programs; and (B) Assistance by trained representatives who are certified by the state in applying for all federal and state veterans’ benefits and aid to which veterans, spouses and dependents of veterans or survivors of veterans may be entitled on account of the veterans’ military service and in appealing any denial of veterans’ benefits or aid; (b) Develop and offer informational materials and training opportunities for county veterans’ service officers;
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(c) Develop a comprehensive and coordinated statewide network of information and referral resources for veterans, spouses and dependents of veterans or survivors of veterans; (d) Ensure that the receipt of veterans’ benefits or aid does not adversely impact other benefits or aid that a veteran, the spouse or dependent of a veteran or a survivor of a veteran may be receiving or may be eligible to receive; and (e) Facilitate coordination of computer systems to ensure the seamless transfer of information. [2005 c.836 §2; 2007 c.357 §2] 406.452 State certification program for veterans’ service officers; rules. The Director of Veterans’ Affairs may establish by rule a state certification program for veterans’ service officers appointed under ORS 408.410 and other individuals providing similar services to ensure their competency. The program curriculum shall provide the training and education necessary to allow veterans’ service officers and other individuals to assist veterans, spouses and dependents of veterans or survivors of veterans in applying for all federal and state veterans’ benefits and aid to which veterans, spouses and dependents of veterans or survivors of veterans may be entitled and in appealing any denial of veterans’ benefits or aid. The curriculum shall include, but need not be limited to, training and education in the following areas: (1) Applicable federal, state and local laws providing benefits or aid for veterans, spouses and dependents of veterans or survivors of veterans and other benefits or aid for which veterans, spouses or dependents of veterans or survivors of veterans may be eligible; (2) Skills necessary to provide quality representation and advocacy on behalf of veterans, spouses or dependents of veterans or survivors of veterans, including case preparation and handling of administrative hearings and appeals; (3) Effective communication skills; (4) Health care, human services and referral resources; and (5) Claims management. [2005 c.836 §3; 2007 c.357 §3; 2009 c.759 §2; 2015 c.531 §3] 406.454 Distribution formula; rules; use of funds. (1) The Director of Veterans’ Affairs shall adopt by rule a formula to distribute to county governing bodies funds appropriated to the director to enhance and expand the services provided by county veterans’ service officers appointed under ORS 408.410. In developing the distribution formula, the director shall consider factors that include, but need not be limited to: (a) The number of veterans residing in each county; (b) A base amount to be distributed equally among counties; (c) Retention by the Department of Veterans’ Affairs of the amount that would otherwise be distributed to a county governing body if the county governing body has not appointed a county veterans’ service officer; (d) Criteria for withholding funds from a county governing body; and (e) The purchase and coordination of a statewide computer system or other technology, or both, to facilitate efficient claims and appeals development and processing for veterans, spouses, dependents and survivors of veterans. (2)(a) Funds retained under subsection (1)(c) of this section must be used to provide veterans’ services in a county not providing a county veterans’ service officer in a manner deemed appropriate by the director until such time as the county appoints or reinstates a county veterans’ service officer. (b) Funds retained under subsection (1)(c) and (d) of this section may be spent on:
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(A) Training costs of veterans’ service officers and other individuals providing similar services; and (B) Providing veterans’ services to veterans, spouses, dependents and survivors of veterans as deemed appropriate by the director. [2005 c.836 §4; 2007 c.357 §4; 2013 c.730 §3] Note: Section 6, chapter 730, Oregon Laws 2013, provides: Sec. 6. No later than February 28, 2017, the Secretary of State, the Director of Veterans’ Affairs and the Director of the Department of Revenue shall each submit a report in the manner provided in ORS 192.245 to the Senate Committee on Rules and the House Committee on Rules. Each report submitted pursuant to this section shall describe the experience of the respective agency in implementing the respective provisions of this 2013 Act and may include recommendations for legislation. [2013 c.730 §6] 406.456 Rules. The Director of Veterans’ Affairs shall adopt rules to implement ORS 406.450, 406.452 and 406.454. The rules shall include, but need not be limited to: (1) Development and implementation of a distribution formula; (2) Establishment of reporting and data collection requirements for county veterans’ service officers including, but not limited to, the number of interviews conducted, the number of veterans, spouses and dependents of veterans or survivors of veterans served by the program, the number of claims filed, the outcomes of claims filed and the outreach activities conducted; and (3) Establishment of service outcomes for county veterans’ service officers. [2005 c.836 §5; 2007 c.357 §5] 406.458 Consultation with Association of Oregon Counties; outreach. (1) The Director of Veterans’ Affairs shall carry out the provisions of ORS 406.450, 406.452, 406.454 and 406.456 and subsection (2) of this section in consultation with the Association of Oregon Counties. (2) The Department of Veterans’ Affairs shall conduct outreach to, and cooperate and coordinate with, cities, counties, community organizations, persons and organizations offering volunteer services under ORS 406.340 and any other person or organization to provide services and assistance described in ORS 406.450 (2) through alternative means and resources, including the media, in addition to the county veterans’ service officers program established under ORS 406.450. (3) The department shall make the informational materials and training opportunities described in ORS 406.450 (2)(b) available to the cities, counties, community organizations, persons and organizations described under subsection (2) of this section. [2005 c.836 §8; 2013 c.779 §2] Note: 406.458 to 406.462 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.460 Limitation on use of funds by county governing body; exceptions. (1) A county governing body that receives funds under ORS 406.454 may not use the funds to supplant moneys appropriated by the county governing body for county veterans’ service officers. (2)(a) Notwithstanding subsection (1) of this section, if a county governing body reduces appropriations to county programs, the county governing body may reduce the amount of
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moneys appropriated for county veterans’ service officers by an amount not greater than the average percentage reduction imposed on all county programs for the same period of time. (b) A county governing body that reduces the amount of moneys appropriated for county veterans’ services officers under paragraph (a) of this subsection shall certify to the Director of Veterans’ Affairs that the amount of the reduction is not greater than the average percentage reduction imposed on all county programs for the same period of time. (3) Notwithstanding subsection (1) of this section, if the amount of moneys distributed to a county governing body by the Director of Veterans’ Affairs to enhance and expand the services provided by county veterans’ service officers appointed under ORS 408.410 for biennia beginning after June 30, 2007, is less than the amount of moneys distributed to the county governing body for the 2005-2007 biennium, the county governing body may reduce the amount of moneys appropriated by the county governing body for county veterans’ service officers by an amount not greater than the same percentage of reduction. [2005 c.836 §6] Note: See note under 406.458. 406.462 Distribution of moneys by Director of Veterans’ Affairs. (1) Moneys appropriated to the Director of Veterans’ Affairs for the purposes described in ORS 406.450 must be distributed to county governing bodies and expended for the purposes of ORS 406.450 and may not be used to supplant moneys currently budgeted by the director for services provided by county veterans’ service officers. (2) Notwithstanding subsection (1) of this section, the director may reduce the amount of moneys distributed to county governing bodies for county veterans’ service officers if there is a decrease in the amount of General Fund revenues appropriated to the director for the purposes described in ORS 406.450 for the same period of time. [2005 c.836 §7] Note: See note under 406.458. 406.464 Volunteer veterans’ guides; duties; training. (1)(a) The county governing body in each county may appoint one or more volunteer veterans’ guides to provide support services and assistance to veterans, spouses and dependents of veterans, and survivors of veterans, within the county. (b) The Department of Veterans’ Affairs may appoint one or more volunteer veterans’ guides to provide support services and assistance to veterans, spouses and dependents of veterans, and survivors of veterans, whom the department serves. (2) A volunteer veterans’ guide shall provide volunteer services under the direction of: (a) The county veterans’ service officers appointed under ORS 408.410, as described in ORS 406.450; or (b) The Department of Veterans’ Affairs, as appropriate. (3) The duties of a volunteer veterans’ guide may include, but are not limited to: (a) Developing and maintaining relationships with the local community and local service providers for veterans; (b) Assisting and referring veterans to county and local providers of support services and programs for food, shelter and health care within the county; (c) Assisting county veterans’ service officers or state veterans’ service officers in developing, planning and implementing outreach to local veterans; and
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(d) Assisting county veterans’ service officers or state veterans’ service officers by providing administrative services, including handling of telephone calls, scheduling client appointments, greeting clients, doing client intake, distributing materials, doing mailings, and handling, scanning and copying of documents and files. (4) The county governing body or the department, as appropriate, shall: (a) Conduct a fingerprint-based criminal records check on an applicant for a volunteer veterans’ guide position prior to appointing the person to the position; and (b) Require the volunteer veterans’ guide to sign an oath of confidentiality relating to all information received by the guide that relates to clients and applicants or recipients of veterans’ benefits or public assistance, including but not limited to names, addresses, telephone numbers, and personal, financial and medical information. (5) The volunteer veterans’ guide shall serve as a volunteer and receive no compensation. The county or the department, as appropriate, may reimburse the volunteer veterans’ guide for expenses, may provide the guide with business cards bearing the county’s or the department’s official logo and may provide the guide with office space and equipment, if available or necessary. Expenditures made pursuant to this subsection, if any, must be made from the county funds described in ORS 408.720 or the department’s funds, as appropriate. (6) The department may provide training for volunteer veterans’ guides and county veterans’ service officers on implementation of this section and offer opportunities for sharing innovative practices and ideas. (7) As used in this section: (a) “Survivor” means the spouse or a dependent of a deceased veteran. (b) “Veteran” has the meaning given that term in ORS 408.225. [2015 c.574 §1] Note: 406.464 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 406.500 [2011 c.463 §1; repealed by 2015 c.531 §1] WORLD WAR II MEMORIAL 406.505 World War II memorial; maintenance. (1) The World War II memorial constructed in the Capitol Mall in the City of Salem, Marion County, is an outright permitted use without taking an exception under ORS 197.732 to the statewide land use planning goals or changing the acknowledged comprehensive plan or land use regulations of Marion County. (2) The Department of Veterans’ Affairs shall maintain the finished memorial. [2011 c.463 §2; 2015 C.531 §4] Note: 406.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 407 — Veterans Loans
2015 EDITION
VETERANS LOANS BENEFITS OF VETERANS AND SERVICE PERSONNEL GENERAL PROVISIONS 407.075 Purpose; legislative intent 407.085 Definitions 407.087 Definition of “veteran” 407.095 Policy against foreclosure; rules 407.115 Administration of loan program; rules 407.125 Loans to qualified person 407.131 Discount of principal; rules 407.135 Authority of department; disposition of certain moneys 407.145 Purchase and control of property; disbursements to protect security 407.155 Execution and custody of documents 407.165 Authority to hold certain funds received from borrower 407.169 Escrow accounts; standards; interest; rules 407.177 Loan processing and servicing contracts with lending institutions; terms; procedures 407.179 Additional powers delegated to lending institution; authority retained by department 407.181 Authority of lending institution 407.185 Cash flow projection; annual review; report 407.195 Loans not being amortized; identification; notice to borrowers 407.201 Required disclosure of credit information and loan terms
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LOAN PROCEDURES AND CONDITIONS 407.205 Application for loan; amount of loan; limit on number of loans 407.215 Loan transferred by annulment or dissolution judgment excluded in determining
maximum allowable 407.225 Investigation and processing of loan application; security; maximum amounts of
loans 407.265 Loans for home or farm improvements; terms and conditions 407.275 Terms of loan to veteran and transferee 407.285 Rate of interest payable by certain transferees 407.295 Transfer to spouse; notice to department; notice of delinquent payment 407.305 Assumption of previous loan by eligible veteran; additional funds; maximum amount 407.315 Interest rate for veteran’s assumption; variable rate; effect of rate on cash flow; rules 407.325 Rate of interest on loans 407.327 Department to prescribe fixed or variable interest rates 407.335 Rate of interest payable by transferee; limit on transfers; rules 407.349 Late charges authorized for periodic payments 407.375 Sale of foreclosed properties; improvement in lieu of down payment; interest rate;
redemption of property; rules 407.377 Sale or management of foreclosed property under personal services contract 407.385 Prohibition against using loan for purpose other than farm or home acquisition;
prompt use of farm or home as principal residence; extension; exception; penalty GENERAL OBLIGATION BONDS 407.415 Issuance of bonds 407.425 Factors considered before requesting bond issuance 407.435 Issuance of bonds for tax payment; conditions; term LIFE AND MORTGAGE INSURANCE
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407.465 Loan cancellation life insurance 407.475 Persons insurable under ORS 407.465 407.480 Definitions for ORS 407.480 to 407.490 407.485 Agreements for mortgage insurance; terms; amount; required coverage 407.490 Mortgage insurance claims; liability of department FINANCES 407.495 Oregon War Veterans’ Fund; sources; uses 407.505 Loan moneys to be reserved for borrower prior to loan commitment 407.515 Oregon War Veterans’ Bond Sinking Account; sources; use 407.525 Transfer of sinking account moneys to veterans’ fund; retransfer 407.555 Auditing and payment of claims 407.565 Revolving account MISCELLANEOUS 407.595 Loans not subject to execution or assignment GENERAL PROVISIONS 407.075 Purpose; legislative intent. (1) The provisions of this chapter are intended to carry out the purposes of Article XI-A of the Oregon Constitution. The Legislative Assembly recognizes that its authority to define the scope and purpose of this chapter is limited by the purposes expressed in Article XI-A. (2) The primary purpose of this chapter is to provide loan funds to qualifying Oregon veterans for the acquisition or improvement of farms and homes. The Legislative Assembly does not intend, by any past or present enactment, to establish as a principal purpose of this chapter the providing of subsidized energy financing. [1983 c.445 §9] Note: 407.075 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 407 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 407.085 Definitions. (1) As used in Article XI-A, Oregon Constitution, and this chapter, for the purposes of administration: (a) “Acquisition” means: (A) Purchase and improvement of a home or farm.
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(B) Payment of the balance of the purchase price and interest on a purchase contract, and the improvement of property thereby acquired. (C) Refinance of an existing purchase-money mortgage or mortgage in the nature thereof, and the improvement of property thereby purchased. (D) Improvement of a home or farm. (b) “Bonds” includes, but is not limited to, serial bonds, term bonds, notes, obligations, lines of credit, revolving credit agreements, loans, financing agreements or other evidence of indebtedness determined by the Department of Veterans’ Affairs, with the approval of the State Treasurer, to be necessary or desirable to provide funds for the purposes expressed in Article XI-A of the Oregon Constitution. (2) As used in this chapter: (a) “Committee” means the Advisory Committee provided for by ORS 406.210. (b) “Home” means any residential-type structure, including outbuildings and the real property in connection with it, if any, including long-term leaseholds, which is established, maintained and used primarily as a principal residence by the veteran. (c) “Improvement” means new construction or any necessary or beneficial additions, alterations or changes appurtenant to the home or farm which protect or improve the basic livability or energy efficiency of the premises. (d) “Mobile home” means a structure, transportable in one or more sections, which is 10 feet or more in width, and contains more than 500 square feet of living space figured on exterior dimensions of the structure, exclusive of any hitch and is designed to be used as a dwelling by one family, and which remains as personal property under the laws of this state. [Formerly 407.010; 2001 c.98 §5; 2005 c.625 §15] 407.087 Definition of “veteran.” (1) As used in Article XI-A, section 3, of the Oregon Constitution, “veteran” means a person who: (a) Served on active duty with the Armed Forces of the United States: (A) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released from active duty under honorable conditions; (B) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (C) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; (D) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or (E) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions; (b) Received a combat, expeditionary or campaign ribbon or medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; or (c) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs. (2) As used in subsection (1) of this section, “honorable conditions” has the meaning given that term in rules adopted by the Department of Veterans’ Affairs. [Formerly 407.090 (Reassigned)]
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Note: 407.087 [formerly 407.090 (Reassigned)] was enacted into law but was not added to or made a part of ORS chapter 407 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation. 407.095 Policy against foreclosure; rules. (1) It is the policy of the State of Oregon to make every reasonable attempt to keep a veteran in the home purchased under the loan program when the veteran is unable to make required loan payments because of illness, injury, death, involuntary job loss or economic stress due to factors beyond individual control. The Department of Veterans’ Affairs, by rule, shall implement such state policy. Rules adopted by the department under this section: (a) May provide for a temporary reduction of loan payment. (b) May provide for any other solution jointly agreed to by the borrower and the department. (c) Shall provide for repayment of the amount of any loan payments reduced under the rules in accordance with terms and conditions agreed upon by the borrower and the department. (2) In reducing loan payments under this section, the department must consider the effect of such reduction on the solvency of the program as a whole, on estimates of the most probable financial position of the program for one or more future periods, the condition of the tax exempt bond market, and the effect on other borrowers in the program. [1982 s.s.1 c.11 §3; 2005 c.625 §16] 407.115 Administration of loan program; rules. The Department of Veterans’ Affairs shall administer the provisions of ORS 407.125, 407.165, 407.205, 407.275, 407.415, 407.495 and 407.515 to 407.565. The department may adopt all necessary rules not inconsistent with those sections to carry into effect their provisions. The department may appoint assistants and agents necessary to expeditious and efficient administration and fix their compensation. [Formerly 407.020; 2005 c.625 §17] 407.125 Loans to qualified person. All moneys in the Oregon War Veterans’ Fund created by ORS 407.495 may be advanced by the Department of Veterans’ Affairs as loans to any person qualified for loans under the provisions of section 3, Article XI-A, Oregon Constitution, for the acquisition of farms and homes, as provided in ORS 407.115, 407.165, 407.205, 407.275, 407.415, 407.495 and 407.515 to 407.565 and not otherwise. [Formerly 407.030; 1991 c.798 §6; 1995 c.238 §3; 2005 c.625 §18] 407.131 Discount of principal; rules. The Department of Veterans’ Affairs, by rule, may discount a portion of the principal payable to the department in connection with a home or farm loan or in connection with a purchase contract for a home or farm if such action results in economic benefit to the home and farm loan program after considering the time value of money. [1987 c.509 §4; 2005 c.625 §19] 407.135 Authority of department; disposition of certain moneys. The Department of Veterans’ Affairs is authorized and empowered, in the name and in behalf of the state to commence and prosecute to judgment all suits, actions and proceedings necessary to protect the interest of the state; to bid in property offered for sale under such proceedings and to acquire title to property for and in behalf of the state as a result of such proceedings; to accept deeds from borrowers in lieu of foreclosure; to sell, transfer, convey, lease or assign any property acquired
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by the department for and in behalf of the state; to make repairs and improvements or alterations; to pay taxes, liens and charges of every kind superior to the lien of the state; and otherwise to administer such property in such manner as the department deems to the best interest of the state. All money received by the department from the sale, leasing or other disposition of any property shall be paid over to the State Treasurer and deposited in the Oregon War Veterans’ Bond Sinking Account. [Formerly 407.080; 1987 c.652 §3; 2003 c.576 §439; 2005 c.625 §20] 407.145 Purchase and control of property; disbursements to protect security. (1) The Department of Veterans’ Affairs may acquire property by purchase when the acquisition of such property is necessary to protect the interest of the state because of default in repayment of loans made in accordance with ORS 407.125 or statutes supplementary thereof. The department shall exercise control of all the property while the title remains vested in the state. (2) The department may take any action and make disbursements as may be necessary to protect the securities for loans acquired under this chapter. Any disbursement so made shall be added to the amount due from the borrower and shall bear interest at the rate then fixed for home improvement loans under ORS 407.325 or at the rate on the existing loan, whichever is higher. Any such disbursement shall be made only upon order of the department. (3) Funds for the protection of security may be disbursed from the Oregon War Veterans’ Fund including the Oregon War Veterans’ Bond Sinking Account as the department shall determine. [Formerly 407.090 (Original); 1987 c.131 §1; 1987 c.652 §4; 1997 c.214 §1; 2005 c.625 §21] 407.155 Execution and custody of documents. All deeds, leases, contracts, releases of mortgages and other instruments necessary or proper in the administration of this chapter shall be executed in behalf of the state by the Department of Veterans’ Affairs and shall be acknowledged by the department; and all deeds, mortgages, notes, insurance policies, abstracts and other instruments, documents and papers delivered to the department in the administration of those sections shall be kept in the custody of the department. [Formerly 407.100; 2005 c.625 §22] 407.165 Authority to hold certain funds received from borrower. The Department of Veterans’ Affairs may receive and hold for future disposition conditional payments from borrowers who have executed mortgages and security instruments under authority of ORS 407.225, indemnities for fire losses on secured property, and such other sums as must be held by the department in suspense pending further or final disposition thereof. Said funds shall be deposited in the State Treasury in the revolving account authorized by ORS 407.565 until they can be properly applied to the purposes for which they were paid to and received by the department. [Formerly 407.120; 2005 c.625 §23] 407.169 Escrow accounts; standards; interest; rules. (1) The Department of Veterans’ Affairs shall make escrow accounts available to current and future borrowers and contract purchasers in connection with loan agreements and purchase contracts made under this chapter. (2) Escrow accounts established under this section shall be consistent with general lending and servicing standards for real estate loan agreements in this state and with the standards used by the United States Department of Veterans Affairs and the Federal Housing Administration.
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(3) Notwithstanding ORS 86.245 (5) and (7), the Department of Veterans’ Affairs shall pay interest to a borrower or contract purchaser on funds deposited in the escrow account for the borrower or contract purchaser in the manner and at the rate of interest described in ORS 86.245 (1) to (4). (4) The department shall adopt such rules as the department considers necessary to establish criteria for implementation of this section. (5) As used in this section, “escrow account” means any account which is part of a real estate loan agreement or purchase contract, whether incorporated into the agreement or contract or as part of a separately executed document, whereby the borrower makes periodic prepayment to the department of estimated property taxes, and the department pays the charges out of the account at the due dates. [1989 c.580 §2; 1995 c.182 §4; 2005 c.625 §24] 407.177 Loan processing and servicing contracts with lending institutions; terms; procedures. (1) When the Department of Veterans’ Affairs considers such contracts necessary to improve the financial condition of the loan program conducted under this chapter, the department is authorized to enter into contracts with lending institutions under which the lending institutions may provide any of the following services: (a) Processing of new loans and purchase contracts; and (b) Management and servicing of new loans and purchase contracts. (2) Contracts entered into by the department under this section may provide that the lending institution: (a) Receive applications for loans for the acquisition of homes or farms under this chapter; (b) Immediately investigate and process an application for a loan as provided by law; and (c) For approved loans or contracts, if requested by the department, service the loan or purchase contract for a period of time specified by the department. (3) When a lending institution, pursuant to a contract authorized by this section, receives an application for a loan for the acquisition of a manufactured home, as defined in ORS 197.295, the lending institution shall investigate and process the application in the manner prescribed in the contract between the lending institution and the department. (4) When a lending institution, pursuant to a contract authorized by this section, investigates and processes a loan application that it considers eligible for approval under this chapter, the lending institution shall notify the department and state the reasons why the loan may be approved under this chapter. The department shall retain final authority to approve or disapprove the loan. If the department disapproves the loan, the department shall notify the lending institution and the applicant of the disapproval and shall indicate the reasons for the disapproval. When the department is satisfied that all requirements for approval of a loan have been met by the applicant and the lending institution and that the property offered as security for the loan protects the interests of the state, the department shall transfer to the lending institution an amount of money from the Oregon War Veterans’ Fund equal to the loan amount approved by the department. The lending institution shall disburse the money in the manner prescribed by the department. The lending institution shall record the mortgage, trust deed, contract or other security agreement relating to the loan and then shall forward all the original loan documents to the department. (5) All moneys received by a lending institution as payments on principal and interest for loans made under this chapter shall be paid to the department in accordance with the terms of the contract between the department and the lending institution.
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(6) The department and lending institution shall mutually agree upon the compensation to be paid to the lending institution for services performed under a contract authorized by this section. Such compensation may be a fixed annual payment or a percentage of the amount of each loan or purchase contract processed or serviced by the lending institution under the contract. (7) Contracts entered into under this section are exempt from the requirements of the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C regarding personal services contracts. (8) As used in this section, “lending institution” means an entity that is licensed to conduct business in the State of Oregon exclusively or in part as a mortgage lender or a conduit for mortgage loans and that, in the judgment of the department, is capable of meeting the needs of the department in carrying out this chapter. [1989 c.746 §2; 1993 c.35 §1; 1995 c.238 §4; 1997 c.802 §18; 1999 c.50 §1; 2003 c.794 §273; 2005 c.625 §§25,26] 407.179 Additional powers delegated to lending institution; authority retained by department. In addition to the powers described in ORS 407.177, the Department of Veterans’ Affairs also may delegate by contract to a lending institution any of the powers granted to the department in ORS 407.165 and 407.225. The department shall retain final authority to approve or disapprove loans and interpret the duties and responsibilities of borrowers under this chapter. [1989 c.746 §4; 1995 c.238 §5; 2005 c.625 §27] 407.181 Authority of lending institution. In exercising the authority granted to it by ORS 407.177 to 407.181, a lending institution shall perform only the services that are delegated to it by contract entered into under ORS 407.177, and shall comply with the terms of the contract and applicable laws. [1989 c.746 §3] 407.185 Cash flow projection; annual review; report. In addition to, and not in lieu of, the audit required by ORS 297.210 the Department of Veterans’ Affairs may contract with an independent public accountancy organization for a review of the cash flow projection for the loan program established under this chapter and Article XI-A of the Oregon Constitution and of the assumptions used in developing that projection. The review shall be conducted in accordance with the review guidelines developed by the American Institute of Certified Public Accountants (AICPA). Such contract shall require a written report, copies of which shall be provided to the Governor, the Secretary of State, the State Treasurer, the President of the Senate, and the Speaker of the House of Representatives by the department no later than December 31 of each year. Payment for the services required under the contract shall be paid from funds appropriated for the administration of the department. [1982 s.s.1 c.11 §4; 1989 c.489 §1; 1997 c.35 §1; 1999 c.322 §38; 2005 c.625 §28] 407.195 Loans not being amortized; identification; notice to borrowers. (1) The Director of Veterans’ Affairs shall identify each farm or home loan made under this chapter with moneys from the Oregon War Veterans’ Fund which, at the current rate of payment by the borrower, is not being amortized or will not be fully amortized by the agreed to date. (2) The director shall notify each borrower making payments on a loan identified under subsection (1) of this section that, at the current rate of payment, the loan principal will not be fully paid by the final payment date. The notice shall also include:
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(a) The current principal balance. (b) The current monthly principal and interest payment. (c) The estimated monthly principal and interest payment necessary to reduce the principal balance to zero by the agreed to date. (d) The estimated time remaining until the obligation is fully paid at the current payment level and the difference between that time and the agreed to date. (3) The notice required under this section shall be made a part of the annual statement to borrowers for the calendar year 1989 and thereafter. [1987 c.652 §22] 407.201 Required disclosure of credit information and loan terms. (1) When making a loan or otherwise extending credit under this chapter with moneys from the Oregon War Veterans’ Fund, the Department of Veterans’ Affairs shall comply with Title I (Truth in Lending Act) of the Consumer Credit Protection Act, as amended (15 U.S.C. 1601 et seq.) in the same manner required for a bank or national bank, as defined in ORS 706.008, when the bank extends credit in a transaction in which a security interest in real property is or will be acquired. (2) In addition to the requirements of subsection (1) of this section, the department shall notify each person seeking to acquire a home or farm under this chapter, prior to the signing of a loan agreement or contract, of the variable interest rate provisions of ORS 407.275, 407.315, 407.325 and 407.335. Information required to be disclosed under this subsection includes a history of the interest rate increases on loans during the preceding 10 years and an estimate of the financial effect that an increase of one percent in the interest rate will have on the borrower’s obligation under the mortgage, contract or other security agreement. [1987 c.652 §20; 1997 c.631 §470; 2005 c.625 §29] LOAN PROCEDURES AND CONDITIONS 407.205 Application for loan; amount of loan; limit on number of loans. (1) Applications for loans for acquisition of a home or farm under this chapter shall be made to the Department of Veterans’ Affairs. A loan made under this section, exclusive of funds disbursed under ORS 407.145 (2) and 407.275 (4), may not exceed the maximum original principal balance permitted on a single-family first mortgage loan by the Federal National Mortgage Association, as published in its announcements and subsequently included in its Selling Guide, at a rate of interest provided by ORS 407.325. An eligible individual may not receive or, under ORS 407.305, assume more than four loans under this chapter. An applicant may not borrow more than the maximum amount allowed for a loan under this section, except that when a loan is made on property that is destroyed by fire or other natural hazard, taken through condemnation or lost or disposed of for a compelling reason devoid of fault on the part of the applicant and when the loan is repaid or the property is transferred by deed or otherwise, the loan may be excluded from consideration in computing the maximum loan amount allowable. However, the loan right provided in this section may be restored not more than once while an unrepaid balance remains on a previous loan granted to the applicant. (2) For the purposes of this section, an applicant owns a home when the applicant has fee simple title to the home or is the purchaser of the home under a contract of sale or other instrument of sale. Earnest money or preliminary sales agreements, options or rights of first refusal are not contracts or instruments of sale under this subsection.
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(3) As used in this section, “home” includes mobile homes and houseboats. [Formerly 407.040; 1989 c.677 §5; 1991 c.67 §97; 1993 c.192 §1; 1997 c.36 §1; 1999 c.41 §1; 2005 c.625 §30; 2007 c.43 §1; 2013 c.227 §1; 2014 c.30 §1] 407.215 Loan transferred by annulment or dissolution judgment excluded in determining maximum allowable. No applicant is entitled to borrow more than the maximum amount allowed under ORS 407.205 other than for reasons specified in ORS 407.205 except that when the property on which the loan was made becomes the property of the applicant’s spouse as a result of a judgment declaring a marriage void or dissolved and the loan is repaid or remains unrepaid and there is an assumption of primary liability on the loan by a party, such loan may be excluded from consideration in computing the maximum loan allowable under ORS 407.205. [Formerly 407.045; 2003 c.576 §440] 407.225 Investigation and processing of loan application; security; maximum amounts of loans. (1) When the Department of Veterans’ Affairs receives an application pursuant to ORS 407.205, the department shall immediately investigate and process it as provided by law. The security for the loan shall consist of the property to be acquired by the veteran as a home or a farm. The security shall be secured by a mortgage or security agreement in the full amount of the loan which mortgage or security agreement shall be either a first lien or a lien insured by mortgagee’s title insurance against loss from any prior encumbrance. The department may make subsequent loans for improvements to the security if there are no intervening liens between the first lien of the department created under this section and the recorded liens upon the security securing repayment of such subsequent improvement loans. Such consecutive liens, for the purposes of this chapter, shall be deemed collectively as a first lien upon the security. The mortgage or security agreement shall provide that the borrower, or any subsequent owner of the secured property, may pay all or any part of the loan at any time without penalty. (2) A mobile home shall be secured by a security agreement in the full amount of the loan and the department shall perfect a security interest in favor of the State of Oregon. The security agreement shall provide that the borrower or any subsequent owner of the mobile home, may pay all or any part of the loan at any time without penalty. The security agreement shall provide for immediate acceleration of the unpaid balance of the loan if the mobile home is moved from the original site listed in the security agreement without first obtaining the written consent of the department. The security agreement shall also provide that removal of the mobile home to a site outside of this state shall constitute an act of default and result in immediate acceleration of the unpaid balance of the loan. (3) Loans may not exceed: (a) The maximum loan-to-value ratio or combined loan-to-value ratio permitted by the United States Department of Veterans Affairs for its Home Loan Guaranty Program (38 U.S.C. 3701 et seq.; 38 C.F.R. part 36); (b) 85 percent of the net appraised value on homes that are not real property; and (c) 90 percent of the net appraised value on farms that are real property. [Formerly 407.050; 1985 c.296 §3; 1997 c.214 §2; 2003 c.49 §1; 2005 c.20 §1; 2005 c.625 §31; 2013 c.228 §1] 407.265 Loans for home or farm improvements; terms and conditions. (1) An applicant for a loan solely for the improvement of a home or farm may receive the loan if: (a) The applicant has not previously received a loan under this chapter;
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(b) The applicant has received a loan under this chapter for the acquisition of that home or farm for which there is an unpaid balance and repayment has been satisfactory; or (c) The applicant has previously received a loan under this chapter and there is no unpaid balance remaining on that loan. (2) Any loan made to an applicant who qualifies under subsection (1)(b) of this section for a loan solely for the improvement of a home or farm may be added to the amount due from the applicant and shall bear interest at the rate prescribed in ORS 407.325. [Formerly 407.065; 1987 c.221 §1; 1997 c.214 §3] 407.275 Terms of loan to veteran and transferee. (1) Loans may be made bearing interest at the rate per annum prescribed as provided by ORS 407.325. Loans may be amortized over a period of not more than 40 years for homes other than mobile homes. Loans for mobile homes may be amortized over a period not exceeding the expected life of the mobile home, as determined by the Department of Veterans’ Affairs. The limitations contained in this subsection do not preclude the department from later extending the amortization period. (2) If the ownership of the secured property is transferred by deed or otherwise to anyone other than a veteran eligible for a loan under this chapter and Article XI-A of the Oregon Constitution, the veteran’s surviving spouse or unremarried former spouse, the veteran’s surviving child or stepchild, another veteran eligible for a loan under this chapter and Article XI-A of the Oregon Constitution who assumes the previous loan for the property as described in ORS 407.305 or a governmental entity when the secured property is transferred for public use, the interest from the date of transfer shall be at the rate per annum then fixed as provided by ORS 407.335. However, the department, during the term of the loan, may periodically prescribe the interest rates to be paid by the transferee. (3) Ownership of property that constitutes security for a loan made to a veteran under this chapter and Article XI-A of the Oregon Constitution may not be transferred by deed or otherwise to anyone other than the veteran’s surviving spouse, unremarried former spouse, surviving child or stepchild or another veteran eligible for a loan under this chapter and Article XI-A of the Oregon Constitution who assumes the previous loan for the property as described in ORS 407.305, unless the property is used primarily as the principal residence of the transferee for at least two years after the transfer or such shorter period of time as the department for good cause may allow. (4) Mortgages, trust deeds or security agreements on property given to secure any loan made under ORS 407.125 or statutes supplementary thereof may provide that the taxes and insurance premiums may be paid by the department from the Oregon War Veterans’ Bond Sinking Account. The amount so paid may be added to and become part of the principal of the loan and be repaid as prescribed by the department. The department may prescribe any method or period for repayment of the amount so paid that is not in conflict with the mortgage, trust deed or security agreement. The department may prescribe any method or period for repayment of interest on the amount so paid that is not in conflict with the mortgage, trust deed, security agreement or a separate agreement with the borrower. [Formerly 407.070; 1987 c.221 §2; 1987 c.652 §6; 1987 c.767 §1; 1995 c.238 §1; 2005 c.625 §32; 2007 c.766 §1] 407.285 Rate of interest payable by certain transferees. (1) Notwithstanding the repeal of section 5, chapter 11, Oregon Laws 1982 (first special session), during the term of a loan for which the interest rate was initially fixed under section 5, chapter 11, Oregon Laws 1982 (first
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special session), the Department of Veterans’ Affairs may periodically prescribe the interest rate to be paid by the transferee. However, the interest rate for such loans may not at any time be less than the rate initially fixed under section 5, chapter 11, Oregon Laws 1982 (first special session), nor exceed a rate per annum which is one percent higher than the rate initially fixed under section 5, chapter 11, Oregon Laws 1982 (first special session). (2) The department may prescribe the interest rate to be paid by the transferee at a rate greater than the rate described in subsection (1) of this section, but only to the extent necessary to avoid invoking the provisions of section 4, Article XI-A of the Oregon Constitution. [1982 s.s.1 c.11 §7; 1987 c.221 §3; 2005 c.625 §33] 407.295 Transfer to spouse; notice to department; notice of delinquent payment. When an ownership interest or possession of a home or farm securing a loan received under this chapter is transferred to the spouse or former spouse of the original borrower as a result of any judicial order or judgment, the Department of Veterans’ Affairs shall be notified in writing of the transfer by the transferee not later than 30 days after the transfer occurs. If the original borrower remains obligated under the order or judgment to make the payments on the principal and interest of the loan, the department shall notify the transferee when any such loan payment is not received by the 30th day after the payment is due. [1983 c.420 §5; 2003 c.576 §441; 2005 c.625 §34] 407.305 Assumption of previous loan by eligible veteran; additional funds; maximum amount. When a veteran who is eligible for a loan under this chapter and Article XI-A of the Oregon Constitution seeks to acquire a home or farm that is serving as security for a previous loan made under this chapter, the veteran may choose either to receive a new loan for the property or to assume the previous loan. If the loan balance for the loan being assumed does not exceed the amount of the veteran’s entitlement under ORS 407.205, the interest rate to be paid on the assumed loan balance shall be the rate per annum prescribed under ORS 407.315. In addition to the amount assumed, the veteran may apply for and receive additional funds to be applied to the purchase price. The interest rate to be paid on the additional funds shall be the rate per annum currently prescribed under ORS 407.325. The sum of the assumed loan balance and the additional funds shall not exceed the amount of the veteran’s entitlement under ORS 407.205 or the maximum loan amount prescribed by ORS 407.225 (3). An assumption or an assumption with additional funds under this section shall be deemed to be one loan and the veteran making the assumption or the assumption with additional funds shall be deemed to be a borrower for the purposes of ORS 407.145, 407.205, 407.215, 407.325, 407.385, 407.465 and 407.475. [Formerly 407.063; 1985 c.296 §5; 1987 c.221 §4; 1995 c.238 §6; 2013 c.228 §2] 407.315 Interest rate for veteran’s assumption; variable rate; effect of rate on cash flow; rules. (1) When a veteran assumes a previous loan under ORS 407.305, the interest rate to be paid by the veteran from the date of assumption shall be the rate per annum prescribed periodically by the Department of Veterans’ Affairs, taking into consideration the solvency of the loan program and the interest rates currently prevailing in this state for loans secured by owner-occupied residential property. (2) The department shall make a cash flow projection to determine if assumptions at the interest rate established under subsection (1) of this section are among the causes of a negative cash flow projection for the loan program. The cash flow projection required by this section shall be an estimate of the revenue received from the repayment of mortgages, interest earnings,
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administrative expenses of the loan program, payment of interest and principal on outstanding debt and other relevant factors during the period in which current outstanding bonds are required to be retired. (3) If the cash flow projection required under subsection (2) of this section indicates that assumptions of loans at the interest rate established under subsection (1) of this section are a cause of a negative cash flow projection for the loan program, the department, by rule and notwithstanding ORS 407.325 (2), shall increase the interest rate to be paid for loans assumed under ORS 407.305 to the lowest rate per annum that assures a positive cash flow projection, but not exceeding the rate then prescribed under ORS 407.325. [1982 s.s.1 c.11 §15; 1987 c.221 §5; 1987 c.564 §1; 2005 c.625 §35] 407.325 Rate of interest on loans. (1) The Department of Veterans’ Affairs, with the advice of the Advisory Committee, will periodically, during the term of the loan, prescribe the interest rates to be paid by the applicant, taking into consideration the current value of the money, the solvency of the loan program, and the rates’ effect on veterans. If the department, after considering the factors specified in this section, determines that there is an economic need for a higher rate of interest on loans made for the acquisition of mobile homes and houseboats, the department shall prescribe the rate of interest for the acquisition of a mobile home or houseboat at not higher than two percent more per annum than the basic rate established by this section. (2) Except as provided in subsection (3) of this section: (a) The rate of interest on loans granted on or after May 27, 1971, and originally set at five and nine-tenths percent per annum may not be increased to more than seven and nine-tenths percent per annum. (b) The rate of interest on loans granted on or after January 1, 1981, and originally set at seven and two-tenths percent per annum may not be increased to more than nine and two-tenths percent per annum. (c) The rate of interest on a loan granted on or after May 27, 1971, for the acquisition of a mobile home or houseboat originally set at seven and nine-tenths percent per annum may not be increased to more than nine and nine-tenths percent per annum. (3) The department may prescribe the interest rates to be paid by the applicant at a rate greater than the rates described in subsection (2) of this section, but only if the department determines, at the sole discretion of the department, that such action reduces the probability that invoking the provisions of section 4, Article XI-A of the Oregon Constitution will become necessary. (4) When, during two consecutive fiscal years, the cash flow projection and the review of the projection performed under ORS 407.185 indicate that the Oregon War Veterans’ Bond Sinking Account will maintain a balance throughout the term of the projections that exceeds the succeeding years’ debt service and operating expenses for the loan program, the department shall prepare a program for reducing the interest rates charged under this section in such a manner as to insure the future solvency and self-supporting nature of the loan program. However, no reduction in interest rates shall occur if the variable rate debt, if converted to a fixed rate, requires retention of the amounts in order to meet projections. (5) Notwithstanding the rate prescribed for acquisition of a home as provided in subsections (1) to (4) of this section, the department may periodically establish separate and distinct interest rates for home improvement loans. [Formerly 407.072; 1985 c.296 §6; 1987 c.221 §7; 1989 c.171 §48; 1989 c.728 §4; 1997 c.214 §4; 2005 c.625 §36]
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407.327 Department to prescribe fixed or variable interest rates. (1) The Department of Veterans’ Affairs may prescribe fixed or variable rates on the following: (a) Loans or purchase contracts made after September 27, 1987, for acquisition of homes or farms. (b) Obligations on loans or purchase contracts made on or before September 27, 1987, where ownership of the property subject to the loan or purchase contract is transferred after September 27, 1987. (2) The department may modify loan agreements or purchase contracts made before September 27, 1987, by changing fixed interest rates to variable or variable interest rates to fixed, if all the parties to such loan agreements or contracts agree in writing to such modification. [1987 c.221 §§11,12; 2005 c.625 §37] 407.335 Rate of interest payable by transferee; limit on transfers; rules. (1) The rate of interest referred to in ORS 407.275 (2) shall be prescribed periodically by the Department of Veterans’ Affairs, taking into consideration the solvency of the loan program and the interest rates currently prevailing in this state for loans secured by residential property. However, a transfer may not be made at a rate lower than the interest rate existing on the loan immediately prior to the transfer. (2) When the department considers it necessary to change the rate of interest under subsection (1) of this section, the department, after 30 days’ notice to the public, may prescribe a new rate under this section. (3) During the term of a loan for which the interest rate was initially prescribed under subsection (1) of this section, the department may periodically prescribe the interest rate to be paid by the transferee. However, the interest rate for such loans may not at any time be less than the rate initially prescribed under subsection (1) of this section nor exceed a rate which is one percent higher than the rate initially prescribed under subsection (1) of this section. (4) The department may prescribe the interest rate to be paid by the transferee at a rate greater than the rate described in subsection (3) of this section, but only to the extent necessary to avoid invoking the provisions of section 4, Article XI-A of the Oregon Constitution. (5) Except for a sale or transfer to the original borrower, the surviving spouse, unremarried former spouse, surviving child or stepchild of the original borrower, or a veteran eligible for a loan under this chapter and Article XI-A of the Oregon Constitution, only one sale or transfer of the property referred to in ORS 407.275 (2) is permitted after July 20, 1983. In the event of a second sale or transfer of the property, or any part thereof, the entire unpaid balance of the loan for the property may become immediately due and payable at the discretion of the department as prescribed by rule. [Formerly 407.073; 1987 c.221 §8; 1987 c.653 §1; 1989 c.490 §1; 2005 c.625 §38] 407.349 Late charges authorized for periodic payments. When a periodic installment payment due under a loan agreement or purchase contract made pursuant to this section and ORS 407.169 or under a prior agreement or contract authorizing a late charge is not received by the Department of Veterans’ Affairs by the due date, the department may impose a late charge with respect to any such payment as prescribed in ORS 86.160 to 86.185. [1989 c.580 §3; 1997 c.40 §1; 2005 c.625 §39]
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407.375 Sale of foreclosed properties; improvement in lieu of down payment; interest rate; redemption of property; rules. (1) When the Department of Veterans’ Affairs offers for sale a home or farm obtained for and in behalf of the state under ORS 407.135 and 407.145 (1), the department shall provide notice of the proposed sale to prospective purchasers. The notice shall state the minimum bid that will be accepted. (2) Subject to subsection (3) of this section, the department shall accept the highest such bid or offer received during the 15-day period after a home or farm acquired under ORS 407.135 or 407.145 (1) is first offered for sale unless the person making the highest bid or offer is disqualified from such purchase based on prior credit history, inadequate income or other grounds for refusal established in rules adopted by the department. Prior to such refusal, the person making the highest bid or offer shall be given the opportunity to purchase the property for cash. (3) When the highest bid under subsection (2) of this section is made by a person who is not eligible for a loan under Article XI-A of the Oregon Constitution, the person who submits the highest bid or offer received from those persons eligible for a loan under Article XI-A of the Oregon Constitution shall be given the opportunity to purchase the property for the amount bid by the highest bidder. The property must be purchased by matching the highest bid within a period of time and at a place specified by rule of the department. (4) When the department sells a home or farm obtained under ORS 407.135 or 407.145 (1) to a person, the department may accept improvement of the property by such purchaser in lieu of other means of satisfying the requirements of ORS 407.225 (3). For the purpose of this section, all purchasers are subject to the provisions of ORS 407.225 (3). The department shall require the purchaser to provide an improvement plan containing a description of the proposed improvements to be made and the cost of the necessary work and materials. An appraiser employed by the department must certify that the ratio of the purchase price and the net appraised value of the home and farm after the proposed improvement is completed will satisfy the requirements of ORS 407.225 (3). The department may then approve the sale subject to the condition that the improvement of the home or farm be completed within 180 days after purchase. Failure by the applicant to complete the improvement within the time allowed shall be considered a breach of the purchase agreement and grounds for foreclosure by the department. Upon timely application and a showing that the improvement cannot be completed within the time allowed because of circumstances beyond the applicant’s control, the department may grant the applicant an additional period not to exceed 180 days in which to complete the improvement. (5) The rate of interest for a contract made for the acquisition of a home or farm obtained by the department under ORS 407.135 or 407.145 (1) shall be the rate per annum prescribed by the department. (6) Notwithstanding subsection (5) of this section, if the provisions of subsections (1) to (3) of this section have been complied with and no satisfactory bid has been received, the department, after considering the time value of money, may sell the home or farm at a private negotiated sale at any price or at any rate of interest, either fixed or variable, that the department considers to be necessary and prudent to sell the property and that provides an economic benefit to the home and farm loan program that is equivalent to the property being marketed at the current appraised value of the property and the rate prescribed under subsection (5) of this section. (7) Except as provided in this subsection, redemption of a home or farm obtained and sold by the department under ORS 407.135 or 407.145 (1) shall be made as provided in ORS 18.960 to
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18.985. When the department accepts improvement of property by a purchaser in lieu of purchase money or cash down payment under subsection (4) of this section, redemption shall be made by paying an amount equal to the fair market value of those improvements actually made to the property under the improvement plan described in subsection (4) of this section, with interest thereon at the rate of nine percent per annum from the date of sale. The department shall determine the fair market value of the improvements and such amount shall be paid in addition to the amount of purchase money and interest thereon required under ORS 18.966 and 18.967. [1982 s.s.1 c.11 §2; 1983 c.184 §1; 1985 c.287 §1; 1987 c.426 §3; 1987 c.661 §§5,6; 2005 c.542 §69; 2005 c.625 §40] 407.377 Sale or management of foreclosed property under personal services contract. If the Department of Veterans’ Affairs enters into any personal services contract under which any other person is authorized to sell or manage homes or farms obtained for and in behalf of this state under ORS 407.135 and 407.145 (1), then ORS 407.375 may not apply to the sale of such homes or farms by that person. [1987 c.661 §4; 2005 c.625 §41] 407.385 Prohibition against using loan for purpose other than farm or home acquisition; prompt use of farm or home as principal residence; extension; exception; penalty. (1) Money received as a loan under this chapter shall be used only for the acquisition of a home or farm. (2) Except as provided in this section, use of all or any part of a loan received under this chapter for investment or any purpose other than the acquisition of a home or farm constitutes an act of default and results in immediate acceleration of the unpaid balance of the loan. (3) When the Department of Veterans’ Affairs determines that a borrower is using loan moneys in violation of this section, the department shall immediately commence any action or proceeding necessary to recover for the state those moneys or any property obtained therewith. (4) A failure by a borrower to move into the home or farm securing the borrower’s loan and to use it as the borrower’s principal residence within 60 days after the loan or assumption is made, or within such extension as may be granted in writing by the department, shall be conclusively presumed to constitute a violation of this section. A request for an extension for good cause shall be made in writing within the 60-day period. The applicant may file a written request for a hearing within 30 days after a denial of the request for extension. (5) The department may not approve any rental or lease of a home or farm that affects the federally tax exempt status of bonds issued under Article XI-A of the Oregon Constitution. When the rental or lease does not affect the federally tax exempt status of such federally tax exempt bonds, the department may approve in writing the rental or lease of a home or farm after the home or farm is used as the principal residence of the borrower. The department may establish factors to consider when determining whether to approve the rental of a home or farm. [Formerly 407.042; 1987 c.767 §3; 1991 c.262 §2; 1995 c.238 §7; 1999 c.46 §1; 2001 c.98 §1; 2005 c.625 §42] GENERAL OBLIGATION BONDS 407.415 Issuance of bonds. In order to provide funds for the purposes specified in Article XI-A of the Oregon Constitution, the Department of Veterans’ Affairs may request the State
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Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. [Formerly 407.140; 2001 c.98 §2; 2005 c.625 §43; 2007 c.783 §181] 407.425 Factors considered before requesting bond issuance. The Department of Veterans’ Affairs shall request the State Treasurer to issue bonds as provided in ORS chapter 286A whenever the department determines that bonds are to be issued under ORS 407.415. In order to meet the specific requirements of a selected group of applicants for loans under this chapter and before asking the State Treasurer to structure an issue of bonds under this authority, the Department of Veterans’ Affairs may consider factors including, but not limited to, the number of applications and loans on hand, the amount of debt that will be financed or refinanced by the issue, directly or indirectly, the solvency of the program as a whole, the current value of money, the condition of the tax exempt and taxable bond markets and the effect of the issue on all veterans. [1982 s.s.1 c.12 §4; 2001 c.98 §3; 2005 c.625 §44; 2007 c.783 §182] 407.435 Issuance of bonds for tax payment; conditions; term. Notwithstanding the general obligation and revenue bond limits required by ORS 286A.035, the State Treasurer may issue general obligation bonds on behalf of the Department of Veterans’ Affairs in an amount not to exceed the amount reasonably expected to be advanced for the payment of taxes for veterans each tax year. Such bonds shall mature in no more than 18 months and may be sold as determined by the State Treasurer. [1983 c.445 §11; 2007 c.783 §183] LIFE AND MORTGAGE INSURANCE 407.465 Loan cancellation life insurance. (1) Subject to the limitations provided for in this chapter, the Department of Veterans’ Affairs may provide loan cancellation life insurance for any person described in ORS 407.475. (2) The insurance may insure the life of the person who receives or assumes the loan or who is the contract purchaser and the life of the spouse or former spouse of that person for all or a portion of the amount of principal and interest due on the state loan or contract. However, for each loan or contract, the lives of not more than two persons shall be insured. The State of Oregon shall be named the beneficiary of the insurance. When an individual insured under this chapter dies, the proceeds of the insurance shall be used to pay all or the insured portion of the balance of the state loan or contract, and the department shall issue a revised payment plan or a satisfaction of the loan or contract. [Formerly 407.074; 1985 c.221 §1; 1987 c.132 §1; 2005 c.625 §45; 2009 c.29 §1] 407.475 Persons insurable under ORS 407.465. Any person receiving or assuming a loan or making a contract under this chapter for the acquisition of a home or farm, and the spouse or former spouse of that person, may be insured under the insurance provided for by ORS 407.465 upon complying with such rules relating to that insurance as the director may adopt. [Formerly 407.076; 1985 c.221 §2; 1987 c.132 §2] 407.480 Definitions for ORS 407.480 to 407.490. As used in ORS 407.480 to 407.490: (1) “Insurance” means any mortgage guarantee or mortgage insurance against financial loss by reason of: (a) Collection activity; (b) Foreclosure; or
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(c) Foreclosure by the Department of Veterans’ Affairs under ORS 407.135. (2) “Mortgage” includes a trust deed. [1989 c.677 §2; 2005 c.625 §46] 407.485 Agreements for mortgage insurance; terms; amount; required coverage. (1) The Department of Veterans’ Affairs may enter into an agreement with any public or private organization or with any federal or state governmental agency to provide insurance for qualified mortgages. (2) The terms of the agreement for insurance, including the amount of insurance and the premium therefor, shall be agreed upon by the department and the organization or agency. (3) Insurance provided under this section may not exceed coverage of the loan balance for property secured by a mortgage or trust deed to the department. (4) If a qualified borrower borrows an amount under this chapter that is 80 percent or less of the net appraised value of the home or farm that secures the loan, the department may approve the loan without requiring insurance. [1989 c.677 §3; 1993 c.192 §2; 1995 c.238 §2; 2005 c.625 §47] 407.490 Mortgage insurance claims; liability of department. After assignment transfer and delivery by the Department of Veterans’ Affairs of all rights in the insured property to the organization or person providing insurance, the department shall not be liable to any borrower for any claim or grievance arising out of the insurance agreement or the loan agreement. [1989 c.677 §4; 2005 c.625 §48] FINANCES 407.495 Oregon War Veterans’ Fund; sources; uses. (1) The money arising from the sale of each issue of bonds authorized under section 2, Article XI-A, of the Oregon Constitution, shall be deposited in the State Treasury and be credited to a special fund separate and distinct from the General Fund, to be known as the Oregon War Veterans’ Fund; which fund hereby is appropriated for the purpose of carrying out the provisions of this section and ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415 and 407.515 to 407.565 and to purchase bonds issued for the purposes of such provisions. With the approval of the Department of Veterans’ Affairs, the moneys in the fund not immediately required for loaning may be invested as provided in ORS 293.701 to 293.857. The earnings from such investments shall inure to the Oregon War Veterans’ Fund. (2) In addition to the money arising from the sale of such bonds, the Oregon War Veterans’ Fund shall also consist of: (a) All moneys received as payments on principal and interest of loans made under ORS 407.125; (b) All moneys received as accrued interest upon bonds sold; (c) All moneys derived from tax levies provided for in ORS 291.445; (d) All moneys derived from the sale, rental or administration of property acquired by foreclosure or other proceeding, or deed; (e) All moneys received as interest earned on the investment of moneys in the Oregon War Veterans’ Fund; (f) All moneys received as proceeds from the sale of refunding bonds; and
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(g) All other moneys accruing under this section and ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415, 407.425, 407.435, 407.555 and 407.565. (3) All moneys in the Oregon War Veterans’ Fund are continuously appropriated to the Department of Veterans’ Affairs for the following purposes: (a) To carry out the provisions of this section and ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415, 407.425, 407.435, 407.555 and 407.565; (b) To purchase bonds issued for the purposes of such provisions; and (c) Except for moneys derived from the sale of bonds or from tax levies, for payment of expenses of the administration of this section and ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415, 407.425, 407.435, 407.555 and 407.565. (4) With the approval of the department, the moneys in the Oregon War Veterans’ Fund not immediately required to provide loans for the acquisition of farms and homes may be invested as provided in ORS 293.701 to 293.857. The earnings from such investments shall be credited to the Oregon War Veterans’ Fund. [Formerly 407.160; 1987 c.652 §10; 1991 c.220 §11; 2005 c.625 §49] 407.505 Loan moneys to be reserved for borrower prior to loan commitment. (1) When the Department of Veterans’ Affairs determines that an applicant’s loan may be approved in accordance with this chapter, the department, before making a loan commitment, shall reserve an amount of money in the Oregon War Veterans’ Fund equal to the amount requested by the applicant to be used only for payment to the applicant which shall be set aside in the Direct Commitment Reserve Account. (2) Moneys in the Oregon War Veterans’ Fund Direct Commitment Reserve Account shall be reserved as loan proceeds for an applicant under subsection (1) of this section and may not be used for any other purpose unless the applicant cancels the application for the loan prior to receipt of the loan proceeds. [Formerly 407.035; 2005 c.625 §50] 407.515 Oregon War Veterans’ Bond Sinking Account; sources; use. (1) The Oregon War Veterans’ Bond Sinking Account is created as a restricted account within the Oregon War Veterans’ Fund. The sinking account shall consist of: (a) All moneys received as payments on principal and interest of loans made under ORS 407.125; (b) All moneys received as accrued interest upon bonds sold; (c) All moneys derived from tax levies provided for in ORS 291.445; (d) All moneys derived from the sale, rental or administration of property acquired by foreclosure or other proceeding, or deed; (e) All moneys received as interest upon investments of the account and the Oregon War Veterans’ Fund; (f) All moneys received as proceeds from the sale of refunding bonds; and (g) All other moneys accruing under ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415, 407.495 and 407.515 not required to be credited to the Oregon War Veterans’ Fund. (2) Disbursements from the sinking account shall be made upon submission of duly verified claims that are approved by the Director of Veterans’ Affairs. The Secretary of State may audit the claims in the manner that other claims against the state are audited. The moneys in the sinking account, other than those derived from tax levies and from sales of refunding bonds, are continuously appropriated for payment of expenses of administration of ORS 407.115, 407.125,
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407.165, 407.205, 407.275, 407.415, 407.495 and 407.515 to 407.565. The moneys in the sinking account may be invested as provided in ORS 293.701 to 293.857. (3) Amounts in the sinking account shall be held and set aside separately from the amounts in the Oregon War Veterans’ Fund and any other funds or assets of this state, but such account may be accounted for as part of the Oregon War Veterans’ Fund. (4) The debt service reserve account within the sinking account shall be maintained as a subaccount within the sinking account dedicated to provide funds for the payment of bonds issued under authority of Article XI-A of the Oregon Constitution. (5) Nothing in this section shall be construed so as to impair any covenant or agreement with the holders of such bonds heretofore entered into by the director on behalf of this state with respect to the maintenance of the sinking account as heretofore constituted and any such covenant and agreement shall remain in full force and effect. (6) The director may create subaccounts in the sinking account necessary for appropriate administration of the director’s duties including, but not limited to, providing for the issuance, security, payment or administration of bonds or to preserve the federally tax exempt status of bonds issued on a federally tax exempt basis. The director may segregate such subaccounts from other subaccounts used for other purposes including, but not limited to, the issuance, security, payment or administration of bonds or other obligations, whether previously or subsequently issued. [Formerly 407.170; 1987 c.425 §7; 1987 c.652 §13; 1989 c.932 §4; 1991 c.220 §12; 2001 c.98 §4; 2011 c.222 §2] 407.525 Transfer of sinking account moneys to veterans’ fund; retransfer. The Department of Veterans’ Affairs may transfer moneys in the sinking account, except those derived from tax levies and those received from the sale of refunding bonds, to the Oregon War Veterans’ Fund for the home and farm loan purposes of the Oregon War Veterans’ Fund or pay the moneys directly from the sinking fund for the home and farm loan purposes of the Oregon War Veterans’ Fund. When sufficient moneys are available in the Oregon War Veterans’ Fund, the department may transfer back to the sinking account an amount not exceeding the total transferred from the sinking account to the Oregon War Veterans’ Fund or paid directly from the sinking fund for the home and farm loan purposes of the Oregon War Veterans’ Fund. [Formerly 407.180; 1987 c.652 §14; 2005 c.625 §51; 2007 c.783 §184] 407.555 Auditing and payment of claims. Except as provided in ORS 407.415, all claims duly approved by the Department of Veterans’ Affairs, incurred in pursuance of ORS 407.115, 407.125, 407.165, 407.205, 407.275, 407.415, 407.495 and 407.515 to 407.565, shall be paid by warrants drawn upon the State Treasurer by the Oregon Department of Administrative Services upon the appropriate funds for the payment of such claims. [Formerly 407.190; 2005 c.625 §52] 407.565 Revolving account. The Oregon Department of Administrative Services is authorized to draw a warrant on the Oregon War Veterans’ Fund in favor of the Department of Veterans’ Affairs in a sum not to exceed $2 million, which sum shall constitute an advance to be used in anticipation of the verified vouchers supplied in accordance with this section; and may be used only as a revolving account, separate and distinct from the General Fund, to be maintained with the State Treasurer, for receipt and disbursement of moneys received under authority of ORS 407.165 and for payment of general operating expenses. All reimbursement vouchers for claims paid from the revolving account shall be verified by the Department of Veterans’ Affairs
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and presented to the Oregon Department of Administrative Services for payment. The warrants issued by the Oregon Department of Administrative Services shall be drawn in favor of the Department of Veterans’ Affairs and shall be used to reimburse the revolving account. [Formerly 407.200; 1989 c.966 §45; 2005 c.625 §53] MISCELLANEOUS 407.595 Loans not subject to execution or assignment. No right, payment or proceeds of any loan made under ORS 407.125 or statutes supplementary thereof shall be subject to garnishment, attachment or execution or the claim of any creditor; nor shall any such right or payment be capable of assignment except as may be necessary for completion of any loan applied for and then only under such rules and regulations as may be prescribed by the Department of Veterans’ Affairs. [Formerly 407.110; 2005 c.625 §54]
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Chapter 408 — Miscellaneous Benefits for Veterans and Service Personnel MISCELLANEOUS BENEFITS
2015 EDITION
BENEFITS OF VETERANS AND SERVICE PERSONNEL EDUCATIONAL BENEFITS FOR VETERANS 408.010 “Beneficiary” defined for ORS 408.010 to 408.090 408.020 Financial aid for educational purposes; limitations on payments and on eligibility for
aid 408.030 Filing application with educational institution 408.040 Handling of application by institution and director; when benefits begin 408.050 Monthly statement by institution 408.060 Monthly payment of financial aid 408.070 Investigation of institutions; rules 408.090 Handling of donations ADVANTAGES GIVEN VETERANS IN PUBLIC EMPLOYMENT 408.225 Definitions for ORS 408.225 to 408.237 408.230 Veterans’ preference in public employment 408.235 Eligibility for preference 408.237 Interviews of veteran applicants for public service position required; exception 408.238 “Military duty” defined for ORS 408.240 to 408.280 408.240 Status and rights of public officer and employee during and after military duty;
programs for supplemental pay 408.242 Public employees in Active Guard Reserve Program
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408.250 Rights and duties of person replacing public officer in military service 408.260 Termination of term of office of substitute for officer in military service 408.270 Restoration of employee’s seniority and tenure 408.280 Reelection of public officer while in military service 408.290 Benefits for public employees on temporary active duty in Armed Forces STATE AID TO VETERANS FOR MEDICAL ISSUES (Herbicide Exposure) 408.300 Short title 408.305 Definitions for ORS 408.305 to 408.340 408.310 Duty of medical professionals to report symptoms attributable to herbicide exposure;
consent of patient; report form; additional information 408.315 Application of ORS 408.310 408.320 Duties of Oregon Public Health Advisory Board 408.325 Referral program for affected veterans; rules 408.330 Suspension or termination of programs; conditions 408.335 Attorney General to represent veterans in certain proceedings; payment of expenses 408.340 Limitation of liability (Hepatitis C) 408.350 Educational materials about hepatitis C OREGON VETERANS’ HOMES 408.360 Oregon Veterans’ Home; authority of Department of Veterans’ Affairs; issuance of
certificates of participation 408.365 Use of state moneys for operation of Oregon Veterans’ Home 408.368 Oregon Veterans’ Home Account
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408.370 Application of other statutes 408.375 Second Oregon Veterans’ Home; contract for operation and management 408.380 Application of other statutes to second Oregon Veterans’ Home 408.385 Third Oregon Veterans’ Home; planning for and development of fourth Oregon
Veterans’ Home 408.390 City acquisition of land for Oregon Veterans’ Home 408.393 Incurring city indebtedness for Oregon Veterans’ Home 408.395 Condemnation of property for Oregon Veterans’ Home Note Lottery bonds for Roseburg Veterans’ Home--2015 c.812 §35 COUNTY AID TO VETERANS 408.410 Appointment of county service officer; duties; annual budget requirement 408.420 Recording discharge papers 408.425 Inspection of discharge papers 408.430 Free services to veterans rendered by court administrator or county clerk MISCELLANEOUS VETERANS’ BENEFITS 408.440 Land of enlisted person exempt from foreclosure and judicial sale during war 408.450 Duty to pay fees during military duty 408.460 Certain claims payable out of General Fund 408.470 Persons entitled to interment in Spanish War Veterans’ plot 408.485 Findings related to health care 408.490 Purchase of United States flags for placement on veterans’ graves 408.495 Employed veteran time off for Veterans Day 408.497 Preference in private employment 408.500 Oregon Veterans’ Emergency Financial Assistance Program; rules
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INFORMATION AND REINTEGRATION SERVICES FOR VETERANS 408.503 Department website relating to benefits; reports to Legislative Assembly 408.504 Link on agency websites 408.505 Agencies to make available and provide information to veterans; report to legislature 408.506 Agencies to partner with Oregon Military Department to provide reintegration
services 408.507 Information to be provided by establishments operated to provide food to needy
persons USE OF PUBLIC FACILITIES BY VETERANS’ ORGANIZATIONS 408.540 Use of buildings by veterans’ organizations 408.560 Use of public buildings for meetings of veterans’ and auxiliary organizations VETERANS WITH MENTAL ILLNESS 408.570 Commitment of veterans with mental illness to United States veterans facility 408.580 Transfer of veterans with mental illness from state to federal hospitals BENEFITS TO INDIGENT VETERANS 408.710 Indigent veteran defined; effect of property ownership 408.720 Tax levy to finance activities of veterans’ service officer; use of proceeds; use of
county general funds 408.730 Procedure when indigent veterans are cared for by veterans organizations 408.740 Appointment and duties of county veterans’ relief officer EDUCATIONAL BENEFITS FOR VETERANS 408.010 “Beneficiary” defined for ORS 408.010 to 408.090. As used in ORS 408.010 to 408.090, unless otherwise required by the context, “beneficiary” means any person who served in the active Armed Forces of the United States on or after June 25, 1950, who was relieved or discharged from that service under honorable conditions and who was also a resident of Oregon at the time the person applied for benefits under ORS 408.010 to 408.090. “Beneficiary” does not include an alien, an alien enemy, a person who avoided combat service by claiming to be a
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conscientious objector, a person who served less than 90 days in the Armed Forces of the United States or a person inducted or enlisted in the military or naval service who received civilian pay for civilian work. [Amended by 1957 c.195 §1; 1965 c.517 §1; 1967 c.382 §1; 1993 c.139 §1; 2005 c.831 §1; 2007 c.857 §1] 408.020 Financial aid for educational purposes; limitations on payments and on eligibility for aid. (1) The Department of Veterans’ Affairs may provide financial aid to beneficiaries who desire to pursue an approved course of study or professional training in or in connection with any accredited state or other public school or accredited private school or accredited college consistent with ORS 408.010 to 408.090. (2) Financial aid under this section may not exceed $150 per month for each month of full-time study or training or $100 per month for each month of part-time study or training. (3) The total number of monthly payments under subsection (2) of this section may not exceed the total number of months served in the Armed Forces of the United States or 36, whichever is less. (4) The Director of Veterans’ Affairs may permit a beneficiary to attend a school or college outside of this state upon a satisfactory showing that the training required is not available in an accredited institution within this state. (5) A beneficiary may not receive payments or benefits under ORS 408.010 to 408.090 at the same time that the beneficiary is receiving educational aid under any federal Act based upon prior service in the Armed Forces. Time spent by a person who applies for benefits under ORS 408.010 to 408.090 in the army specialized training program, the Navy V-12 program or other like training program may not be counted as service in the Armed Forces within the purview of ORS 408.010. [Amended by 1967 c.383 §1; 1995 c.343 §38; 2005 c.831 §2; 2007 c.857 §2; 2015 c.531 §2] 408.025 [1955 c.206 §2; 1957 c.24 §1; repealed by 2005 c.831 §4] 408.030 Filing application with educational institution. Any beneficiary who desires to pursue a course of study or professional training may file, upon a form approved by the Director of Veterans’ Affairs, an application with the executive head of the institution in which the beneficiary desires to pursue such course. In the application the beneficiary shall set forth the date of enlistment or induction into the service of the United States, the date of discharge, a certified copy of the discharge or document evidencing release from active duty, the courses of study the beneficiary desires to pursue, and the length of time the beneficiary intends to pursue such courses. [Amended by 1995 c.343 §39] 408.040 Handling of application by institution and director; when benefits begin. (1) The person to whom an application is made pursuant to ORS 408.030 shall examine and pass upon such application and shall, within 10 days after its receipt by the person, indorse approval or disapproval thereof. If the application is approved it shall be forthwith forwarded to the Director of Veterans’ Affairs, who shall check it. The director shall determine whether or not the institution of learning or career school is accredited and if the tuition and other charges are reasonable. The director shall also determine whether or not the institution of learning or career school is reasonably qualified to provide the instruction desired by the beneficiary. The director shall be satisfied that the beneficiary has reasonable qualifications to pursue the course of study
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chosen and that such course, if satisfactorily completed, is likely to enable the beneficiary to become a more useful citizen. If all said conditions are met to the satisfaction of the director, the director may approve the application and file it in the office of the director; otherwise the director shall deny it. (2) Upon approval of an application, benefits are payable beginning with the first day of the applicant’s attendance during the current term of an institution of learning or career school, after a finding by the director, supported by evidence satisfactory to the director, that any delay in making application was caused by excusable oversight or neglect. [Amended by 1995 c.343 §40] 408.050 Monthly statement by institution. On or before the 10th day of each calendar month the executive head of the institution of learning or authorized representative, shall render a duly certified statement to the Director of Veterans’ Affairs, setting forth the names of the beneficiaries attending the institution during the preceding calendar month and the amount of schooling or training furnished such beneficiaries in accordance with ORS 408.010 to 408.090. The statement shall contain a report of the attendance and general attitude and aptitude of each beneficiary, and the number of hours of recitation, lectures or other training scheduled, and a statement of the beneficiary’s diligence and progress. 408.060 Monthly payment of financial aid. (1) The monthly payments provided in ORS 408.020 shall be allowed to any beneficiary who is enrolled in an approved full-time or part-time course of study or professional training. (2) Upon receipt of the monthly statement provided for in ORS 408.050, the Director of Veterans’ Affairs, if the director finds that the monthly statement is correct, shall issue a voucher to the Oregon Department of Administrative Services which shall draw a warrant on the State Treasurer or make an electronic transfer in favor of each beneficiary. The warrant or electronic transfer shall be paid out of the funds appropriated for the administration of ORS 408.010 to 408.090. [Amended by 1983 c.740 §129; 2005 c.831 §3; 2007 c.857 §3] 408.070 Investigation of institutions; rules. (1) The Director of Veterans’ Affairs shall investigate from time to time the institutions or other places where financial aid is being furnished to any beneficiary under ORS 408.010 to 408.090 to ascertain whether the spirit of ORS 408.010 to 408.090 is being complied with. If the director determines, after such investigation as the director deems necessary, that any such institution or place is not furnishing bona fide courses of instruction to the beneficiary or beneficiaries, or that any beneficiary is abusing the privileges granted by ORS 408.020, no money shall be paid to any beneficiary who is not receiving bona fide instruction or who is abusing such privileges. In making the investigations, the director may use the services of any state or county agency, and the agencies are required to render any such service requested by the director. (2) The director may adopt rules necessary to carry out ORS 408.010 to 408.090. [Amended by 2007 c.71 §102] 408.080 [Amended by 1953 c.62 §2; 1957 c.91 §1; repealed by 1961 c.326 §8] 408.090 Handling of donations. (1) The Director of Veterans’ Affairs, acting on behalf of the State of Oregon, is authorized to accept any donation, gift, grant, bequest or devise made in furtherance of the purposes of ORS 408.010 to 408.090, and if made in cash or its equivalent or
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reduced thereto, shall be promptly paid by the director to the State Treasurer, who shall credit the amount so received to the Veterans’ Educational Aid Account in the General Fund. The director shall make such disposition of donations, gifts, grants, bequests or devises, not made in cash or its equivalent, as is specified by the donor thereof, and their earnings and proceeds shall inure to said account. All such donations, gifts, grants, bequests or devises accepted by the director are transfers exempt from taxes imposed on inheritances under the laws of this state. (2) All moneys in the Veterans’ Educational Aid Account are continuously appropriated to the director and may be used by the director for the purposes authorized in ORS 408.010 to 408.090. [Amended by 1961 c.326 §7; 1997 c.99 §53; 2005 c.755 §31] 408.095 [2009 c.759 §1; 2011 c.637 §267; 2013 c.768 §141; repealed by 2015 c.531 §1] 408.100 [Repealed by 1961 c.326 §8] 408.110 [Repealed by 1961 c.326 §8] 408.210 [Renumbered 408.238 in 2005] 408.220 [Repealed by 1977 c.854 §5] ADVANTAGES GIVEN VETERANS IN PUBLIC EMPLOYMENT 408.225 Definitions for ORS 408.225 to 408.237. (1) As used in ORS 408.225 to 408.237: (a)(A) “Civil service position” means any position for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that includes, but is not limited to, consideration of an applicant’s or employee’s relative ability, knowledge, experience and other skills. (B) A “civil service position” need not be labeled a “civil service position.” (b) “Combat zone” means an area designated by the President of the United States by executive order in which, on the dates designated by executive order, the Armed Forces of the United States are or have engaged in combat. (c) “Disabled veteran” means a veteran who has a disability rating from the United States Department of Veterans Affairs, a veteran whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty or a veteran who was awarded the Purple Heart for wounds received in combat. (d) “Honorable conditions” has the meaning given that term in rules adopted by the Department of Veterans’ Affairs. (e) “Public employer” means a public body, as that term is defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to control, management or supervision of any employee. (f) “Veteran” means a person who: (A) Served on active duty with the Armed Forces of the United States: (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions; (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability;
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(iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or (v) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions; (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; or (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs. (2) As used in subsection (1)(f) of this section, “active duty” does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit. [1977 c.854 §1; 1981 c.493 §1; 1989 c.507 §1; 1991 c.67 §98; 1993 c.18 §97; 1995 c.777 §1; 2005 c.99 §1; 2005 c.831 §7; 2007 c.71 §103; 2007 c.525 §1; 2009 c.41 §25; 2009 c.370 §1; 2011 c.29 §1; 2013 c.16 §1; 2015 c.531 §5] 408.230 Veterans’ preference in public employment. (1) A public employer shall grant a preference to a veteran or disabled veteran who applies for a vacant civil service position or seeks promotion to a civil service position with a higher maximum salary rate and who: (a)(A) Successfully completes an initial application screening or an application examination for the position; or (B) Successfully completes a civil service test the employer administers to establish eligibility for the position; and (b) Meets the minimum qualifications and any special qualifications for the position. (2) The employer shall grant the preference in the following manner: (a) For an initial application screening used to develop a list of persons for interviews, the employer shall add five preference points to a veteran’s score and 10 preference points to a disabled veteran’s score. (b) For an application examination, given after the initial application screening, that results in a score, the employer shall add preference points to the total combined examination score without allocating the points to any single feature or part of the examination. The employer shall add five preference points to a veteran’s score and 10 preference points to a disabled veteran’s score. (c) For an application examination that consists of an interview, an evaluation of the veteran’s performance, experience or training, a supervisor’s rating or any other method of ranking an applicant that does not result in a score, the employer shall give a preference to the veteran or disabled veteran. An employer that uses an application examination of the type described in this paragraph shall devise and apply methods by which the employer gives special consideration in the employer’s hiring decision to veterans and disabled veterans. (3) Preferences of the type described in subsection (1) of this section are not a requirement that the public employer appoint a veteran or disabled veteran to a civil service position. (4) A public employer shall appoint an otherwise qualified veteran or disabled veteran to a vacant civil service position if the results of a veteran’s or disabled veteran’s application examination, when combined with the veteran’s or disabled veteran’s preference, are equal to or higher than the results of an application examination for an applicant who is not a veteran or disabled veteran.
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(5) If a public employer does not appoint a veteran or disabled veteran to a vacant civil service position, upon written request of the veteran or disabled veteran, the employer, in writing, shall provide the employer’s reasons for the decision not to appoint the veteran or disabled veteran to the position. The employer may base a decision not to appoint the veteran or disabled veteran solely on the veteran’s or disabled veteran’s merits or qualifications with respect to the vacant civil service position. (6) Violation of this section is an unlawful employment practice. (7) A veteran or disabled veteran claiming to be aggrieved by a violation of this section may file a verified written complaint with the Commissioner of the Bureau of Labor and Industries in accordance with ORS 659A.820. [Amended by 1977 c.854 §3; 1989 c.507 §2; 1999 c.792 §1; 2007 c.525 §2; 2011 c.82 §1] 408.235 Eligibility for preference. A veteran is eligible to use the preference provided for in ORS 408.230 for a civil service position for which application is made at any time after discharge or release from service in the Armed Forces. [1977 c.854 §4; 1989 c.507 §3; 1995 c.777 §2; 1999 c.792 §2; 2007 c.525 §3; 2009 c.370 §2] 408.237 Interviews of veteran applicants for public service position required; exception. (1) As used in this section: (a) “Eligibility list” means a list of ranked eligible candidates for a civil service position who have become eligible for the position through a test or series of tests and who will be considered for the civil service position in ranked order. (b) “Transferable skill” means a skill that a veteran has obtained through military education or experience that substantially relates, directly or indirectly, to the civil service position for which the veteran is applying. (2) When an interview is a component of the selection process for a civil service position or for an eligibility list for a civil service position, a public employer shall interview each veteran: (a) Whom the public employer determines meets the minimum qualifications and special qualifications for the civil service position or eligibility list; and (b) Who submits application materials that the public employer determines show sufficient evidence that the veteran has the transferable skills required and requested by the public employer for the civil service position or eligibility list. (3) A public employer is not required to comply with subsection (2) of this section if the employer conducts interviews only as part of the process of selecting a candidate for a civil service position from an eligibility list. (4) A public employer may consult with the Oregon Military Department and the Department of Veterans’ Affairs to determine whether certain military education or experience produces a transferable skill. (5) The Department of Veterans’ Affairs shall provide training to veterans on how to show evidence of transferable skills in an application for a civil service position or eligibility list. (6) Violation of subsection (2) of this section is an unlawful employment practice under ORS chapter 659A. (7) A veteran claiming to be aggrieved by a violation of subsection (2) of this section may file a complaint under ORS 659A.820. [2011 c.484 §2]
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408.238 “Military duty” defined for ORS 408.240 to 408.280. As used in ORS 408.240 to 408.280, “military duty” means training and service performed by an inductee, enlistee or reservist or any entrant into a temporary component of the Armed Forces of the United States, and authorized time spent reporting for and returning from such training or service, or, if a rejection occurs, from the place reported therefor; but does not include active duty training as a reservist in the Armed Forces of the United States or as a member of the National Guard of the United States where the call is for a period of 15 days or less. [Formerly 408.210] 408.240 Status and rights of public officer and employee during and after military duty; programs for supplemental pay. (1)(a) Whenever a public officer or employee leaves a position, whether voluntarily or involuntarily, in order to perform military duty, the office or position may not become vacant, nor shall the officer or employee be subject to removal as a consequence of leaving the position. Unless the officer or employee dies, resigns or is relieved or discharged from such duty under other than honorable conditions, during the term for which the officer or employee was elected, appointed or employed, the officer or employee shall be considered absent on leave until release from active service has permitted the officer or employee to resume the duties of the office or position. (b) While absent on leave, a public officer or employee may, but is not absolutely entitled to, receive the pay or other emolument of the office or position, and shall not become liable, as an officer or employee, on an official bond or otherwise, for the acts or omissions of any other person. (2) Subsection (1)(a) of this section does not apply unless the officer or employee, upon the termination of military duty, is qualified to perform the duties of the office or position, and makes application within 90 days after the officer or employee is relieved from military duty, or from hospitalization continuing after discharge for a period of not more than one year. If the officer or employee is not qualified to perform the duties of the office or position by reason of the officer’s or employee’s service, but is qualified to perform the duties of any other public position, the officer or employee shall be restored to the other position, the duties of which the officer or employee is qualified to perform, as will provide the officer or employee like seniority, status and pay, or the nearest approximation thereof, consistent with the circumstances in the case. (3) Except as otherwise provided in this subsection, subsection (1) of this section does not apply if the total of the officer’s or employee’s military duty exceeds five years. Subsection (1) of this section is applicable with regard to military duty that exceeds five years if the period of additional duty was imposed by law or resulted from inability of the officer or employee to obtain orders relieving the officer or employee from active duty. (4) Notwithstanding subsection (1) of this section: (a) The State of Oregon shall continue coverage under an employer-sponsored health plan to a public officer or employee of the State of Oregon and any other individual provided coverage under the officer’s or employee’s plan on the day before the date the officer or employee goes on leave for a period not exceeding a total of 24 months while the public officer or employee is absent on leave. (b) An employer other than the State of Oregon may provide coverage under an employer-sponsored health plan to an officer or employee and any other individual provided coverage under the officer’s or employee’s plan on the day before the date the officer or employee goes on leave for the period during which the officer or employee is absent on leave.
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(5)(a) The State of Oregon, a county, a municipality or another political subdivision of the state may establish and administer a donated leave program that: (A) Allows an officer or employee who is absent on leave to receive donated leave; and (B) Allows an officer or employee to voluntarily donate vacation time to an eligible officer or employee who is absent on leave. (b) An officer or employee who is absent on leave and who receives donated leave under paragraph (a) of this subsection may receive an amount of donated leave that supplements any compensation received for performing military duty, but may not receive more than the amount of base salary the officer or employee was earning on the date the officer or employee began the leave of absence. (c) This subsection does not apply to a leave of absence under ORS 408.290. (6) The State of Oregon, a county, a municipality or another political subdivision of the state may establish and administer a program that allows an officer or employee who is absent on leave to receive an amount of pay or other emolument that supplements and exceeds any compensation received for performing military duty, provided the amount received by the officer or employee under this subsection does not exceed the amount of base salary the officer or employee was earning on the date the officer or employee began the leave of absence. [Amended by 1979 c.468 §13; 2003 c.72 §1; 2003 c.387 §14; 2005 c.38 §3; 2015 c.42 §1] 408.242 Public employees in Active Guard Reserve Program. ORS 408.240 (4)(a) does not apply to a public employee who leaves a position under ORS 408.240 (1) to enter or reenter the Active Guard Reserve Program under 32 U.S.C. 502(f). [2005 c.38 §1] Note: 408.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.250 Rights and duties of person replacing public officer in military service. During the period any public officer is absent on leave pursuant to ORS 408.240, a substitute shall serve in the place and stead of the public officer. Such substitute shall be appointed by the authority having power to have appointed the substitute as successor had such office become vacant. The substitute shall qualify by taking an oath of office, and by giving bond in an amount and conditioned as required by law for the officer for whom the substitute has been appointed, or, in the event no bond is required by law, then as the appointing authority directs. The substitute shall be designated by the title of the office, followed by the words “pro tem.” The substitute shall be invested with the authority, duties and responsibilities, and shall receive the emoluments of the office, in lieu of the officer for whom the person is the substitute. 408.260 Termination of term of office of substitute for officer in military service. When the absence on leave of a public officer, granted by ORS 408.240, has terminated, or a successor has been duly appointed and qualified to fill the vacancy created by the death or resignation of such officer, the appointment of the substitute shall terminate, and the substitute immediately shall deliver to such officer or successor all records and other incidents of the office, together with a full and detailed statement of accounting covering the entire period of service as substitute.
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408.270 Restoration of employee’s seniority and tenure. Upon the termination of any leave granted by ORS 408.240, every public employee shall be restored to the position without loss of seniority or other benefits. It is the intention of the Legislative Assembly that such employee shall be restored in such manner as to give the employee the status in employment that the employee would have enjoyed if the employee had continued in such employment continuously from the time of entering the Armed Forces until the time of restoration to such employment. Any person so restored to the position shall not be discharged from such position without cause within one year after such restoration. Any employee who has not completed the probationary period in the position at the time of leaving for military duty, shall, upon returning to such position, be required to serve the remainder of such probationary period, notwithstanding the granting of continuous time credit for time served in the Armed Forces. 408.280 Reelection of public officer while in military service. Whenever the term of office of an elected public officer expires during military service in the Armed Forces of the United States for which a leave of absence has been granted pursuant to ORS 408.240 and the officer is reelected to such office, the officer shall continue in such office and on such leave of absence. The pro tem officer acting in the place and stead shall continue to act in said capacity during the continuation of such leave of absence of such public officer. Whenever the leave of absence of the reelected public officer has terminated, and the reelected public officer has qualified for the resumption of the duties of said office as required by law, and has conformed to the requirements of ORS 408.240, the appointment of the substitute of the reelected officer shall terminate in the same manner as provided in ORS 408.260. 408.290 Benefits for public employees on temporary active duty in Armed Forces. (1) Except as provided in subsection (2) of this section, for initial active duty for training and for all periods of annual active duty for training as a member of the National Guard, National Guard Reserve or of any reserve component of the Armed Forces of the United States or of the United States Public Health Service, any officer or employee of the state, or of any county, municipality or other subdivision of the state, is entitled, upon application therefor, to a leave of absence from duties for a period not exceeding 15 days in any one training year, without loss of time, pay or regular leave and without impairment of efficiency rating or other rights or benefits to which the officer or employee is entitled. (2) Unless the officer or employee has been employed by the state or by any county, municipality or other political subdivision of the state for a period of six months next preceding application, no officer or employee is entitled to receive pay for any period during which the officer or employee is on military leave. (3) As used in this section, “training year” means the federal fiscal year for any particular unit of the National Guard or a reserve component. [Amended by 1955 c.104 §1; 1969 c.368 §1; 1993 c.197 §1; 2011 c.18 §2] STATE AID TO VETERANS FOR MEDICAL ISSUES (Herbicide Exposure) 408.300 Short title. ORS 408.305 to 408.340 shall be known and may be cited as the Oregon Vietnam Veteran Benefits Act of 1983. [1983 c.658 §1]
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408.305 Definitions for ORS 408.305 to 408.340. As used in ORS 408.305 to 408.340, unless the context requires otherwise: (1) “Agent Blue” means the herbicide composed primarily of cacodylic acid (organic arsenic) and inorganic arsenic. (2) “Agent Orange” means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid. (3) “Agent White” means any herbicide composed primarily of 2, 4, D and picloram. (4) “Causative agent” includes Agent Blue, Agent Orange, Agent White and any other combination of chemicals consisting primarily of 2, 4, D or 2, 4, 5, T or any other chemical or biological agent used by any government involved in the Vietnam Conflict, or diseases endemic to Southeast Asia, including, but not limited to, the disease known as melioidosis. (5) “Veteran” means any individual who resides in this state, who served on active duty in the Armed Forces of the United States for a period of not less than 180 days any part of which occurred between January 1, 1962, and May 7, 1975, within the borders of Vietnam, Cambodia, Laos or Thailand, and who was either a resident of this state at the time of enlistment, induction or other entry into the Armed Forces or became a bona fide resident of Oregon prior to April 1, 1981. [1983 c.658 §2; 1985 c.574 §1; 2009 c.595 §233] 408.310 Duty of medical professionals to report symptoms attributable to herbicide exposure; consent of patient; report form; additional information. (1) A physician, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 who has primary responsibility for the treatment of a veteran who may have been exposed to causative agents while serving in the Armed Forces of the United States or for the treatment of a veteran’s spouse, surviving spouse or minor child who may be exhibiting symptoms or conditions that may be attributable to the veteran’s exposure to causative agents shall, at the request and direction of the veteran, veteran’s spouse or surviving spouse or the parent or guardian of such minor child, submit a report to the Oregon Health Authority. The report shall be made on a form adopted by the authority and made available to physicians, physician assistants, nurse practitioners and hospitals in this state. (2) If there is no physician, physician assistant or nurse practitioner having primary responsibility for the treatment of a veteran, veteran’s spouse, surviving spouse or minor child, then the senior medical supervisor of the hospital or clinic treating the veteran, veteran’s spouse, surviving spouse or minor child shall submit the report described in this section to the authority at the request and direction of the veteran, veteran’s spouse or surviving spouse or the parent or legal guardian of a veteran’s minor child. (3) The form adopted by the authority under this section shall list the symptoms commonly attributed to exposure to causative agents, and shall require the following information: (a) Symptoms of the patient which may be related to exposure to causative agents. (b) A diagnosis of the patient’s condition. (c) Methods of treatment prescribed. (d) Any other information required by the authority. (4) The authority, after receiving a report from a physician, physician assistant, nurse practitioner, hospital or clinic under this section, may require the veteran, veteran’s spouse, surviving spouse or minor child to provide such other information as may be required by the authority. [1983 c.658 §3; 2009 c.595 §234; 2014 c.45 §34]
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408.315 Application of ORS 408.310. (1) ORS 408.310 applies to all veterans, spouses, surviving spouses and minor children of veterans treated by a physician, physician assistant, nurse practitioner, hospital or clinic after January 1, 1982. Physicians, physician assistants, nurse practitioners, hospitals or clinics shall submit the reports and study required under ORS 408.310 for veterans, spouses, surviving spouses and minor children of veterans treated prior to that date when requested and directed to do so by such individuals. (2) ORS 408.300 to 408.340 apply to all physicians, physician assistants, nurse practitioners, hospitals and clinics, whether public or private, within the State of Oregon. [1983 c.658 §8; 2014 c.45 §35] 408.320 Duties of Oregon Public Health Advisory Board. The Oregon Public Health Advisory Board created under ORS 431.122 shall: (1) Order the compilation of statistical data from information obtained under ORS 408.310 and determine the use and dissemination of that data. (2) Make recommendations to the Director of the Oregon Health Authority or the Director of Veterans’ Affairs concerning the implementation and operation of programs authorized by ORS 408.300 to 408.340. (3) Assess programs of federal agencies operating for the benefit of veterans exposed to causative agents and their families, and make recommendations to the appropriate agencies for the improvement of those programs. (4) Suspend or terminate specific programs or duties required under ORS 408.300 to 408.340 when necessary to prevent duplication of those programs or duties by other governmental agencies. (5) Apply for, receive and accept any grants or contributions available from the United States or any of its agencies for the purpose of carrying out ORS 408.300 to 408.340. (6) When the advisory board considers it necessary for the health and welfare of veterans and the spouses, surviving spouses and minor children of veterans, ask the Attorney General to initiate proceedings as provided under ORS 408.335. (7) Report biennially to the Legislative Assembly or to the Emergency Board, as appropriate, as necessary to accomplish the objectives of ORS 408.300 to 408.340 concerning the programs instituted under ORS 408.300 to 408.340. [1983 c.658 §5; 2009 c.595 §235] 408.325 Referral program for affected veterans; rules. (1) The Oregon Health Authority and the Oregon Public Health Advisory Board shall institute a cooperative program to refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by exposure to causative agents. (2) The Director of the Oregon Health Authority, after receiving the recommendations of the advisory board, shall adopt rules to provide for the administration and operation of programs authorized by ORS 408.300 to 408.340. The director shall cooperate with appropriate state and federal agencies in providing services under ORS 408.300 to 408.340. [1983 c.658 §7; 2009 c.595 §236] 408.330 Suspension or termination of programs; conditions. If the Oregon Public Health Advisory Board determines that any federal agency is adequately performing the referral functions described in ORS 408.325, the advisory board may suspend or terminate any program
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or duty required under ORS 408.300 to 408.340 in order to avoid duplication of services. [1983 c.658 §9] 408.335 Attorney General to represent veterans in certain proceedings; payment of expenses. (1) When requested to do so by the Director of Veterans’ Affairs, the Attorney General shall represent, on behalf of all of the members of the class, one or more members of the class of veterans, spouses and surviving spouses of veterans and minor children of veterans who allege injuries caused by exposure to or contact with causative agents, and appear for them in any court or before any administrative agency in any proceeding to compel release of individual medical records, United States Department of Veterans Affairs medical and claim files or any other information relating to causative agents during military service. (2) When requested to do so by the Director of Veterans’ Affairs, the Attorney General shall represent, on behalf of all of the members of the class of veterans, one or more veterans in any proceeding to compel the United States Department of Veterans Affairs to comply with the requirements of the Veterans’ Health Care, Training, and Small Business Loan Act of 1981, P.L. 97-72 (38 U.S.C. 610 et seq.) or any other public law, regulation or administrative directive and to release any records or reports prepared under that Act relating to exposure to dioxin or other toxic substances found in a herbicide or defoliant used for military purposes. (3) The expenses incurred by the Attorney General under this section shall be paid from the General Fund. (4) The Attorney General shall seek a judgment ordering the payment of all expenses incurred by the Attorney General from the agency against which the action was brought. [1983 c.658 §6; 1985 c.574 §2; 1991 c.67 §99] 408.340 Limitation of liability. (1) A physician, physician assistant, nurse practitioner, hospital or clinic subject to ORS 408.300 to 408.340 shall not be subject to any criminal or civil liability for providing information required under ORS 408.300 to 408.340. (2) Nothing in this section shall prevent, however, any action for negligence by a physician, physician assistant, nurse practitioner, hospital or clinic in choosing or providing medical treatment. [1983 c.658 §4; 2014 c.45 §36] (Hepatitis C) 408.350 Educational materials about hepatitis C. (1) As used in this section, “veteran” means a person who is: (a) A resident of Oregon; and (b) A veteran as defined in ORS 408.225. (2) The Department of Veterans’ Affairs shall provide, in written or electronic format, educational materials on the diagnosis, treatment and prevention of hepatitis C in veterans who are at high risk of contracting the disease. (3) The department shall make the materials available to all veterans and health care providers. (4) The materials shall include: (a) The recommendations of the Centers for Disease Control and Prevention and the American Liver Foundation relating to the diagnosis, treatment and prevention of hepatitis C; and
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(b) Information from other groups that the department believes present reliable information concerning the increased risk to veterans of contracting hepatitis C. [2007 c.381 §1; 2009 c.41 §20] Note: 408.350 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. OREGON VETERANS’ HOMES 408.360 Oregon Veterans’ Home; authority of Department of Veterans’ Affairs; issuance of certificates of participation. (1) Subject to approval by the Director of the Oregon Department of Administrative Services as provided in section 3, chapter 795, Oregon Laws 1993, the Department of Veterans’ Affairs is authorized to issue certificates of participation for the purposes of constructing an Oregon Veterans’ Home. (2) When issuance of the certificates of participation is approved by the Director of the Oregon Department of Administrative Services, the Department of Veterans’ Affairs may issue the certificates of participation, but not earlier than the 120th day after September 8, 1993. (3) The Department of Veterans’ Affairs shall expend the proceeds from the sale of the certificates of participation for construction of an Oregon Veterans’ Home and shall take any other action considered by the department to be necessary or appropriate for the construction and operation of an Oregon Veterans’ Home. [1993 c.795 §2; 2005 c.625 §55] Note: 408.360 to 408.385 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.365 Use of state moneys for operation of Oregon Veterans’ Home. Moneys to pay for the expenses of operating the Oregon Veterans’ Home may be appropriated from: (1) The General Fund; (2) The Oregon War Veterans’ Fund pursuant to section 1 (1)(e) of Article XI-A of the Oregon Constitution; and (3) Moneys donated to the trust fund established under ORS 406.050 for the purpose of paying for the expenses of operating the Oregon Veterans’ Home, or moneys in the trust fund that the Department of Veterans’ Affairs determines may be expended for those purposes. [1993 c.795 §7; 2001 c.102 §2; 2001 c.104 §141; 2003 c.302 §1; 2009 c.602 §5] Note: See note under 408.360. 408.368 Oregon Veterans’ Home Account. (1) There is created in the State Treasury, separate and distinct from the General Fund, the Oregon Veterans’ Home Account. Moneys credited to the account are appropriated continuously to the Director of Veterans’ Affairs to pay expenses that the director determines are appropriate for developing, operating and maintaining each Oregon Veterans’ Home including, but not limited to, providing care and services to the residents of each home and the costs of administration incurred by the director.
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(2) The account shall consist of moneys received by the director that relate to the development, operation or maintenance of each Oregon Veterans’ Home, including but not limited to residents’ fees and charges, per diem payments received from the United States Department of Veterans Affairs, Medicare payments and moneys received under ORS 292.057. The director may transfer moneys to the account from the Oregon War Veterans’ Fund and from other funds and accounts administered by the director. (3) Earnings on moneys in the account shall be credited to the account. (4) Disbursements from the account may be made by the director for the purposes set forth in subsection (1) of this section. The director may also transfer moneys from the account to the Oregon War Veterans’ Fund. [1999 c.51 §1; 2007 c.208 §2] Note: See note under 408.360. 408.370 Application of other statutes. (1) In addition to the other uses for the Oregon Housing Fund set forth in ORS 458.600 to 458.665, financial support for an Oregon Veterans’ Home is a permitted use of moneys from the Oregon Housing Fund. (2) Notwithstanding ORS 442.315 and 442.325, an Oregon Veterans’ Home is not subject to any certificate of need requirement. [1993 c.795 §§1,4; 2011 c.657 §2; 2011 c.720 §78; 2013 c.1 §4] Note: See note under 408.360. 408.375 Second Oregon Veterans’ Home; contract for operation and management. The Director of Veterans’ Affairs shall enter into a contract with a nongovernmental entity for the operation and management of the second Oregon Veterans’ Home authorized by section 1, chapter 591, Oregon Laws 1995. The entity with whom the director contracts under this section shall be a person experienced in the operation and staffing of long term care facilities, as defined in ORS 442.015. The contract executed under this section shall be subject to the requirements of ORS chapters 279A and 279B, except ORS 279A.140 and 279B.235, and shall provide that: (1) The party who contracts to manage and operate the second Oregon Veterans’ Home shall be responsible for hiring and maintaining the necessary staff for the facility. (2) The Director of Veterans’ Affairs shall assign a sufficient number of state employees, in the discretion of the director, to provide oversight of the management of the facility. (3) The second Oregon Veterans’ Home may admit only patients who are veterans, as defined in ORS 408.225, the spouses of veterans and other patients who are eligible for admittance under federal law. [1995 c.591 §4; 2003 c.794 §274; 2007 c.668 §1; 2011 c.414 §1] Note: See note under 408.360. 408.380 Application of other statutes to second Oregon Veterans’ Home. (1) The Oregon Veterans’ Home authorized by section 1, chapter 591, Oregon Laws 1995, is subject to all state laws and administrative rules and all federal laws and administrative regulations to which long term care facilities operated by nongovernmental entities are subject, except for the requirement to obtain a certificate of need under ORS 442.315 from the Oregon Health Authority. (2) As used in this section, “long term care facility” has the meaning given that term in ORS 442.015. [1995 c.591 §6; 2005 c.22 §270; 2007 c.668 §2; 2009 c.595 §237]
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Note: See note under 408.360. 408.385 Third Oregon Veterans’ Home; planning for and development of fourth Oregon Veterans’ Home. (1) The Director of Veterans’ Affairs shall establish a third Oregon Veterans’ Home in Roseburg, in addition to the two facilities authorized by law on July 17, 1995. (2) The director may seek federal grant funds from the United States Department of Veterans Affairs for the purpose of establishing the third Oregon Veterans’ Home in Roseburg. (3) If the director determines that three facilities will not be sufficient to provide for the needs of the veterans of Oregon, the director may begin planning for and developing one additional Oregon Veterans’ Home. [1995 c.591 §5; 2011 c.296 §1; 2011 c.657 §1a] Note: See note under 408.360. 408.390 City acquisition of land for Oregon Veterans’ Home. When such power is conferred or contained in their charters or Acts of incorporation, incorporated cities may purchase, receive, take and acquire by eminent domain, or otherwise, and within or without corporate limits, land and necessary or convenient means of access thereto by roads, ways, streets, railroad spurs, bridges, or the like, and sell or donate the same to the Director of Veterans’ Affairs for the construction thereon of an Oregon Veterans’ Home. Such acquisition and donation shall be deemed for the general use and benefit of the inhabitants of any city exercising the powers granted by this section and for the general use and benefit of the veterans of the State of Oregon. For the purpose of exercising the power of eminent domain under this section and ORS 408.395 or under the provision in any municipal charter based upon this section, such taking or acquisition shall be deemed to be for a public and municipal use. [Formerly 408.510] 408.393 Incurring city indebtedness for Oregon Veterans’ Home. In connection with the exercise of the powers granted by ORS 408.390, such incorporated cities may incur such indebtedness and issue such bonds, warrants or other evidences of debt as their respective charters may authorize. [Formerly 408.520] 408.395 Condemnation of property for Oregon Veterans’ Home. For the purpose of exercising the powers conferred by ORS 408.390, any incorporated city may bring and maintain any suit or action for the appropriation, condemnation or taking of real property within or without its corporate limits, in fee simple or otherwise, including riparian rights, rights of way and other easements. The city may proceed to have such property appropriated and the compensation therefor determined and paid, in the manner provided by law for exercising of the power of eminent domain by municipal corporations. [Formerly 408.530] Note: Section 35, chapter 812, Oregon Laws 2015, provides: Sec. 35. Lottery bonds for Roseburg Veterans’ Home. (1) For the biennium beginning July 1, 2015, at the request of the Oregon Department of Administrative Services, after the department consults with the Department of Veterans’ Affairs, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 to 286A.585 in an amount that produces $10.5
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million in net proceeds and interest earnings for the purpose described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. (2) Net proceeds of lottery bonds issued under this section in an amount sufficient to provide $10.5 million in net proceeds and interest earnings must be transferred to the Department of Veterans’ Affairs and deposited in the Roseburg Veterans’ Home Construction Fund established in section 19, chapter 624, Oregon Laws 2011, for the purpose of acquiring, developing, constructing and equipping the Roseburg Veterans’ Home. (3) The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized based on the finding that establishment of the Roseburg Veterans’ Home will create jobs in construction and health care fields. [2015 c.812 §35] COUNTY AID TO VETERANS 408.410 Appointment of county service officer; duties; annual budget requirement. (1) The county governing body in each county may appoint a service officer who shall give aid and assistance to any veteran, the spouse or dependents of the veteran or the survivors of the veteran, in applying for all benefits and aid to which they are entitled by federal, state or local laws, rules and regulations. The county governing body shall fix the compensation of the service officer, provide the service officer with an office and the necessary equipment therefor in the same manner as provided for any other county officer. If a county governing body appoints a service officer, the governing body shall also provide in the annual budget for expenditure of moneys sufficient to enable the county to employ the service officer, to properly maintain the office provided for the service officer and to pay the costs incurred by the service officer in providing assistance to veterans, spouses and dependents of veterans or survivors of veterans. The annual expenditures required by this section shall be made from the county funds referred to in ORS 408.720. (2) As used in this section: (a) “Survivor of a veteran” means the spouse or a dependent of a deceased veteran. (b) “Veteran” has the meaning given that term in ORS 408.225. [Amended by 1995 c.557 §1; 2007 c.357 §6; 2009 c.41 §13] 408.420 Recording discharge papers. Each county clerk shall maintain in the office a special book in which the county clerk shall, upon request, record the final discharge of any veteran. A recording fee may not be collected when the veteran requesting the record is an actual resident of the county or was a resident at the time of entrance into the service of the United States. In all other cases a legal fee shall be charged. There shall be kept in connection with the record an alphabetical index referring to the name of the veteran whose name appears in each discharge paper so recorded. Books that are necessary for the recording of the discharge papers shall be paid for by the several counties in the manner provided for paying other claims against the county. [Amended by 2009 c.500 §§2,2a]
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408.425 Inspection of discharge papers. (1) Each county clerk who receives a request to inspect veteran discharge papers that are recorded under ORS 408.420 shall produce the recorded discharge papers for inspection if: (a) The request for inspection is made in writing; (b) The request sets forth the name, address and telephone number of the requester; (c) The request sets forth the name and the date of birth or the last four digits of the Social Security number of the veteran; and (d) The request is made by: (A) The veteran or the spouse, legal guardian or personal representative of the veteran; (B) A county veterans’ service officer appointed under ORS 408.410; (C) A representative of the Department of Veterans’ Affairs; or (D) A licensed funeral establishment seeking to ascertain if a decedent was a veteran for the purpose of obtaining veteran’s burial benefits. (2) This section does not create a cause of action and may not be asserted as the basis of a per se negligence claim. (3) Each county clerk may adopt additional policies in order to protect recorded discharge papers from malicious or unlawful use and policies regarding copying of recorded discharge papers. (4) Each county clerk shall maintain in the records of the county clerk a copy of each request for inspection of recorded discharge information for a period of at least 10 years after the date the request is received by the county clerk. [2009 c.500 §3; 2009 c.500 §3a] Note: 408.425 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.430 Free services to veterans rendered by court administrator or county clerk. The county clerk or a court clerk or court administrator shall administer all oaths required in matters of pensions, certify pension vouchers, affix the seal of the court whenever required, and make and prepare copies of any documents of record in the office and certify thereto any matter required by veterans seeking benefits from any agency or department of the State of Oregon or federal government, without any charge, fee or compensation. [Amended by 1993 c.223 §9] MISCELLANEOUS VETERANS’ BENEFITS 408.440 Land of enlisted person exempt from foreclosure and judicial sale during war. No suit or action shall be commenced or maintained, during the period provided for in this section, to foreclose any mortgage upon real property, or to collect the debt secured thereby, if the land covered by the mortgage is owned, wholly or in part, by an enlisted person in the Army or Navy of the United States, who enlisted therein in the volunteer forces or who enlisted in the National Guard of the United States and of the State of Oregon and the organization of the enlisted person was called into the service of the United States. The lands of any such soldier or sailor shall be exempt from judicial sale for the satisfaction of any judgment during the period provided for in this section. This moratorium shall extend only during the period of actual service in the army or navy forces of the United States, and in no case shall begin prior to the day on which the Congress of the United States declares war, nor continue after 60 days subsequent
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to the conclusion of such war. All statutes of limitation in effect in this state shall be suspended during the period described in this section, as to such mortgages, debts and judgments. 408.450 Duty to pay fees during military duty. No person in the military or naval service of the United States, or any auxiliary corps thereof, while exercising any privilege in this state by virtue of having paid an annual license or privilege fee to any state board or commission for the right to practice a profession or engage in a trade, shall lose such privilege because of failure to pay any such fee for any subsequent year during the period the person is in such service, unless dishonorably discharged therefrom. Upon being discharged from such service under honorable conditions and upon written application within 60 days of such discharge, every such person shall be restored to former status with respect to any such privilege without the necessity of paying the then current license fee. 408.460 Certain claims payable out of General Fund. Lawful claims payable from the Memorial Fund, 116th Engineers, or the fund entitled Unclaimed Back Pay Due Second Oregon Volunteers, shall be paid, upon approval of the Adjutant General, from the General Fund. 408.470 Persons entitled to interment in Spanish War Veterans’ plot. All honorably discharged soldiers, sailors and marines who served in the forces of the United States during the Spanish War or Philippine Insurrection at any time between April 23, 1898, and July 4, 1902, who are now deceased or may hereafter die in Oregon or who being residents of Oregon die outside of Oregon, may be interred in the burial plot established pursuant to sections 1 to 3, chapter 72, Oregon Laws 1911. 408.480 [Repealed by 2015 c.531 §1] 408.485 Findings related to health care. The Legislative Assembly finds that: (1) The United States Department of Veterans Affairs Veterans Health Administration should be encouraged to export its expertise in military sexual trauma, post-traumatic stress disorder and other conditions associated with military service to health care providers outside of the administration; and (2) Health care providers outside of the administration should be encouraged to seek out continuing education in military sexual trauma, post-traumatic stress disorder and other conditions associated with military service. [2011 c.81 §1] Note: 408.485 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.490 Purchase of United States flags for placement on veterans’ graves. The county court or board of county commissioners of each county is authorized annually to budget and pay such amount of money as it may deem reasonable for the purpose of purchasing flags of the United States for placement, by any nationally chartered organization or organizations of war veterans, annually on or prior to Memorial Day, upon the graves of deceased war veterans of the United States who are interred within the county. [1953 c.355 §1]
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408.495 Employed veteran time off for Veterans Day. (1) An employer shall provide an employee who is a veteran as defined in ORS 408.225 with paid or unpaid time off for Veterans Day if: (a) The employee would otherwise be required to work on that day; and (b) The employee provides the employer with: (A) At least 21 calendar days’ notice that the employee intends to take time off for Veterans Day; and (B) Documents showing that the employee is a veteran as defined in ORS 408.225. (2) If the employer determines that providing time off under subsection (1) of this section would cause the employer to experience significant economic or operational disruption, or undue hardship as described in ORS 659A.121, the employer is not required to comply with subsection (1) of this section. (3) The employer shall, at least 14 calendar days before Veterans Day, notify the employee whether the employee will be provided time off for Veterans Day and whether the time off will be paid or unpaid. (4) If the employer determines that the employer cannot provide time off to all of the employees who requested time off under subsection (1) of this section, the employer shall: (a) Deny time off to all employees who requested time off; or (b) Deny time off to the minimum number of employees needed by the employer to avoid significant economic or operational disruption, or undue hardship as described in ORS 659A.121. (5) An employer shall allow an employee who is a veteran and who does not receive time off for Veterans Day to choose, with the employer’s approval, a single day off within the year after the Veterans Day on which the employee worked as a replacement for Veterans Day to honor the employee’s service. [2013 c.28 §1] Note: 408.495 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.497 Preference in private employment. (1) As used in this section, “service” and “uniformed service” have the meanings given those terms in ORS 659A.082. (2) A private, nonpublic employer may give preference in the hiring and promotion of employees to: (a) A person who is performing, or has performed, service in the uniformed service; (b) If a person has performed service in the uniformed service and has been determined by the United States Department of Veterans Affairs to be permanently and totally disabled as the result of enemy action or a service-related accident, the spouse of the person; and (c) The widow or widower of a person who performed service in the uniformed service. [2014 c.86 §2] Note: 408.497 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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408.500 Oregon Veterans’ Emergency Financial Assistance Program; rules. (1) The Oregon Veterans’ Emergency Financial Assistance Program is created. (2) The purpose of the program is to provide emergency financial assistance to Oregon veterans and their immediate families for needs that include but are not limited to: (a) Emergency or temporary housing and related housing expenses, such as expenses for utilities, insurance, house repairs, rent assistance or food; (b) Emergency medical or dental expenses; (c) Emergency transportation; (d) Expenses related to starting a business, such as business licenses or occupational licenses; (e) Temporary income after military discharge; and (f) Legal assistance. (3) The Department of Veterans’ Affairs shall administer the program created under subsection (1) of this section and shall adopt rules implementing the program, including but not limited to establishing procedures for applying for emergency financial assistance and criteria for determining eligibility to receive emergency financial assistance. (4) As used in this section: (a) “Immediate family” means a spouse, unremarried surviving spouse, child or stepchild. (b) “Veteran” means: (A) A veteran as defined in ORS 408.225; (B) A person who is a member of the Oregon National Guard who has been demobilized after serving on federal active duty for more than 30 days; or (C) A person who is an Oregon resident, is a member of the Reserves and has been demobilized after serving on federal active duty for more than 30 days. [2005 c.831 §6; 2007 c.42 §1] Note: 408.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. INFORMATION AND REINTEGRATION SERVICES FOR VETERANS 408.503 Department website relating to benefits; reports to Legislative Assembly. (1) The Department of Veterans’ Affairs shall establish a website that allows members of the public to request information about veterans’ benefits and services and enter contact information. (2) The department shall coordinate outreach to individuals who request information through the website established under subsection (1) of this section or in any other manner. (3) On or before October 1 of each even-numbered year, the department shall report to the appropriate interim committees of the Legislative Assembly on the department’s outreach to veterans. [2009 c.851 §1] Note: 408.503 to 408.505 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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408.504 Link on agency websites. An agency, as defined in ORS 183.310, shall include on the agency’s website a link to the website established by the Department of Veterans’ Affairs under ORS 408.503. [2009 c.851 §2] Note: See note under 408.503. 408.505 Agencies to make available and provide information to veterans; report to legislature. (1) As used in this section, “agency” has the meaning given that term in ORS 183.310. (2) In order to assist veterans in claiming federal benefits, the Department of Veterans’ Affairs and the Oregon Military Department shall provide agencies with materials to inform individuals how to contact the Department of Veterans’ Affairs and the reintegration team within the Oregon Military Department to request information about veterans’ benefits and services. (3) An agency shall: (a) Make available in offices that are accessible to the public the information provided under subsection (2) of this section; and (b) When appropriate, feasible and consistent with the agency’s mission, make reasonable efforts to: (A) Ask a customer or client who comes into contact with the agency if the customer or client is a veteran; and (B) Provide the information provided under subsection (2) of this section to a customer or client who states that the customer or client is a veteran. (4) An agency may cooperate with elected officials, local governments, school districts and community colleges to implement other measures to direct customers or clients to the Department of Veterans’ Affairs or the reintegration team within the Oregon Military Department to obtain information about veterans’ benefits and services. (5) On or before October 1 of each even-numbered year, agency directors shall report to the appropriate interim committees of the Legislative Assembly on the effectiveness of measures undertaken to implement the provisions of this section. (6) This section does not require an agency to respond to inquiries from customers or clients about veterans’ benefits or services. [2009 c.851 §3; 2011 c.41 §1] Note: See note under 408.503. 408.506 Agencies to partner with Oregon Military Department to provide reintegration services. The Department of Human Services, the Department of Transportation, the Housing and Community Services Department, the Employment Department, the Department of Justice, the Judicial Department, public universities listed in ORS 352.002, the Bureau of Labor and Industries, the Office of Community Colleges and Workforce Development and the Department of Veterans’ Affairs shall partner with the Oregon Military Department to provide reintegration services for veterans throughout this state through regional strategies. [2011 c.19 §1; 2013 c.768 §142; 2015 c.366 §86; 2015 c.767 §173] Note: 408.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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408.507 Information to be provided by establishments operated to provide food to needy persons. (1) The Department of Veterans’ Affairs and the Oregon Military Department shall make available to establishments operated to provide food to indigent or needy persons information on how to contact the Department of Veterans’ Affairs and the reintegration team within the Oregon Military Department to request information about veterans’ benefits and services. (2) An establishment operated to provide food to indigent or needy persons that receives public funds shall: (a) Make available to indigent or needy persons served the information provided under subsection (1) of this section; and (b) When appropriate, feasible and consistent with the establishment’s mission, make reasonable efforts to: (A) Ask a person who is provided food if the person is a veteran; and (B) Provide the information provided under subsection (1) of this section to a person who is provided food and states that the person is a veteran. [2011 c.41 §3] Note: 408.507 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 408.510 [Amended by 1993 c.795 §8; renumbered 408.390 in 1999] 408.520 [Renumbered 408.393 in 1999] 408.530 [Renumbered 408.395 in 1999] USE OF PUBLIC FACILITIES BY VETERANS’ ORGANIZATIONS 408.540 Use of buildings by veterans’ organizations. All buildings acquired or constructed by county courts pursuant to chapter 595, Oregon Laws 1947, shall be made available for the use of any veterans’ organizations and their auxiliaries located in the city, town or community where any such building is located. 408.550 [Repealed by 1961 c.454 §213] 408.560 Use of public buildings for meetings of veterans’ and auxiliary organizations. In counties where there is no armory belonging to or under control of state authority, the county courts or boards of county commissioners, upon written application of the commander or president of any organized unit of war veterans or its auxiliary, shall allow its unit organized in such county, free of cost, to occupy a portion of the courthouse or any other public building, when such occupancy does not materially interfere with occupancy of the building for the original purposes for which it was intended. [Amended by 1961 c.454 §210] VETERANS WITH MENTAL ILLNESS 408.570 Commitment of veterans with mental illness to United States veterans facility. When a veteran who has been adjudged under ORS 426.130 to be a person with mental illness is
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eligible for treatment in a United States veterans facility and commitment is necessary for the proper care and treatment of such veteran, the Oregon Health Authority or community mental health program director, as provided under ORS 426.060, may, upon receipt of a certificate of eligibility from the United States Department of Veterans Affairs, assign the person to the United States Department of Veterans Affairs for care, custody and treatment in a United States veterans facility. Upon admission to any such facility, the veteran shall be subject to the rules and regulations of the United States Department of Veterans Affairs and provisions of ORS 426.060 to 426.395 and related rules and regulations of the Oregon Health Authority. The chief officer of such facility shall be vested with the same powers exercised by superintendents of state hospitals for persons with mental illness within this state with reference to the retention, transfer, trial visit or discharge of the veteran so assigned. The commitment of a veteran to a veterans facility within this state by a court of another state under a similar provision of law has the same force and effect as if the veteran was committed to a veterans facility within that other state. [Amended by 1975 c.690 §26; 1991 c.67 §100; 2007 c.70 §160; 2009 c.595 §238; 2013 c.360 §13] 408.580 Transfer of veterans with mental illness from state to federal hospitals. Upon receipt of a certificate of eligibility and available facilities, the Oregon Health Authority may cause to be transferred any veteran from any facility to which the veteran has been assigned to a United States veterans facility. No veteran under sentence by any court, or committed by any court after having been charged with any crime and acquitted on the ground of mental disease or defect, may be transferred without an order of such court authorizing the transfer. Whenever any veteran, not a convict, has been committed by order of a court and is transferred as provided in this section, the order of commitment shall be held to apply to the facility to which the veteran is transferred as to any other facility to which the veteran could be assigned or transferred under ORS 426.060. [Amended by 1975 c.690 §27; 2009 c.595 §239] 408.590 [Repealed by 1963 c.540 §8] BENEFITS TO INDIGENT VETERANS 408.710 Indigent veteran defined; effect of property ownership. (1) As used in ORS 408.710 to 408.740, “indigent veteran” means any veteran who is without means of procuring the necessities of life. (2) A person may not be deprived of the benefits provided for in ORS 408.720 to 408.740 by reason of the fact that the person owns property that is not of such a character that it may be used to give assistance to the person, or owns a home that is not disproportionate to the needs of such veteran and family. A person may not be deprived of such benefits until the person has ceased to be domiciled in the county for a period of one year. [Amended by 2009 c.41 §15] 408.720 Tax levy to finance activities of veterans’ service officer; use of proceeds; use of county general funds. (1) Except as provided in subsection (3) of this section, in addition to the taxes now authorized to be levied by law, a county governing body may levy in each year a tax not exceeding one-eightieth of one percent (0.000125) of the real market value of all taxable property within the county, computed in accordance with ORS 308.207. The tax shall be levied and collected in the same manner as other county taxes and is subject to the limits set forth in ORS 310.150. (2) The taxes collected shall be set apart in the county treasury as a special fund for the purpose of financing the employment and the activities of the service officer appointed under ORS 408.410. If an unobligated balance remains in the special fund at the end of a fiscal year,
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the unobligated balance may be carried forward to the next fiscal year and expended for the purposes described in this subsection. (3) A county governing body need not levy the tax authorized under subsection (1) of this section in any fiscal year when, at the beginning of the fiscal year, the unobligated balance in the special fund described in subsection (2) of this section is sufficient to finance the employment and activities of the service officer for the entire fiscal year. (4) If the unobligated balance in the special fund at the beginning of a fiscal year is not sufficient to finance the employment and activities of the service officer for the entire fiscal year or if the levy authorized by subsection (1) of this section is not made by a county governing body for any year for the objects specified in subsection (2) of this section, all expenses incurred under ORS 408.410 and 408.720 to 408.740 shall be paid from the general funds in the treasury of the county the same as though such levy had been duly made. [Amended by 1963 c.9 §24; 1991 c.459 §398; 1995 c.557 §2] 408.730 Procedure when indigent veterans are cared for by veterans organizations. (1) The commander or executive head of any veterans organization organized under a charter issued by an Act of Congress, proposing to undertake the relief provided for in ORS 408.720, shall file with the county clerk of the county in which the veterans organization may be situated, the names of its commander or executive head and its relief committee, if any. The commander or executive head shall also file a notice in writing that such veterans organization will undertake the relief of the indigent persons provided for in ORS 408.720, and by the fourth Monday in January of each year shall file with the county clerk a similar notice, and render and file a detailed statement of the relief furnished during the preceding year, including the amount thereof, the names of the persons to whom furnished and on whose recommendation, and such other facts and suggestions as are deemed material. (2) The commander or executive head shall also file a bond, with one or more sureties, to be approved by the county court or judge thereof, or board of county commissioners, in a sum not less than $100 and not more than $1,000. The amount of the bond shall be fixed by the court, judge or board. It shall run to the county, and be conditioned by stating that if said commander or executive head faithfully applies all funds that come into the hands of the commander or executive head for that purpose, to the relief of the indigent persons named in ORS 408.720, it is void. If the bond is enforced there shall be recovered from the principal and sureties thereon the amount which is found to be misappropriated, which shall be paid into the county treasury. (3) If the county operates on a fiscal year ending on June 30, the notice, statement and bond required by this section may be filed on the fourth Monday in July of each year rather than on the fourth Monday of January. If the statement required by subsection (1) of this section is filed at the time provided in this subsection, this statement shall cover the preceding fiscal year. (4) On the approval and filing of the bond, and on the recommendation of the relief committee of any such veterans organization, orders shall be drawn in favor of the commander or executive head in the same manner as orders are now drawn for the relief of the poor. The orders shall designate thereon the names of the persons for whom the relief is intended and, in like manner, a sum not exceeding $100 may be drawn to pay the funeral expenses of an indigent veteran, and the indigent spouses and surviving spouses in marriages and minor children of such veterans. [Amended by 1955 c.56 §1; 2009 c.41 §16; 2015 c.629 §47]
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408.740 Appointment and duties of county veterans’ relief officer. The relief fund may be disbursed by an officer to be appointed by the county court or board of county commissioners. The commanders or executive heads of the various veterans organizations shall constitute an advisory board to consult and advise with the court or board relative to administration and disbursement of the fund. Such officer shall investigate all requests for relief, and no warrant shall be paid from the fund except upon the order of such officer. The officer shall give such bond as may be required and approved by the court or board, and may be removed at any time by the court or board. If any vacancy occurs in such office, the court or board shall appoint a successor to such officer. Such officer shall be paid a salary from funds of the county other than the relief fund, to be fixed by the court or board, and audited and paid in the manner that county officers are paid, as provided by law. 408.750 [Repealed by 2015 c.531 §1]
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Chapter 414 — Medical Assistance
2015 EDITION
MEDICAL ASSISTANCE HUMAN SERVICES; JUVENILE CODE; CORRECTIONS GENERAL PROVISIONS 414.044 Notice to Department of Veterans’ Affairs of information regarding applications for
health care coverage by uniformed service members and veterans; rules GENERAL PROVISIONS 414.044 Notice to Department of Veterans’ Affairs of information regarding applications for health care coverage by uniformed service members and veterans; rules. (1) As used in this section: (a) “Uniformed service” means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (b) “Written information” means information that is in written form and includes but is not limited to information obtained by electronic means, such as electronic mail, facsimile or other form of electronic communication. (2)(a) Subject to subsection (3) of this section, the Director of the Oregon Health Authority shall notify the Director of Veterans’ Affairs at least once each month regarding receipt of written information from a member or veteran of a uniformed service in connection with an application for health care coverage. (b) The notification required under this subsection is limited to notifying the Director of Veterans’ Affairs of the name and residence address or mailing address of the member or veteran. (c) The authorization of a member or veteran as required by subsection (3) of this section may be contained in the written information at the time it is received by the Oregon Health Authority or separately at another time, but the authorization must specifically authorize the notification to be made under this section. (3) The Director of the Oregon Health Authority shall notify the Director of Veterans’ Affairs as required by subsection (2) of this section only if authorized to do so in writing by the member or veteran of a uniformed service. (4) The Oregon Health Authority, in consultation with the Department of Veterans’ Affairs, shall adopt rules to implement the provisions of this section, including but not limited to the method of notification required under subsection (2) of this section. [2015 c.621 §1]
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Note: 414.044 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 416 — Recovery of Aid and Support
2015 EDITION
RECOVERY OF AID AND SUPPORT HUMAN SERVICES; JUVENILE CODE; CORRECTIONS PARENTAL SUPPORT OF DEPENDENT CHILDREN 416.425 Motions to modify financial responsibility orders; service; temporary suspension of
order during period of significant unemployment
_______________ PARENTAL SUPPORT OF DEPENDENT CHILDREN 416.425 Motions to modify financial responsibility orders; service; temporary suspension of order during period of significant unemployment. (1) Any time support enforcement services are being provided under ORS 25.080, the obligor, the obligee, the party holding the support rights or the administrator may move for the existing order to be modified under this section. The motion shall be in writing in a form prescribed by the administrator, shall set out the reasons for modification and shall state the address of the party requesting modification. (2) The moving party shall state in the motion, to the extent known: (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the dependent child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.415, 419B.400 or 419C.590 or ORS chapter 110; and (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the dependent child, other than the order the party is moving to modify. (3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the order the party is moving to modify. The party shall use a certificate that is in a form prescribed by the administrator and include information required by the administrator and subsection (2) of this section. (4) The moving party shall serve the motion upon the obligor, the obligee, the party holding the support rights and the administrator, as appropriate. The nonrequesting parties must be served in the same manner as provided for service of the notice and finding of financial responsibility under ORS 416.415 (1)(a). Notwithstanding ORS 25.085, the requesting party must be served by first class mail to the requesting party’s last known address. The nonrequesting parties have 30 days to resolve the matter by stipulated agreement or to serve the moving party by regular mail with a written response setting forth any objections to the motion and a request for hearing. The hearing shall be conducted under ORS 416.427.
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(5) When the moving party is other than the administrator and no objections and request for hearing have been served within 30 days, the moving party may submit a true copy of the motion to the administrative law judge as provided in ORS 416.427, except the default may not be construed to be a contested case as defined in ORS chapter 183. Upon proof of service, the administrative law judge shall issue an order granting the relief sought. (6) When the moving party is the administrator and no objections and request for hearing have been served within 30 days, the administrator may enter an order granting the relief sought. (7) A motion for modification made under this section does not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is entered. (8) An administrative order filed in accordance with ORS 416.440 is a final judgment as to any installment or payment of money that has accrued up to the time the nonrequesting party is served with a motion to set aside, alter or modify the judgment. The administrator may not set aside, alter or modify any portion of the judgment that provides for any payment of money for minor children that has accrued before the motion is served. However: (a) The administrator may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and (b) The administrator may allow a credit against child support arrearages for any Social Security or veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement. (9) The party requesting modification has the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS 25.287. (10) The obligee is a party to all proceedings under this section. (11) An order entered under this section that modifies a support order because of the incarceration of the obligor is effective only during the period of the obligor’s incarceration and for 60 days after the obligor’s release from incarceration. The previous support order is reinstated by operation of law on the 61st day after the obligor’s release from incarceration. An order that modifies a support order because of the obligor’s incarceration must contain a notice that the previous order will be reinstated on the 61st day after the obligor’s release from incarceration. (12)(a) Notwithstanding subsections (1) to (11) of this section, any time support enforcement services are being provided under ORS 25.080, upon request of a party to a support order or judgment or on the administrator’s own motion, the administrator may move to suspend the order or judgment and issue a temporary modification order under this subsection when: (A) There is a period of significant unemployment as that term is described in paragraph (b) of this subsection; and (B) A party to the support order or judgment experiences an employment-related change of income as defined by rule in ORS 416.455. (b) Proceedings under this subsection may be initiated only when there is a period of significant unemployment in Oregon. The Attorney General shall determine when a “period of significant unemployment” exists in Oregon and designate the beginning and ending dates thereof. In making the determination of when a period of significant unemployment exists in
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Oregon, the Attorney General may consider whether there is in effect an “extended benefit period” as that term is defined in ORS 657.321. (c) Except as otherwise provided in this subsection, the provisions of subsections (1) to (11) of this section apply to a motion for an order of suspension and temporary modification under this subsection. (d) A party’s employment-related change of income during a period of significant unemployment is considered a substantial change of circumstances for purposes of proceedings brought under this section. (e) The motion for an order of suspension and temporary modification must be in writing and must include, but need not be limited to: (A) The amount of the existing support order or judgment; (B) The amount of the obligor’s and obligee’s income immediately preceding the party’s employment-related change of income, if known; (C) The reason for the party’s employment-related change of income; (D) How the party’s employment-related change of income affects the party’s employment status, income and, if applicable, ability to pay support; (E) The obligor’s and the obligee’s current sources of income, if known; (F) The proposed amount of the temporary modification order; (G) A statement that if a party objects to the motion for an order of suspension and temporary modification, then the party may request a hearing within 14 days of service of the motion as provided in paragraph (g) of this subsection; (H) A statement that the preexisting support order or judgment will be reinstated as provided in paragraph (h) of this subsection; and (I) A statement that a party may request a renewal of the order of suspension and temporary modification prior to its expiration as provided in paragraph (j) of this subsection. (f) The administrator shall serve the motion filed under this subsection upon the parties by regular first class mail, facsimile or electronic mail unless a party signs a form agreeing to accept service of the motion. (g) A party may request a hearing within 14 days of service of the motion. If a hearing is requested, the provisions of ORS 416.427 apply. When there has been no request for hearing, the administrator may enter an order of suspension and temporary modification under this subsection. The order must be consistent with the provisions of the motion filed under this subsection and be in substantial compliance with the formula established under ORS 25.275. (h) An order of suspension and temporary modification issued under this subsection is temporary and remains in effect for six months from the date the order is filed under ORS 416.440 or until the date specified in the notice provided under paragraph (i) of this subsection informing of the party’s reemployment, whichever is earlier, at which time the preexisting support order or judgment becomes immediately effective and payable on the first day of the following month unless an order of renewal is issued under paragraph (j) of this subsection. (i) The administrator may issue a notice of reinstatement at any time during which an order of suspension and temporary modification is in effect under this subsection when a party obtains employment and receives income that is sufficient to reinstate support in an amount substantially similar to the amount in the preexisting support order or judgment. The notice shall be served as provided in paragraph (f) of this subsection and must state that, unless a request for hearing is received within 14 days of service of the notice, the administrator will enter an order terminating the order of suspension and temporary modification and reinstating the amount of the preexisting
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support order or judgment effective on a date to be specified in the notice. If a hearing is requested, the provisions of ORS 416.427 apply. When there is no request for hearing, the administrator may enter an order terminating the order of suspension and temporary modification and reinstating the preexisting support order or judgment effective upon the date specified in the notice. (j) Prior to expiration of an order of suspension and temporary modification under this subsection and upon request of a party, the administrator may renew the order of suspension and temporary modification for additional six-month periods or until the party obtains employment as described in paragraph (i) of this subsection, whichever occurs first, if the circumstances under which the order was originally issued continue to exist unchanged. [1979 c.421 §5; 1985 c.671 §37; 1989 c.566 §2; 1991 c.519 §4; 1993 c.596 §33; 1995 c.609 §1; 1999 c.127 §1; 1999 c.836 §1; 2003 c.75 §88; 2003 c.116 §13; 2003 c.419 §4; 2003 c.572 §16b; 2003 c.576 §208a; 2005 c.560 §13; 2009 c.80 §8; 2013 c.183 §1; 2013 c.184 §1; 2015 c.298 §99]
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Chapter 432 — Vital Statistics
2015 EDITION
VITAL STATISTICS PUBLIC HEALTH AND SAFETY SYSTEM OF VITAL STATISTICS (Reports of Death and Fetal Death) 432.133 Mandatory submission and registration of reports of death; persons required to report FEES AND SALES 432.435 Fees SYSTEM OF VITAL STATISTICS REPORTS (Reports of Death and Fetal Death) 432.133 Mandatory submission and registration of reports of death; persons required to report. (1)(a) A report of death for each death that occurs in this state must be submitted to the county registrar of the county in which the death occurred or to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after death or the finding of a dead body and before final disposition, and must be registered if it has been completed and submitted in accordance with this section. (b) If the place of death is unknown, but the dead body is found in this state, the report of death must be completed and submitted in accordance with this section. The place where the body is found must be noted as the place of death except, if in an emergency the decedent is moved by conveyance to another county and is dead on arrival, the death shall be considered to have occurred in the county from where the body was originally moved. (c) When death occurs in a moving conveyance within or outside the United States and the body is first removed from the conveyance in this state, the death must be registered in this state and the place where the body is first removed shall be deemed the place of death. The report of death may note the actual location of death insofar as it can be determined. (d) In all other cases, the place where death is pronounced shall be considered the place where death occurred. (e) If the date of death is unknown, the medical certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date that the body was found shall be entered on the report of death.
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(2)(a) The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall submit the report of death to the county registrar of the county in which the death occurred or to the Center for Health Statistics. In cases where there is no funeral service practitioner or person acting as a funeral service practitioner, the medical examiner shall submit the report of death. (b) The funeral service practitioner or person acting as the funeral service practitioner shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible for the medical certification. (c) The funeral service practitioner or person acting as the funeral service practitioner shall provide sufficient information to identify the decedent to the medical certifier within 48 hours after death unless the medical certification has already been submitted. (3) A medical certification shall be completed within 48 hours after having access to the report of death by the decedent’s primary or attending medical certifier who was in charge of the care of the patient for the illness or condition that resulted in death, except when inquiry is required under ORS chapter 146. In the absence or inability of the medical certifier, or with the medical certifier’s approval, the report of death may be completed by an associate of the medical certifier, the chief medical officer of the institution where death occurred or the physician who performed an autopsy upon the decedent, provided that the associate, chief medical officer or physician has access to the medical history of the case and death is due to natural causes. The person completing the cause of death shall attest to its accuracy either by signature or by electronic signature. (4) When inquiry is required under ORS chapter 146, the medical examiner in the jurisdiction where death occurred or the body was found shall determine the cause and manner of death and shall complete and sign the medical certification within 48 hours after taking charge of the case. If the cause or manner of death is unknown or pending investigation, the cause or manner of death shall be noted as such on the report of death. (5) When the death occurs in a hospital where more than 10 deaths occurred during the previous calendar year, the person in charge of the hospital shall require the medical certification to be reported through the state electronic reporting system and the report of death to include the electronic signature of the medical certifier. (6)(a) When a death occurs in a hospital described in subsection (5) of this section and the death is not under the jurisdiction of a medical examiner, the person in charge of the hospital or the designated representative of the person in charge of the hospital shall enter the following information on the report of death within 48 hours of death: (A) If the report of death does not exist in the state electronic reporting system, the name of the decedent, the date of the decedent’s birth, the date of the decedent’s death and the county in which the decedent died; and (B) The medical certification of death, accompanied by the signature or electronic signature of the person completing the cause of death as described in subsection (3) of this section. (b) The partially completed report of death prepared under this subsection shall be made available to the funeral service practitioner or person acting as a funeral service practitioner within 48 hours of death. (7) Upon receipt of autopsy results or other information that would change the information related to the cause or manner of death, a medical certifier or medical examiner shall submit an amendment to the record of death within five calendar days to the Center for Health Statistics.
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(8) When a death that is not the subject of a presumptive death proceeding in a court in this state or another state is presumed to have occurred in this state as the result of a known event in this state, but no remains of the presumed deceased can be located, a report of death may be prepared by the State Medical Examiner upon receiving an order from a court of competent jurisdiction that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged “Presumptive” and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order. (9) When a death of a missing person domiciled in this state, and that is not the subject of a presumptive death proceeding in a court of this state or another state, has been determined by a court of competent jurisdiction to have presumptively occurred in another state, a report of death may be prepared by the State Medical Examiner upon receiving an order from the court that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged “Presumptive” and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order. (10) When a death occurring in this state has not been registered as prescribed by this section, a report of death may be submitted to the state registrar as described in this section provided that the medical certifier or medical examiner and the funeral service practitioner or person acting as a funeral service practitioner are available to complete the report of death. If the report of death is submitted more than one year after the date of death or the date on which the body was found, the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner shall state in accompanying notarized statements that the information submitted is based on records kept in the files of the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner. If the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner are unavailable to complete the report of death, or decline to complete the report death, then the death shall not be registered except upon the receipt of an order from a court of competent jurisdiction. (11) A report of death required to be submitted under this section must contain the Social Security number of the decedent when the Social Security number is reasonably available from other records related to the decedent or can be obtained from the person in charge of the final disposition of the decedent. (12) If a decedent’s death was caused by suicide, the person who submits the report of death to the county registrar or to the Center for Health Statistics, or as otherwise directed by the state registrar, shall make reasonable efforts to ascertain whether the decedent was a veteran and, if the decedent was a veteran, whether the decedent served in combat and, if so, where the decedent served. Information acquired under this subsection must be reported to the Center for Health Statistics through the state electronic reporting system. [Formerly 432.307] FEES AND SALES 432.435 Fees. (1) Except as provided in ORS 432.445 and subsection (2) of this section, and subject to the review of the Oregon Department of Administrative Services, the Oregon Health Authority shall establish all fees for services provided under this chapter. The fees and charges
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established under this section shall be authorized by the Legislative Assembly for the authority’s budget, as the budget may be modified by the Emergency Board. (2) The State Registrar of the Center for Health Statistics shall search the system of vital statistics and issue certified copies or other documents, as appropriate, without charge if the search or issuance is: (a) Requested in connection with a pending application for benefits from the United States Department of Veterans Affairs, if proof of the application is first submitted; or (b) In response to an administrative error as determined by the state registrar. (3) Fees collected under this section shall be deposited in the Oregon Health Authority Fund and are continuously appropriated to the Center for Health Statistics for the purpose of administering this chapter. [Formerly 432.146]
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Chapter 456 — Housing
2015 EDITION
HOUSING PUBLIC HEALTH AND SAFETY VETERANS’ LOCAL HOUSING 456.505 Veterans’ housing by local agencies
_______________ VETERANS’ LOCAL HOUSING 456.505 Veterans’ housing by local agencies. Any lease, agreement or contract under chapter 420, Oregon Laws 1947, by and between any local agency or agencies and any authority or agency, federal or otherwise, providing housing facilities remains effective according to the instrument between the agencies concerned, notwithstanding the limitations of chapter 143, Oregon Laws 1949.
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Chapter 458 — Housing and Community Services Programs; Individual Development Accounts
2015 EDITION
HOUSING AND COMMUNITY SERVICES PROGRAMS PUBLIC HEALTH AND SAFETY OREGON HOUSING FUND 458.610 Definitions for ORS 458.600 to 458.665 458.650 Disbursement of funds in Emergency Housing Account; grant policies 458.655 Disbursement of moneys in Home Ownership Assistance Account; grant preferences
______________ OREGON HOUSING FUND 458.610 Definitions for ORS 458.600 to 458.665. For purposes of ORS 458.600 to 458.665: (1) “Council” means the Oregon Housing Stability Council established in ORS 456.567. (2) “Department” means the Housing and Community Services Department established in ORS 456.555. (3) “Low income” means income that is more than 50 percent and not more than 80 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the council based on information from the United States Department of Housing and Urban Development. (4) “Minority” means an individual: (a) Who has origins in one of the black racial groups of Africa but who is not Hispanic; (b) Who is of Hispanic culture or origin; (c) Who has origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or (d) Who is an American Indian or Alaskan Native having origins in one of the original peoples of North America. (5) “Organization” means a: (a) Nonprofit corporation established under ORS chapter 65; (b) Housing authority established under ORS 456.055 to 456.235; or (c) Local government as defined in ORS 197.015. (6) “Persons with disabilities” means persons with handicaps described in 42 U.S.C. 3602(h). (7) “Very low income” means income that is 50 percent or less of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs,
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all as determined by the council based on information from the United States Department of Housing and Urban Development. (8) “Veteran” has the meaning given that term in ORS 408.225. [1991 c.740 §2; 1995 c.79 §271; 2007 c.70 §266; 2009 c.18 §6; 2013 c.646 §2; 2015 c.180 §24; 2015 c.608 §1] 458.650 Disbursement of funds in Emergency Housing Account; grant policies. (1) The Emergency Housing Account shall be administered by the Housing and Community Services Department to assist homeless persons and those persons who are at risk of becoming homeless. An amount equal to 25 percent of moneys deposited in the account pursuant to ORS 294.187 is dedicated for expenditure for assistance to veterans who are homeless or at risk of becoming homeless. For purposes of this section, “account” means the Emergency Housing Account. (2) The Oregon Housing Stability Council shall develop policy for awarding grants to organizations that shall use the funds to provide to low and very low income persons, including but not limited to, persons more than 65 years of age, persons with disabilities, farmworkers and Native Americans: (a) Emergency shelters and attendant services; (b) Transitional housing services designed to assist persons to make the transition from homelessness to permanent housing and economic independence; (c) Supportive housing services to enable persons to continue living in their own homes or to provide in-home services for such persons for whom suitable programs do not exist in their geographic area; (d) Programs that provide emergency payment of home payments, rents or utilities; or (e) Some or all of the needs described in paragraphs (a) to (d) of this subsection. (3)(a) The council shall require as a condition of awarding a grant that the organization demonstrate to the satisfaction of the council that the organization has the capacity to deliver any service proposed by the organization. (b) Any funds granted under this section shall not be used to replace existing funds. Funds granted under this section may be used to supplement existing funds. An organization may use funds to support existing programs or to establish new programs. (c) The council, by policy, shall give preference in granting funds to those organizations that coordinate services with those programs established under ORS 458.625. (4) The department may expend funds from the account for administration of the account as provided for in the legislatively approved budget, as that term is defined in ORS 291.002, for the department. [1991 c.740 §7; 2007 c.70 §268; 2011 c.605 §2; 2013 c.646 §3; 2015 c.180 §27] 458.655 Disbursement of moneys in Home Ownership Assistance Account; grant preferences. (1) The Home Ownership Assistance Account shall be administered by the Housing and Community Services Department to expand this state’s supply of homeownership housing for low and very low income families and individuals, including, but not limited to, persons over 65 years of age, persons with disabilities, minorities, veterans and farmworkers. An amount equal to 25 percent of moneys deposited in the account pursuant to ORS 294.187 is dedicated for expenditure to expand this state’s supply of homeownership housing for low and very low income veterans and families of veterans. The Oregon Housing Stability Council shall have a policy of distributing funds statewide while concentrating funds in those areas of this state with the greatest need, as determined by the council, for low and very low income
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homeownership housing. However, the council’s policy of distributing funds may differ from the distribution policy for the Housing Development and Guarantee Account. (2) Funds in the Home Ownership Assistance Account shall be granted to organizations that both sponsor and manage low income homeownership programs, including lease-to-own programs, for the construction of new homeownership housing or for the acquisition or rehabilitation of existing structures for homeownership housing for persons of low or very low income, or both. (3) The council shall develop a policy for disbursing grants for any or all of the following purposes: (a) To aid low income homeownership programs, including program administration, in purchasing land, providing assistance with down payment costs, or providing homeownership training and qualification services or any combination thereof. Funds in the Home Ownership Assistance Account may not be used by an organization to pay for its general operations or to pay for more than 25 percent of construction or rehabilitation costs. (b) To match public and private moneys available from other sources for purposes of the provision of low or very low income homeownership housing. (c) To administer the Home Ownership Assistance Account as provided for in the legislatively approved budget, as that term is defined in ORS 291.002, for the department. (4) The council, in developing policy under subsection (3) of this section, shall give preference in making grants to those entities that propose to: (a) Provide the greatest number of low and very low income homeownership housing units constructed, acquired or rehabilitated for the amount of account money expended by matching account funds with other grant, loan or eligible in-kind contributions; (b) Ensure the longest use for the units as low or very low income homeownership housing units, such as by including some form of equity recapture, land trust or shared equity provisions, as determined by the council; (c) Include social services for occupants and proposed occupants of the proposed housing, including but not limited to, programs that address home health care, mental health care, alcohol and drug treatment and post-treatment care, child care, homeownership training, mortgage qualification service, credit repair and case management; and (d) Support a comprehensive strategy to reverse the decreasing rates of homeownership among minorities, giving priority to activities that support adopted comprehensive community plans that incorporate recognized best practices or demonstrate proven success in increasing homeownership for minorities. [1995 c.174 §3; 2007 c.70 §269; 2009 c.18 §7; 2011 c.605 §3; 2013 c.646 §4; 2015 c.180 §28]
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Chapter 461 — Oregon State Lottery
2015 EDITION
OREGON STATE LOTTERY PUBLIC HEALTH AND SAFETY OPERATION OF LOTTERY 461.250 Validation and payment of prizes; tabulation of sales and prizes; assignment of prizes;
payment on behalf of deceased winner; claim period; ineligibility of lottery employees; rules
_______________ OPERATION OF LOTTERY 461.250 Validation and payment of prizes; tabulation of sales and prizes; assignment of prizes; payment on behalf of deceased winner; claim period; ineligibility of lottery employees; rules. Upon recommendation of the Director of the Oregon State Lottery, the Oregon State Lottery Commission shall adopt rules to establish a system of verifying the validity of tickets or shares claimed to win prizes and to effect payment of such prizes, provided: (1) For the convenience of the public, lottery game retailers may be authorized by the commission to pay winners of up to $5,000 after performing validation procedures on their premises appropriate to the lottery game involved. (2) A prize may not be paid to a person under 18 years of age. (3) A video lottery game prize may not be paid to a person under 21 years of age. (4) A prize may not be paid arising from claimed tickets or shares that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received or not recorded by the Oregon State Lottery by applicable deadlines, lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery game involved or not in compliance with such additional specific rules or with public or confidential validation and security tests of the lottery appropriate to the particular lottery game involved. However, the commission may adopt rules to establish a system of verifying the validity of claims to prizes greater than $600 that are otherwise not payable under this subsection due to a lottery game retailer’s losing, damaging or destroying the winning ticket or share while performing validation procedures thereon, and to effect payment of verified claims. A verification system established by the commission shall include appropriate public or confidential validation and security tests. (5) A particular prize in any lottery game may not be paid more than once, and in the event of a binding determination that more than one claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them of an equal share in the prize. (6) The commission may specify that winners of less than $25 claim such prizes from either the same lottery game retailer who sold the winning ticket or share or from the lottery itself and
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may also specify that the lottery game retailer who sold the winning ticket or share be responsible for directly paying that prize. (7) Holders of tickets or shares shall have the right to claim prizes for one year after the drawing or the end of the lottery game or play in which the prize was won. The commission may define shorter time periods to claim prizes and for eligibility for entry into drawings involving entries or finalists. If a valid claim is not made for a prize payable directly by the lottery commission within the applicable period, the unclaimed prize shall remain the property of the commission and shall be allocated to the benefit of the public purpose. (8)(a) The right of any person to a prize shall not be assignable, except that: (A) Payment of any prize may be made according to the terms of a deceased prize winner’s signed beneficiary designation form filed with the commission or, if no such form has been filed, to the estate of the deceased prize winner. (B) Payment of any prize shall be made to a person designated pursuant to an appropriate judicial order or pursuant to a judicial order approving the assignment of the prize in accordance with ORS 461.253. (b) The director, commission and state shall be discharged of all further liability with respect to a specific prize payment upon making that prize payment in accordance with this subsection or ORS 461.253. (9) A ticket or share may not be purchased by, and a prize may not be paid to, a member of the commission, the director, the assistant directors or any employee of the state lottery or to any spouse, child, brother, sister or parent of such person. (10) Payments made according to the terms of a deceased prize winner’s signed beneficiary designation form filed with the commission are effective by reason of the contract involved and this statute and are not to be considered as testamentary devices or subject to ORS chapter 112. The director, commission and state shall be discharged of all liability upon payment of a prize. (11) In accordance with the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.A. app. 525), a person while in active military service may claim exemption from the one-year ticket redemption requirement under subsection (7) of this section. However, the person must notify the commission by providing satisfactory evidence of possession of the winning ticket within the one-year period, and must claim the prize or share no later than one year after discharge from active military service. [1985 c.2 §4(6); 1985 c.302 §4(6); 1985 c.458 §1(6); 1985 c.520 §1(6); 1987 c.268 §1; 1991 c.22 §1; 1991 c.613 §4; 1993 c.206 §1; 1995 c.478 §3; 1997 c.249 §160; 1999 c.203 §1; 2003 c.58 §1]
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Chapter 470 — Small Scale Local Energy Projects
2015 EDITION
SMALL SCALE LOCAL ENERGY PROJECTS PUBLIC HEALTH AND SAFETY ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (Primary Contractors) 470.560 Rules; certification standards; provision for preferred service providers (Primary Contractors) 470.560 Rules; certification standards; provision for preferred service providers. (1) The State Department of Energy shall adopt rules establishing certification standards for primary contractors participating in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. The department shall design the standards to ensure that the project work performed by a primary contractor holding the certification and all the primary contractor’s subcontractors is of high quality and will result in a high degree of customer satisfaction. (2) The certification standards established by the department must, at a minimum, require that the primary contractor: (a) Prove that the primary contractor and the primary contractor’s subcontractors have sufficient skill to successfully install energy efficiency, renewable energy or weatherization projects. (b) Not be a contractor listed by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860 as ineligible to receive a contract or subcontract for public works. (c) Be an equal opportunity employer or small business or be a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, as those terms are defined in ORS 200.005. (d) Demonstrate a history of compliance with the rules and other requirements of the Construction Contractors Board and of the Workers’ Compensation Division and the Occupational Safety and Health Division of the Department of Consumer and Business Services. (e) Employ at least 80 percent of employees used for energy efficiency and sustainable technology loan program projects from the local work force, if a sufficient supply of skilled workers is available locally. (f) Demonstrate a history of compliance with federal and state wage and hour laws. (g) Pay wages to employees used for energy efficiency and sustainable technology loan program projects at a rate equal to at least 180 percent of the state minimum wage.
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(3) The State Department of Energy shall consult with the Public Purpose Fund Administrator and utilities when developing certification standards for primary contractors. (4) The Construction Contractors Board may issue a qualifying primary contractor a certification authorizing the primary contractor to participate in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. A primary contractor seeking certification shall apply to the board as provided under ORS 701.119. (5) The State Department of Energy shall identify certified primary contractors that provide employees with health insurance benefits as preferred service providers and may take other actions as practicable to encourage certified primary contractors to provide employees with health insurance benefits. [2009 c.753 §13; 2013 c.8 §2; 2015 c.565 §23]
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Chapter 471 — Alcoholic Liquors Generally
2015 EDITION
ALCOHOLIC LIQUORS GENERALLY LIQUOR; DRUGS PURCHASER’S QUALIFICATIONS AND IDENTIFICATION 471.130 Requiring statement of age or identification from certain purchasers LIQUOR LICENSES (Retail Licenses) 471.175 Full on-premises sales license
______________ PURCHASER’S QUALIFICATIONS AND IDENTIFICATION 471.130 Requiring statement of age or identification from certain purchasers. (1) All licensees and permittees of the Oregon Liquor Control Commission, before selling or serving alcoholic liquor to any person about whom there is any reasonable doubt of the person’s having reached 21 years of age, shall require such person to produce one of the following pieces of identification: (a) The person’s passport. (b) The person’s motor vehicle operator’s license, whether issued in this state or by any other state, so long as the license has a picture of the person. (c) An identification card issued under ORS 807.400. (d) A United States military identification card. (e) Any other identification card issued by a state that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person. (2) If a person does not have identification as described in subsection (1) of this section, the permittee or licensee shall require such person to make a written statement of age and furnish evidence of the person’s true age and identity. The written statement of age shall be on a form furnished or approved by the commission, including but not limited to the following information: ______________________________________________________________________________ Date ______ I am 21 years of age or over. ______ Signature :RF9.Description of evidence in support of age and identity: ___Identification No. (if any) ___
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___Identification No. (if any) ___ :RF9.(Fill in information pertaining to any two or more pieces of evidence submitted by the person.) :RF9.I hereby certify that I have accurately recorded identification of the evidence submitted to complete this form. ___________________ Signature of permittee or licensee ORS 165.805 provides as follows: :RF9.165.805. (1) A person commits the crime of misrepresentation of age by a minor if: :RF9.(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the person’s true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or :RF9.(b) (Not applicable.) :RF9.(2) Misrepresentation of age by a minor is a Class C misdemeanor. ______________________________________________________________________________ LIQUOR LICENSES (Retail Licenses) 471.175 Full on-premises sales license. (1) The holder of a full on-premises sales license may sell by the drink at retail wine, malt beverages, cider and distilled liquor. Except as provided in this section, all alcoholic beverages sold under a full on-premises sales license must be consumed on the licensed premises. (2) A full on-premises sales license may be issued only to: (a) A nonprofit private club, as described in subsection (8) of this section. (b) A public passenger carrier as provided in ORS 471.182. (c) A commercial establishment, as defined in ORS 471.001 (2). (d) A public location that does not qualify for licensing under paragraphs (a) to (c) of this subsection if: (A) Food is cooked and served at the location; (B) The predominant business activity at the location is other than the preparation or serving of food or the serving of alcohol; and (C) The location meets any minimum food service requirements established by Oregon Liquor Control Commission rule. (e) A caterer, subject to the requirements of ORS 471.184. (3) The holder of a full on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron’s meal, the patron is not a minor and the patron is not visibly intoxicated. (4) The holder of a full on-premises sales license is entitled to purchase any distilled liquor from an agent of the commission appointed pursuant to ORS 471.750 at a discount of not more than five percent off the regular listed price fixed by the commission, together with all taxes, in a
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manner prescribed by commission rule. For purposes of compensation by the commission, the appointed agent shall be credited with such sales at full retail cost. The commission may not require the licensee to purchase more than one container of distilled liquor at a time if the distilled liquor: (a) Except as provided in subsection (9) of this section, has a retail sales price of $30 or more per container; (b) Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction; (c) Is not regularly stocked by the commission; and (d) Is ordered in a 750 milliliter container size if available in that size. (5) The holder of a full on-premises sales license may purchase distilled liquor only from a retail sales agent of the commission or from another person licensed under this section who has purchased the distilled liquor from a retail sales agent of the commission. (6) The holder of a full on-premises sales license may sell factory-sealed containers of wine to a person who organizes a private gathering on the licensee’s premises if the wine was acquired as part of a larger purchase of wine by the licensee for the purpose of the gathering and only part of the larger purchase was consumed at the gathering. Wine sold under this subsection may be sold only for an amount adequate to compensate the licensee for the amounts paid by the licensee for the wine. (7) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wines and cider in securely covered containers provided by the consumer and having capacities of not more than two gallons each. (8) A nonprofit private club, including but not limited to a fraternal or veterans organization, may qualify for a full on-premises sales license under this section only if the club meets any minimum membership, nonprofit status and food service requirements established by commission rule. (9) The commission may annually adjust the price threshold established in subsection (4)(a) of this section by a percentage equal to the percentage change in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. However, the commission may not adjust the price threshold to be less than $30. [1999 c.351 §2; 2001 c.104 §213; 2001 c.154 §1; 2010 c.33 §2; 2011 c.180 §1; 2013 c.32 §1]
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Chapter 475B — Cannabis Regulation
2015 EDITION
CANNABIS REGULATION LIQUOR; DRUGS RECREATIONAL USE OF CANNABIS (Conduct of Licensees) 475B.170 Identification requirement; rules
_______________ RECREATIONAL USE OF CANNABIS (Conduct of Licensees) 475B.170 Identification requirement; rules. (1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a marijuana item to another person, must require the person to produce one of the following pieces of identification: (a) The person’s passport. (b) The person’s driver license, whether issued in this state or by any other state, as long as the license has a picture of the person. (c) An identification card issued under ORS 807.400. (d) A United States military identification card. (e) Any other identification card issued by a state that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person. (2) The Oregon Liquor Control Commission may adopt rules exempting a licensee or licensee representative from this section. [2015 c.1 §16; 2015 c.614 §24]
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Chapter 480 — Explosives; Flammable Materials; Pressure Vessels
2015 EDITION
EXPLOSIVES; FLAMMABLES; PRESSURE VESSELS PROTECTION FROM FIRE FIREWORKS 480.111 Definitions for ORS 480.111 to 480.165
______________ FIREWORKS 480.111 Definitions for ORS 480.111 to 480.165. As used in ORS 480.111 to 480.165: (1) “Cone fountain” means a cardboard or heavy paper cone that: (a) Contains 50 grams or less of pyrotechnic composition; (b) If mounted on a common base with other cones having less than one-half inch of separation, results, when measured in combination with all other cones on the base, in a total pyrotechnic composition of not more than 200 grams; (c) If mounted on a common base with other cones having at least one-half inch of separation, results, when measured in combination with all other cones on the base, in a total pyrotechnic composition of not more than 500 grams; and (d) Upon ignition has the same effect as a cylindrical fountain. (2) “Consumer fireworks” means: (a) A cone fountain, a cylindrical fountain, a flitter sparkler, a ground spinner, an illuminating torch or a wheel, or a combination of two or more of those items; and (b) Any other items, other than exempt fireworks, containing 500 grams or less of pyrotechnic composition that the State Fire Marshal recognizes by rule to be suitable for retail sale to members of the general public for individual use. (3) “Cylindrical fountain” means a cylindrical tube that: (a) Contains 75 grams or less of pyrotechnic composition; (b) If mounted on a common base with other tubes having less than one-half inch of separation, results, when measured in combination with all other tubes on the base, in a total pyrotechnic composition of not more than 200 grams; (c) If mounted on a common base with other tubes having at least one-half inch of separation, results, when measured in combination with all other tubes on the base, in a total pyrotechnic composition of not more than 500 grams; (d) Upon ignition produces a shower of colored sparks and may produce a whistling effect; and (e) Is provided with a means for restraining the behavior of the item, such as a spike for insertion into the ground, a wood or plastic base for placing on the ground or, if designed to be handheld, a wood or cardboard handle.
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(4) “Display fireworks” means pyrotechnic devices that: (a) Are designed for travel into the air or to project effects from a fixed position; and (b)(A) Are classified by the United States Department of Transportation as Division 1.3 compatibility group G explosives or Division 1.4 compatibility group G explosives; or (B) Contain more than 500 grams of pyrotechnic composition and are classified by the United States Department of Transportation as Division 1.4 compatibility group E or S explosives. (5) “Exempt fireworks” means the following: (a) Paper caps containing 0.25 grains or less of explosive mixture and toy guns, canes or other devices designed for firing those caps. (b) Snakes or similar smoke-producing items containing 100 grains or less of combustible substances. (c) Model rockets and model rocket motors that are used to propel recoverable models of rocket. (d) Novelties and trick noisemakers. (e) Emergency signaling devices, if used in railroad, boat, motor vehicle or other means of transportation for warning or illumination purposes. (f) Blank cartridges of a type used: (A) For theater or other shows; (B) For signaling or ceremonial purposes in athletics or sports; or (C) By the militia, an organization of war veterans or other organizations, if parading an armed color guard. …
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Chapter 496 — Application, Administration and Enforcement of Wildlife Laws
2015 EDITION
ADMINISTRATION& ENFORCEMENT OF WILDLIFE LAWS WILDLIFE GENERAL PROVISIONS 496.018 Person with disability under wildlife laws
______________ GENERAL PROVISIONS 496.018 Person with disability under wildlife laws. In order to be considered a person with a disability under the wildlife laws, a person shall provide to the State Fish and Wildlife Commission either: (1) Written certification from a licensed physician, certified nurse practitioner or licensed physician assistant that states that the person: (a) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker; (b) Is restricted by lung disease to the extent that the person’s forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest; (c) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association; (d) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fishing rod in hand; or (e) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees; or (2) Written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 65 percent disabled. [1999 c.25 §2; 2001 c.571 §1; 2005 c.471 §12; 2007 c.587 §1]
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Chapter 497 — Licenses and Permits
2015 EDITION
LICENSES AND PERMITS WILDLIFE GENERAL PROVISIONS 497.006 Certain persons as residents for licensing purposes LICENSE, TAG AND PERMIT REQUIREMENTS 497.102 Hunting licenses and permits 497.121 Angling and shellfish licenses and tags SPECIAL LICENSES 497.162 Angling and shellfish licenses for persons in state care or persons receiving certain
services GENERAL PROVISIONS 497.006 Certain persons as residents for licensing purposes. (1) As used in this section: (a) “Dependent children” includes any children of an active member of the Armed Forces of the United States who: (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or (B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the resident member of the uniformed services for over one-half of their support. (b) “Resident member of the uniformed services” means a member of the uniformed services who: (A) Resides in this state while assigned to duty at any base, station, shore establishment or other facility in this state; (B) Resides in this state while serving as a member of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or (C) Resides in another state or a foreign country and establishes Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty. (c) “Uniformed services” means: (A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; (B) The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; (C) The Oregon National Guard and the National Guard of any other state or territory;
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(D) The commissioned corps of the National Oceanic and Atmospheric Administration; and (E) The Public Health Service of the United States Department of Health and Human Services while detailed by proper authority for duty with the Army or Navy of the United States. (2) The following persons are resident persons for the purpose of purchasing licenses, tags and permits issued by the State Fish and Wildlife Commission: (a) A resident member of the uniformed services and the member’s spouse and dependent children. (b) A member of the uniformed services who is not a resident member of the uniformed services, except for the purpose of purchasing controlled hunt tags issued by the commission. (c) An alien who furnishes to the commission evidence satisfactory to the commission that the alien is attending a school in this state pursuant to a foreign student exchange program. [1973 c.723 §42; 1987 c.158 §112; 1987 c.162 §8; 1989 c.264 §4; 2003 c.242 §5; 2005 c.831 §10; 2012 c.106 §10; 2013 c.236 §3] LICENSE, TAG AND PERMIT REQUIREMENTS 497.102 Hunting licenses and permits. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following licenses and permits and shall charge the applicable fees under the fee schedule in ORS 497.061: (a) Resident annual hunting license to hunt wildlife. (b) Nonresident annual hunting license to hunt wildlife. (c) Resident annual senior citizen hunting license to hunt wildlife for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application. (d) Resident disabled veteran hunting license to hunt wildlife for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled. (e) Resident uniformed services hunting license to hunt wildlife for a person who is a resident member of the uniformed services as defined in ORS 497.006. (f) Resident annual private hunting preserve permit to hunt privately owned hunting preserve game birds. (g) Nonresident annual private hunting preserve permit to hunt privately owned hunting preserve game birds. (h) Nonresident hunting license to hunt migratory waterfowl and upland birds for three consecutive days. (2) The hunting preserve permits referred to in subsection (1)(f) and (g) of this section are in lieu of the hunting licenses required by the wildlife laws. [1973 c.723 §50; 1975 c.454 §2; 1979 c.218 §1; 1979 c.377 §1a; 1979 c.774 §2c; 1981 c.445 §5; 1987 c.255 §1; 1991 c.67 §150; 1991 c.661 §1; 1993 c.659 §20; 1999 c.667 §2; 1999 c.1006 §4; amendments by 1999 c.1006 §14 repealed by 2001 c.949 §1; 2001 c.571 §§2,3; 2003 c.644 §1; 2009 c.41 §22; 2009 c.832 §5; 2015 c.779 §13] 497.121 Angling and shellfish licenses and tags. (1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to angle for fish or take shellfish the following licenses and tags and shall charge the applicable fees under the fee schedule in ORS 497.061:
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(a) Resident annual angling license. (b) Nonresident annual angling license. (c) Nonresident angling license to angle for seven consecutive days. (d) Angling license to angle for one day. (e) Angling and shellfish license to angle and take shellfish for one day. (f) Angling license to angle for two days. (g) Angling license to angle for three days. (h) Resident annual shellfish license. (i) Nonresident annual shellfish license. (j) Nonresident three-day shellfish license. (k) Two rod angling license for anglers who also hold a valid annual angling license. (L) Resident annual senior citizen angling license for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application. (m) Resident disabled veteran angling license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled. (n) Resident disabled veteran shellfish license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled. (o) Resident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut. (p) Nonresident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut. (q) Annual youth combined angling tag for persons under 18 years of age to angle for salmon, steelhead trout, sturgeon and halibut. (r) Renewable tag to angle for hatchery salmon and steelhead. (2) Any person who holds a valid permanent angling license for persons who are blind or a permanent angling license for persons in a wheelchair issued by the commission before January 1, 2000, need not obtain a resident annual angling license under this section. (3) The annual combined angling tags to angle for salmon, steelhead trout, sturgeon and halibut referred to in subsection (1)(o), (p), (q) and (r) of this section are in addition to and not in lieu of the angling licenses required by the wildlife laws. However, an annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut is not required of a person who holds a valid angling license referred to in subsection (1)(c) to (g) of this section. [1973 c.723 §51; 1975 c.34 §1; 1975 c.454 §4; 1979 c.377 §2; 1981 c.445 §7; 1983 c.740 §202; 1985 c.60 §2; 1985 c.390 §1; 1991 c.67 §151; 1991 c.435 §1; 1993 c.619 §1; 1999 c.25 §5; 1999 c.1006 §6; amendments by 1999 c.1006 §16 repealed by 2001 c.949 §1; 2001 c.94 §§2,3; 2001 c.571 §§4,5; 2003 c.644 §3; 2003 c.656 §8; 2007 c.70 §277; 2009 c.41 §23; 2009 c.425 §2; 2009 c.832 §7; 2015 c.779 §15] SPECIAL LICENSES 497.162 Angling and shellfish licenses for persons in state care or persons receiving certain services. (1) Upon application of the Oregon Youth Authority, the Oregon Health
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Authority or the Department of Human Services, the State Fish and Wildlife Commission shall issue, without fee, a license to angle for the temporary use of any person in a state institution as described in ORS 179.610, any student in a youth correction facility or related camps or programs operated by the Oregon Youth Authority, any child placed by the department and under the care of a foster home or a private nonprofit child-caring agency certified by the department, any person in an alternative to state hospitalization program as described in ORS 430.630 (2)(b) or (c), or any person receiving services under ORS 430.664. The licenses issued under this subsection shall be in bearer form and, subject to applicable laws and regulations relating to angling, shall be used as the agency applying for the license directs. (2) Upon application of the Department of Human Services, the commission shall issue, without fee, a license to take shellfish for the temporary use of any child placed by the department and under the care of a foster home or a private nonprofit child-caring agency certified by the department. The licenses issued under this subsection shall be in bearer form and, subject to applicable laws and regulations relating to taking shellfish, shall be used as the department directs. (3) Upon application of the director of any veteran’s administration hospital or domiciliary within this state, the commission shall issue, without fee, to each hospital or domiciliary 30 licenses to angle or to take shellfish for the temporary use of any person who is a patient or resident in the hospital or domiciliary. The licenses issued under this subsection shall be in bearer form and, subject to applicable laws and regulations relating to angling and to taking shellfish, shall be used as the director of the hospital or domiciliary provides. [Formerly 497.840; 1977 c.492 §1; 1979 c.70 §1; 1997 c.249 §178; 1999 c.59 §162; 2001 c.900 §207; 2003 c.656 §16; 2009 c.595 §982; 2011 c.720 §207]
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Chapter 508 — Licenses and Permits
2015 EDITION
LICENSES AND PERMITS COMMERCIAL FISHING AND FISHERIES 508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for
Armed Forces RESTRICTED VESSEL PERMIT SYSTEMS (Ocean Dungeness Crab Fishery) 508.941 Review of eligibility determinations; reciprocity with other states; fee
______________ ISSUANCE, APPLICATION, CONTENTS, WHERE VALID, TRANSFERRING, TERM, LOCATION ABANDONMENT 508.475 Failure to renew license for fixed fishing gear constitutes abandonment; exception for Armed Forces. The failure to renew the license, or make application therefor, for any location for a fixed fishing gear in any of the waters of this state, on January 1 of any year, constitutes abandonment of the location. However, any licensee entering the Armed Forces of the United States during any period which would qualify the licensee as a veteran, as defined in ORS 408.225, is not deemed to have abandoned such location or gear so licensed, either by reason of absence from the location during such service or by failure to renew the license as required. Such licensee may file application for renewal of the license at any time following the date of release from the Armed Forces of the United States, until January 1 of the following year, and shall have preference over other persons therefor. [Amended by 1965 c.570 §72; 2009 c.41 §21] RESTRICTED VESSEL PERMIT SYSTEMS (Ocean Dungeness Crab Fishery) 508.941 Review of eligibility determinations; reciprocity with other states; fee. (1) The system established under ORS 508.921 shall include any other provisions for participation that the State Fish and Wildlife Commission considers appropriate. (2) Any determination by the commission regarding the eligibility of a vessel to participate in the ocean Dungeness crab commercial fishery or to transfer participation rights is subject to review by the Commercial Fishery Permit Board, in accordance with ORS chapter 183. The board may waive the eligibility requirements contained in ORS 508.931 if the board finds that
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the individual fails to meet the requirements as the result of illness, fire, sinking, accident or other circumstances beyond the individual’s control. In making a determination of eligibility under this section, the board shall consider the applicant’s history of participation in the Oregon ocean Dungeness crab fishery. If a vessel for which application is made is owned by a person who has served in the Armed Forces of the United States and the person establishes that a service-related disability prevented the person from lawfully landing crab in two seasons during the prescribed time period, there is a rebuttable presumption in favor of issuing an illness waiver for one of the two seasons of lawfully landing crab in Oregon required under ORS 508.931 so as to require the landing of crab in only one season during the prescribed time period. The rebuttable presumption created by this subsection may be overcome only by clear and convincing evidence that the service-related disability of the person did not prevent the person from lawfully landing crab in two seasons during the prescribed time period. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.480 to 183.540. (3) A commercial fishing vessel that holds a valid Washington or California permit to fish for ocean Dungeness crab shall be eligible to participate in the Oregon ocean Dungeness crab fishery provided there is reciprocal statutory authority in Washington or California that provides for equal access for vessels holding Oregon ocean Dungeness crab permits to Washington or California coastal waters and Washington waters of the Columbia River. If such reciprocal statutory authority exists, a vessel licensed by Washington or California is eligible to participate in accordance with rules that establish reciprocal border agreements that recognize traditional fishing patterns. (4) The annual fee to participate in the ocean Dungeness crab fishery is: (a) $200 for resident applicants. (b) $250 for nonresident applicants. [1995 c.484 §6; 1997 c.837 §9; 2009 c.832 §43; 2011 c.613 §9; 2015 c.779 §40]
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Chapter 537 — Appropriation of Water Generally
2015 EDITION
APPROPRIATION OF WATER GENERALLY WATER LAWS GROUND WATER (Well Constructors Continuing Education Committee) (Temporary provisions relating to the Well Constructors Continuing Education Committee are
compiled as notes following ORS 537.765)
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_______________ GROUND WATER (Well Constructors Continuing Education Committee) Note: Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide: Sec. 2. (1) There is established a Well Constructors Continuing Education Committee consisting of four members appointed by the Water Resources Director as follows: (a) Three persons from the well drilling industry licensed pursuant to ORS 537.747; and (b) One person from the regulatory community. (2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director 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 director shall make an appointment to become effective immediately for the unexpired term. (3) A member of the committee is entitled to travel expenses as provided in ORS 292.495. (4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction. (5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines. (6) Three members of the committee constitute a quorum for the transaction of business. At least three members of the committee must approve all official actions or decisions of the committee. [2001 c.496 §2] Sec. 4. (1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section. (2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee. (3) The rules adopted by the commission under this section for the continuing education program shall: (a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits. (b) At a minimum require, for renewal of a license issued under ORS 537.747, that an applicant: (A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and (B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.
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(4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.
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Chapter 646 — Trade Practices and Antitrust Regulation
2015 EDITION
TRADE PRACTICES AND ANTITRUST REGULATION TRADE REGULATIONS AND PRACTICES UNLAWFUL TRADE PRACTICES 646.605 Definitions for ORS 336.184 and 646.605 to 646.652 UNLAWFUL TRADE PRACTICES 646.605 Definitions for ORS 336.184 and 646.605 to 646.652. As used in ORS 336.184 and 646.605 to 646.652: (1) “Appropriate court” means the circuit court of a county: (a) Where one or more of the defendants reside; (b) Where one or more of the defendants maintain a principal place of business; (c) Where one or more of the defendants are alleged to have committed an act prohibited by ORS 336.184 and 646.605 to 646.652; or (d) With the defendant’s consent, where the prosecuting attorney maintains an office. (2) “Documentary material” means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate. (3) “Examination” of documentary material includes inspection, study or copying of any such material, and taking testimony under oath or acknowledgment regarding any documentary material or copy thereof. (4) “Person” means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity except bodies or officers acting under statutory authority of this state or the United States. (5) “Prosecuting attorney” means the Attorney General or the district attorney of any county in which a violation of ORS 336.184 and 646.605 to 646.652 is alleged to have occurred. (6)(a) “Real estate, goods or services” means those that are or may be obtained primarily for personal, family or household purposes, or that are or may be obtained for any purposes as a result of a telephone solicitation, and includes loans and extensions of credit, and franchises, distributorships and other similar business opportunities, but does not include insurance. (b) Notwithstanding paragraph (a) of this subsection: (A) “Real estate” does not cover conduct covered by ORS chapter 90. (B) “Loans and extensions of credit” does not include transactions involving a pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726. (7) “Telephone solicitation” means a solicitation where a person, in the course of the person’s business, vocation or occupation, uses a telephone or an automatic dialing-announcing
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device to initiate telephonic contact with a potential customer and the person is not one of the following: (a) A person who is a broker-dealer or salesperson licensed under ORS 59.175, or a mortgage banker or mortgage broker licensed under ORS 86A.106, when the solicitation is for a security qualified for sale pursuant to ORS 59.055. (b) A real estate licensee or a person who is otherwise authorized to engage in professional real estate activity pursuant to ORS chapter 696, when the solicitation involves professional real estate activity. (c) A person licensed or exempt from licensure as a builder pursuant to ORS chapter 701, when the solicitation involves the construction, alteration, repair, improvement or demolition of a structure. (d) A person licensed or otherwise authorized to sell insurance as an insurance producer pursuant to ORS chapter 744, when the solicitation involves insurance. (e) A person soliciting the sale of a newspaper of general circulation, a magazine or membership in a book or record club who complies with ORS 646.611, when the solicitation involves newspapers, magazines or membership in a book or record club. (f) A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser. (g) A supervised financial institution or parent, subsidiary or affiliate thereof. As used in this paragraph, “supervised financial institution” means any financial institution or trust company, as those terms are defined in ORS 706.008, or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or of the United States. (h) A person who is authorized to conduct prearrangement or preconstruction funeral or cemetery sales, pursuant to ORS chapter 692, when the solicitation involves prearrangement or preconstruction funeral or cemetery plans. (i) A person who solicits the services provided by a cable television system licensed or franchised pursuant to state, local or federal law, when the solicitation involves cable television services. (j) A person or affiliate of a person whose business is regulated by the Public Utility Commission of Oregon. (k) A person who sells farm products as defined by ORS 576.006 if the solicitation neither intends to nor actually results in a sale that costs the purchaser in excess of $100. (L) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g) of that section. (m) A person soliciting exclusively the sale of telephone answering services to be provided by that person or that person’s employer when the solicitation involves answering services. (n) A telecommunications utility with access lines of 15,000 or less or a cooperative telephone association when the solicitation involves regulated goods or services. (8) “Trade” and “commerce” mean advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services, and include any trade or commerce directly or indirectly affecting the people of this state. (9) “Unconscionable tactics” include, but are not limited to, actions by which a person:
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(a) Knowingly takes advantage of a customer’s physical infirmity, ignorance, illiteracy or inability to understand the language of the agreement; (b) Knowingly permits a customer to enter into a transaction from which the customer will derive no material benefit; (c) Permits a customer to enter into a transaction with knowledge that there is no reasonable probability of payment of the attendant financial obligation in full by the customer when due; or (d) Knowingly takes advantage of a customer who is a disabled veteran, a disabled servicemember or a servicemember in active service, or the spouse of a disabled veteran, disabled servicemember or servicemember in active service. For purposes of this paragraph: (A) “Disabled veteran” has the meaning given that term in ORS 408.225. (B) “Disabled servicemember” means a servicemember, as defined in 50 U.S.C. App. 511 as in effect on January 1, 2010, who may be entitled to disability compensation under laws administered by the United States Department of Veterans Affairs. (C) “Servicemember in active service” means: (i) A servicemember called into active service under Title 10 or Title 32 of the United States Code as in effect on January 1, 2010; or (ii) A servicemember on state active duty, as defined in the Oregon Code of Military Justice. (10) A willful violation occurs when the person committing the violation knew or should have known that the conduct of the person was a violation. (11) A loan is made “in close connection with the sale of a manufactured dwelling” if: (a) The lender directly or indirectly controls, is controlled by or is under common control with the seller, unless the relationship is remote and is not a factor in the transaction; (b) The lender gives a commission, rebate or credit in any form to a seller who refers the borrower to the lender, other than payment of the proceeds of the loan jointly to the seller and the borrower; (c) The lender is related to the seller by blood or marriage; (d) The seller directly and materially assists the borrower in obtaining the loan; (e) The seller prepares documents that are given to the lender and used in connection with the loan; or (f) The lender supplies documents to the seller used by the borrower in obtaining the loan. [1965 c.490 §2; 1967 c.599 §1; 1971 c.744 §5; 1973 c.235 §1; 1977 c.195 §1; 1989 c.137 §1; 1993 c.508 §40; 1995 c.79 §328; 1997 c.249 §197; 1997 c.631 §514; 1999 c.59 §189; 1999 c.402 §6; 2001 c.917 §4; 2003 c.364 §52; 2003 c.658 §§11,12; 2007 c.71 §§198,199; 2007 c.319 §§31,32; 2009 c.215 §§1,2; 2010 c.94 §§1,2; 2013 c.1 §§79,80; 2013 c.81 §§23,24] 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following: (a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services. (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another. (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.
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(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have. (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand. (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another. (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact. (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity. (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions. (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred. (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers. (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling. (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611. (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction. (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service. (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised. (r) Organizes or induces or attempts to induce membership in a pyramid club. (s) Makes false or misleading representations of fact concerning the offering price of, or the person’s cost for real estate, goods or services. (t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any known material defect or material nonconformity. (u) Engages in any other unfair or deceptive conduct in trade or commerce. (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation. (w) Manufactures mercury fever thermometers.
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(x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is: (A) Prescribed by a person licensed under ORS chapter 677; and (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur. (y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches. (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430. (bb) Violates ORS 646A.070 (1). (cc) Violates any requirement of ORS 646A.030 to 646A.040. (dd) Violates the provisions of ORS 128.801 to 128.898. (ee) Violates ORS 646.883 or 646.885. (ff) Violates ORS 646.569. (gg) Violates the provisions of ORS 646A.142. (hh) Violates ORS 646A.360. (ii) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto. (jj) Violates ORS 646.563. (kk) Violates ORS 759.690 or any rule adopted pursuant thereto. (LL) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant thereto. (mm) Violates ORS 646A.210 or 646A.214. (nn) Violates any provision of ORS 646A.124 to 646A.134. (oo) Violates ORS 646A.095. (pp) Violates ORS 822.046. (qq) Violates ORS 128.001. (rr) Violates ORS 646A.800 (2) to (4). (ss) Violates ORS 646A.090 (2) to (4). (tt) Violates ORS 87.686. (uu) Violates ORS 646A.803. (vv) Violates ORS 646A.362. (ww) Violates ORS 646A.052 or any rule adopted under ORS 646A.052 or 646A.054. (xx) Violates ORS 180.440 (1) or 180.486 (1). (yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005. (zz) Violates ORS 87.007 (2) or (3). (aaa) Violates ORS 92.405 (1), (2) or (3). (bbb) Engages in an unlawful practice under ORS 646.648. (ccc) Violates ORS 646A.365. (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS 98.864. (eee) Sells a gift card in violation of ORS 646A.276.
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(fff) Violates ORS 646A.102, 646A.106 or 646A.108. (ggg) Violates ORS 646A.430 to 646A.450. (hhh) Violates a provision of ORS 744.318 to 744.384. (iii) Violates a provision of ORS 646A.702 to 646A.720. (jjj) Violates ORS 646A.530 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 is issued for the children’s product, as defined in ORS 646A.525, that is the subject of the violation. (kkk) Violates a provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or 697.707. (LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as in effect on January 1, 2010. (mmm) Violates a provision of ORS 646A.480 to 646A.495. (nnn) Violates ORS 646A.082. (ooo) Violates ORS 646.647. (ppp) Violates ORS 646A.115. (qqq) Violates a provision of ORS 646A.405. (rrr) Violates ORS 646A.092. (sss) Violates a provision of ORS 646.644. (ttt) Violates a provision of ORS 646A.295. (uuu) Violates ORS 646A.564. (vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280, in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active member of the Oregon State Bar. (www) Violates ORS 702.012, 702.029, 702.032 or 702.054. (xxx) Violates ORS 646A.806. (yyy) Violates ORS 646A.810 (2). (zzz) Violates a provision of sections 1 to 7, chapter 523, Oregon Laws 2015. (2) A representation under subsection (1) of this section or ORS 646.607 may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact. (3) In order to prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding. (4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce. (5) Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney fees. [1971 c.744 §7 (enacted in lieu of 646.615); 1973 c.235 §2; 1973 c.513 §1; 1975 c.437 §1; 1977 c.195 §2; 1979 c.503 §4; 1983 c.404 §5; 1985 c.251 §10a; 1985 c.538 §3; 1985 c.694 §8; 1985 c.729 §22; 1987 c.626 §5; 1989 c.273 §7; 1989 c.451 §4; 1989 c.458 §3; 1989 c.621 §4; 1989 c.622 §7; 1989 c.623 §3; 1989 c.913 §1; 1991 c.532 §25; 1991 c.672 §8; 1993 c.58 §3; 1993 c.283 §10; 1993 c.582 §11; 1993 c.645 §10; 1993 c.700 §2; 1995 c.713 §6; 1995 c.788 §2; 1997 c.132 §6; 1997 c.806 §2; 1999 c.194 §9; 1999 c.400 §4; 1999 c.669 §3; 1999 c.719 §3; 1999 c.875 §3; 2001 c.924 §§11,13; 2001 c.969 §5; 2003 c.133 §§1,2; 2003
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c.486 §§2,3; 2003 c.778 §§4,5; 2003 c.801 §§18,19; 2005 c.42 §§1,2; 2005 c.799 §§2,3; 2007 c.304 §2; 2007 c.538 §18; 2007 c.685 §13; 2007 c.772 §4; 2007 c.820 §8; 2007 c.823 §5; 2008 c.19 §§7,8; 2008 c.31 §§5,6; 2009 c.133 §6; 2009 c.150 §1; 2009 c.170 §1; 2009 c.197 §1; 2009 c.215 §3; 2009 c.310 §2; 2009 c.448 §11; 2009 c.604 §23; 2009 c.711 §21; 2009 c.717 §26; 2011 c.57 §2; 2011 c.502 §3; 2011 c.509 §4; 2012 c.52 §6; 2013 c.54 §8; 2013 c.77 §1; 2013 c.330 §2; 2013 c.493 §5; 2014 c.19 §3; 2015 c.523 §9] Note: The amendments to 646.608 by section 10, chapter 523, Oregon Laws 2015, become operative January 2, 2020. See section 12, chapter 523, Oregon Laws 2015. The text that is operative on and after January 2, 2020, is set forth for the user’s convenience. 646.608. (1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following: (a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services. (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another. (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services. (e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have. (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand. (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another. (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact. (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity. (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions. (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred. (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers. (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling. (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611. (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in
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consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction. (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service. (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised. (r) Organizes or induces or attempts to induce membership in a pyramid club. (s) Makes false or misleading representations of fact concerning the offering price of, or the person’s cost for real estate, goods or services. (t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any known material defect or material nonconformity. (u) Engages in any other unfair or deceptive conduct in trade or commerce. (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation. (w) Manufactures mercury fever thermometers. (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is: (A) Prescribed by a person licensed under ORS chapter 677; and (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur. (y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches. (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430. (bb) Violates ORS 646A.070 (1). (cc) Violates any requirement of ORS 646A.030 to 646A.040. (dd) Violates the provisions of ORS 128.801 to 128.898. (ee) Violates ORS 646.883 or 646.885. (ff) Violates ORS 646.569. (gg) Violates the provisions of ORS 646A.142. (hh) Violates ORS 646A.360. (ii) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto. (jj) Violates ORS 646.563. (kk) Violates ORS 759.690 or any rule adopted pursuant thereto. (LL) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant thereto. (mm) Violates ORS 646A.210 or 646A.214. (nn) Violates any provision of ORS 646A.124 to 646A.134.
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(oo) Violates ORS 646A.095. (pp) Violates ORS 822.046. (qq) Violates ORS 128.001. (rr) Violates ORS 646A.800 (2) to (4). (ss) Violates ORS 646A.090 (2) to (4). (tt) Violates ORS 87.686. (uu) Violates ORS 646A.803. (vv) Violates ORS 646A.362. (ww) Violates ORS 646A.052 or any rule adopted under ORS 646A.052 or 646A.054. (xx) Violates ORS 180.440 (1) or 180.486 (1). (yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005. (zz) Violates ORS 87.007 (2) or (3). (aaa) Violates ORS 92.405 (1), (2) or (3). (bbb) Engages in an unlawful practice under ORS 646.648. (ccc) Violates ORS 646A.365. (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS 98.864. (eee) Sells a gift card in violation of ORS 646A.276. (fff) Violates ORS 646A.102, 646A.106 or 646A.108. (ggg) Violates ORS 646A.430 to 646A.450. (hhh) Violates a provision of ORS 744.318 to 744.384. (iii) Violates a provision of ORS 646A.702 to 646A.720. (jjj) Violates ORS 646A.530 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 is issued for the children’s product, as defined in ORS 646A.525, that is the subject of the violation. (kkk) Violates a provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or 697.707. (LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as in effect on January 1, 2010. (mmm) Violates a provision of ORS 646A.480 to 646A.495. (nnn) Violates ORS 646A.082. (ooo) Violates ORS 646.647. (ppp) Violates ORS 646A.115. (qqq) Violates a provision of ORS 646A.405. (rrr) Violates ORS 646A.092. (sss) Violates a provision of ORS 646.644. (ttt) Violates a provision of ORS 646A.295. (uuu) Violates ORS 646A.564. (vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280, in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active member of the Oregon State Bar. (www) Violates ORS 702.012, 702.029, 702.032 or 702.054. (xxx) Violates ORS 646A.806. (yyy) Violates ORS 646A.810 (2).
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(2) A representation under subsection (1) of this section or ORS 646.607 may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact. (3) In order to prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding. (4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce. (5) Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney fees.
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Chapter 649 — Insignia and Names of Organizations
2015 EDITION
INSIGNIA AND NAMES OF ORGANIZATIONS TRADE REGULATIONS AND PRACTICES 649.010 Definitions for ORS 649.010 to 649.080 649.020 Registration of name or insignia of organization; certificate of registration; fees
_______________ 649.010 Definitions for ORS 649.010 to 649.080. As used in ORS 649.010 to 649.080: (1) “Organization” means any association, lodge, order, fraternal society, beneficial association or fraternal and beneficial society or association, historical, military or veterans’ organization, labor union, foundation, federation or any other society, organization or association, degree, branch, subordinate lodge or auxiliary, incorporated or unincorporated, the activities of which are lawful. (2) “Insignia” means a badge, mark, motto, button, decoration, charm, emblem or rosette. [Amended by 2003 c.45 §1] 649.020 Registration of name or insignia of organization; certificate of registration; fees. (1) An organization that uses a name or insignia may file an application to register the name or insignia with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015. The Secretary of State shall evaluate the application as provided in ORS 647.029 and 647.035, shall determine whether the name or insignia is in use as provided in ORS 647.017 and may issue a certificate of registration for the name or insignia as provided in ORS 647.045. (2) A certificate of registration that the Secretary of State issues under this section is: (a) Effective for the term set forth in ORS 647.055; (b) Subject to renewal as provided in ORS 647.055; and (c) Subject to cancellation as provided in ORS 647.075. (3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009. (4) For the purpose of proving in an action or proceeding in a court in this state that an organization registered a name or insignia under this section, a certificate of registration that the Secretary of State issues for a name or insignia has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045. (5) A person must bring an action to compel or to cancel a registration for a name or insignia in accordance with the procedures set forth in ORS 647.077 for actions to compel or cancel registrations for marks. [Amended by 2015 c.277 §5]
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Chapter 657 — Unemployment Insurance
2015 EDITION
UNEMPLOYMENT INSURANCE LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION DISLOCATED WORKER PROGRAM 657.335 Definitions for ORS 657.335 to 657.360 657.340 Eligibility for benefits
_______________ DISLOCATED WORKER PROGRAM 657.335 Definitions for ORS 657.335 to 657.360. As used in ORS 657.335 to 657.360: (1) “Career and technical training” means training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-employed. “Career and technical training” does not include programs of instruction for an individual, including transfer credit programs of instruction given at community colleges, that are primarily intended to lead toward a baccalaureate or higher degree or training that has for its purpose the preparation of individuals for employment in occupations that require a baccalaureate or higher degree from institutions of higher education unless approved by the Director of the Employment Department. (2) “Eligible dislocated workers” means individuals who are not disqualified from benefits under ORS 657.176 and who: (a) Have been terminated or laid off or who have received a notice of termination or layoff, are eligible for or have exhausted their entitlement to unemployment compensation and are unlikely to return to their previous industry or occupation; (b) Have been terminated or have received a notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise; (c) Are long term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age; (d) Were self-employed, including farmers and ranchers, and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters; (e) Returned to service in the Oregon National Guard or the military reserve forces of the United States following active duty service; (f) Have separated from a declining industry; or (g) Have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at their place of employment. [1969 c.156 §3; 1971 c.82 §2; 1991 c.685 §4; 1993 c.129 §1; 2005 c.174 §3; 2009 c.94 §23; 2009 c.115 §8; 2013 c.1 §85]
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657.337 [Formerly 657.330; 1991 c.685 §5; 1993 c.624 §2; 1993 c.765 §12; 1995 c.495 §1; 1997 c.61 §9; 2001 c.684 §29; 2001 c.866 §1; 2003 c.536 §2; 2005 c.174 §1; 2009 c.94 §24; repealed by 2009 c.115 §11] 657.340 Eligibility for benefits. (1) Dislocated workers approved for career and technical training may not be denied unemployment insurance benefits solely because they are attending career and technical training, nor shall such individual be denied benefits by reason of leaving work to enter such training if the work left was part-time or temporary or paid less than 80 percent of the individual’s average weekly wage during the base year. (2) Notwithstanding provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, dislocated workers approved for career and technical training and otherwise eligible for benefits are not ineligible for such benefits or waiting week credit because of attendance in career and technical training. (3)(a) Eligible dislocated workers who file valid unemployment compensation claims, upon exhaustion of regular benefits, are eligible for supplemental benefits from 1 to 26 times the individual’s most recent weekly benefit amount based upon the amount needed to continue or complete approved career and technical training. (b) Supplemental benefits shall be paid under the same terms and conditions as regular benefits under this chapter, except that the Director of the Employment Department may extend the benefit year of an individual attending an approved career and technical training program a sufficient number of weeks to allow the individual to complete the training program. (c) Supplemental benefits may be paid only when the eligible dislocated worker is not eligible to receive extended benefits as provided in ORS 657.321 to 657.329 or additional benefits as provided in ORS 657.331 to 657.334. (4) The receipt of supplemental benefits is conditioned upon the individual’s demonstrating satisfactory progress and attendance in career and technical training. [1969 c.156 §§5,6; 1971 c.82 §3; 1991 c.685 §6; 1993 c.624 §1; 1995 c.495 §2; 1997 c.56 §1; 2001 c.866 §2; 2005 c.174 §2; 2009 c.94 §25; 2009 c.115 §9]
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Chapter 659A — Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
2015 EDITION
UNLAWFUL DISCRIMINATION LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION DEFINITIONS 659A.001 Definitions PURPOSE AND POLICY UNLAWFUL EMPLOYMENT DISCRIMINATION AND REQUIRED LEAVE RELATED
TO MILITARY SERVICE (Unlawful Discrimination for Service in Uniformed Service) 659A.082 Discrimination against person for service in uniformed service prohibited (Leave of Absence for State Service) 659A.086 Employment rights of members of organized militia when called into active state
service 659A.088 Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies
and penalties (Notification to Director of Veterans’ Affairs) 659A.089 Notification to Director of Veterans’ Affairs (Oregon Military Family Leave Act) 659A.090 Definitions for ORS 659A.090 to 659A.099 659A.093 Employer required to provide leave; job protection; benefits; notice to employer; use
of accrued leave; rules 659A.096 Denial of leave, retaliation and discrimination prohibited 659A.099 Short title
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UNLAWFUL EMPLOYMENT DISCRIMINATION AND REQUIRED LEAVE RELATED TO MILITARY SERVICE (Unlawful Discrimination for Service in Uniformed Service) 659A.082 Discrimination against person for service in uniformed service prohibited. (1) As used in this section: (a) “Service” means the performance of duty on a voluntary or involuntary basis in a uniformed service that may involve active duty, active duty for training, initial active duty for training, inactive duty for training, full-time duty in the National Guard, funeral honors duty or an examination to determine fitness for service in a uniformed service. (b) “Uniformed service” means the Armed Forces of the United States, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (2) It is an unlawful employment practice for an employer to discriminate against a person because of the person’s service in a uniformed service by: (a) If the employer is a public body, denying a public officer or public employee the status or rights provided by ORS 408.240 to 408.280 and 408.290. (b) Denying any of the following because a person is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in a uniformed service: (A) Initial employment; (B) Reemployment following a leave from employment taken by reason of service in a uniformed service; (C) Retention in employment; (D) Promotion; or (E) Any other term, condition or privilege of employment, including but not limited to compensation. (c) Discharging, expelling, disciplining, threatening or otherwise retaliating against the person for exercising or attempting to exercise the status or rights provided by this section. (3) An employer does not commit an unlawful employment practice under subsection (2)(b) of this section if the employer acted based on a bona fide occupational requirement reasonably necessary to the normal operation of the employer’s business and the employer’s actions could not be avoided by making a reasonable accommodation of the person’s service in a uniformed service. (4) Subsection (2)(b) and (c) of this section shall be construed to the extent possible in a manner that is consistent with similar provisions of the federal Uniformed Services Employment and Reemployment Rights Act of 1994. [2009 c.378 §2; 2011 c.18 §1] (Leave of Absence for State Service)
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659A.086 Employment rights of members of organized militia when called into active state service. (1) An employee shall be granted a leave of absence by the employer of the employee to perform active state service if: (a) The employee is a member of the organized militia of this state and is called into active service of the state under ORS 399.065 (1) or state active duty under ORS 399.075. (b) The employee is a member of the organized militia of another state and is called into active state service by the Governor of the respective state. (2) The employer shall grant the employee a leave of absence until release from active state service permits the employee to resume the duties of employment. The regular employment position of an employee on a leave of absence for active state service under this section is considered vacant only for the period of the leave of absence. The employee is not subject to removal or discharge from the position as a consequence of the leave of absence. (3) Upon the termination of the leave of absence for active state service, an employee shall: (a) Resume the duties of employment within seven calendar days; and (b) Be restored to the employee’s position or an equivalent position by the employer without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right that had been earned at the time of the leave of absence. (4) An employer is not required to pay wages or other monetary compensation to an employee during a leave of absence required under subsection (1) of this section. (5) Notwithstanding subsection (4) of this section: (a) The State of Oregon shall continue coverage under an employer-sponsored health plan to an employee of the State of Oregon and any other individual provided coverage under the employee’s plan on the day before the date the employee goes on leave for a period not exceeding a total of 12 months during a leave of absence required under subsection (1) of this section. (b) An employer other than the State of Oregon may continue coverage under an employer-sponsored health plan to an employee and any other individual provided coverage under the employee’s plan on the day before the date the employee goes on leave during a leave of absence required under subsection (1) of this section. (6)(a) Notwithstanding subsection (4) of this section, the State of Oregon, a county, a municipality or other political subdivision of this state may establish and administer a donated leave program that: (A) Allows an employee who is on a leave of absence required under subsection (1) of this section to receive donated leave; and (B) Allows an employee to voluntarily donate vacation time to an eligible employee on a leave of absence required under subsection (1) of this section. (b) An employee who is on a leave of absence required under subsection (1) of this section and who receives donated leave under paragraph (a) of this subsection may receive an amount of donated leave that supplements any pay received as a member of the organized militia, but may not receive more than the amount the employee was earning in total compensation on the date the employee began the leave of absence. (7) For the purpose of calculating total compensation under subsection (6) of this section, the State of Oregon, a county, a municipality or other political subdivision of this state shall: (a) Include any amounts attributable to hours of overtime that equal the average number of hours of overtime for the same employee class;
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(b) Determine the average number of hours of overtime for an employee class based on a reasonable expectation of the average number of hours of overtime employees in that class would perform over the course of a calendar year; and (c) Maintain records of the average number of hours of overtime for each employee class for each calendar year. (8) As used in this section: (a) “Employee” means any individual, other than a copartner of the employer or an independent contractor, who renders personal services in this state to an employer who pays or agrees to pay wages or other compensation to the individual for those services. (b) “Employee class” means a group of similarly situated employees whose positions have been designated by their employer in a policy or a collective bargaining agreement as having common characteristics. (c) “Employer” means any person who employs one or more employees in this state. The term includes the State of Oregon or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter, but does not include the federal government. (d) “Total compensation” means the total of an employee’s base salary, differentials and overtime. [Formerly 399.230; 2013 c.81 §28] Note: 659A.086, 659A.088 and 659A.089 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 659A.088 Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties. (1) Any violation of ORS 659A.086 (1) to (3) by an employer is an unlawful employment practice. (2) Complaints alleging a violation of ORS 659A.086 (1) to (3) may be filed by employees with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 659A.086 in the manner provided in ORS chapter 659A regarding other unlawful employment practices. (3) Violation of ORS 659A.086 (1) to (3) subjects the violator to the same civil remedies and penalties as provided in ORS chapter 659A. [Formerly 399.235] Note: See note under 659A.086. (Notification to Director of Veterans’ Affairs) 659A.089 Notification to Director of Veterans’ Affairs. (1) As used in this section, “uniformed service” means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (2) Subject to subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries shall notify the Director of Veterans’ Affairs within 30 days of receipt of written
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information from, or the filing of a complaint for violation of ORS 659A.082 or 659A.086 by, a member or veteran of a uniformed service. (3) The commissioner shall notify the director as required by subsection (2) of this section only if authorized to do so by the member or veteran of a uniformed service who submitted the written information or filed the complaint. [2012 c.44 §1] Note: See note under 659A.086. (Oregon Military Family Leave Act) 659A.090 Definitions for ORS 659A.090 to 659A.099. As used in ORS 659A.090 to 659A.099: (1) Notwithstanding ORS 659A.001, “employee” means an individual who performs services for compensation for an employer for an average of at least 20 hours per week. “Employee” includes all individuals employed at any site owned or operated by an employer, but does not include independent contractors. (2) Notwithstanding ORS 659A.001, “employer” means: (a) A person, firm, corporation, partnership, legal representative or other business entity that engages in any business, industry, profession or activity in this state and that employs 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which leave is taken under ORS 659A.093 or the year immediately preceding the year in which the leave is to be taken; (b) The state, and a department, agency, board or commission of the state; and (c) A local government, including, but not limited to, a county, city, town, municipal corporation, independent public corporation or political subdivision of the state. (3) “Period of military conflict” means a period of war: (a) Declared by the United States Congress; (b) Declared by executive order of the President of the United States; or (c) In which a reserve component of the Armed Forces of the United States is ordered to active duty pursuant to Title 32 of the United States Code or section 12301 or 12302 of Title 10 of the United States Code. [2009 c.559 §3] 659A.093 Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules. (1) During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment. (2) An employee who takes leave authorized under this section is entitled to be restored to a position of employment and to the continuation of benefits as provided in ORS 659A.171. (3) An employee who intends to take leave as authorized under this section must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.
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(4) An employee who takes leave authorized under this section may elect to substitute any accrued leave to which the employee is entitled for any part of the leave provided under this section. (5) Leave taken under this section shall be included in the total amount of leave authorized under ORS 659A.162. (6) The Bureau of Labor and Industries may adopt rules necessary for the implementation and administration of ORS 659A.090 to 659A.099. [2009 c.559 §4] 659A.096 Denial of leave, retaliation and discrimination prohibited. It is an unlawful practice for an employer to: (1) Deny military family leave to an employee who is entitled to such leave under ORS 659A.090 to 659A.099; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 659A.090 to 659A.099, submitted a request for military family leave or invoked any provision of ORS 659A.090 to 659A.099. [2009 c.559 §5] 659A.099 Short title. ORS 659A.090 to 659A.099 may be cited as the Oregon Military Family Leave Act. [2009 c.559 §2] 659A.100 [Formerly 659.400; 2003 c.254 §1; 2007 c.70 §289; 2009 c.508 §3; renumbered 659A.122 in 2009]
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Chapter 660 — Apprenticeship and Training; Workforce Development
2015 EDITION
APPRENTICESHIP; WORKFORCE DEVELOPMENT LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION WORKFORCE DEVELOPMENT (Development of Green Jobs) 660.355 Definitions for ORS 660.355 to 660.364 660.358 Green jobs growth initiative plan
_______________ WORKFORCE DEVELOPMENT (Development of Green Jobs) 660.355 Definitions for ORS 660.355 to 660.364. As used in ORS 660.355 to 660.364: (1) “Green job” means a job that provides a service or produces a product that: (a) Increases energy efficiency; (b) Produces renewable energy; (c) Prevents, reduces or mitigates environmental degradation; (d) Cleans up and restores the natural environment; or (e) Provides education, consultation, policy promotion, accreditation, trading and offsets or similar supporting services for any of the activities identified in this subsection. (2) “Targeted population” means: (a) Entry level or similar workers in high demand green job careers who are in or preparing for high wage green jobs; (b) Dislocated workers in declining industries who are in or are seeking training for high wage green jobs; (c) Dislocated workers in the forest products, agricultural or energy sectors who are in or are seeking training for high wage green jobs; (d) Veterans who are residents of Oregon or members of the Oregon National Guard; or (e) Members of disadvantaged groups. [2009 c.887 §2; 2011 c.452 §1] 660.358 Green jobs growth initiative plan. (1) The State Workforce Investment Board, in consultation with the Governor, the Education and Workforce Policy Advisor and other parties deemed appropriate by the board and after consideration of the clean energy and energy efficiency policies of this state, shall develop a plan for a green jobs growth initiative to promote
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the development of emerging technologies and innovations that lead to, create or sustain family wage green jobs. (2) The plan for the initiative developed by the board shall: (a) Identify industries that are high demand green industries based on current and projected creation of family wage green jobs and the potential for career pathways created for such jobs. (b) Use the needs of identified high demand green industries as the basis for the planning of workforce development activities that promote the development of emerging green technologies and innovations. These activities include, but are not limited to, such efforts undertaken by community colleges, public universities listed in ORS 352.002, designated signature research centers, registered apprenticeship programs and other private sector training programs. (c) Leverage and align existing public workforce development programs and other public and private resources to the goal of recruiting, supporting, educating and training of targeted populations of workers. (d) Require the board to work collaboratively with stakeholders from business, labor and low income advocacy groups in the regional economy to develop and implement the initiative. (e) Link adult basic and remedial education programs with job training for skills necessary for green jobs. (f) Require the board to collaborate with employers and labor organizations to identify skills and competencies necessary for green job career pathways. (g) Ensure that support services are integrated with education and training for green jobs and that such services are provided by organizations with direct access to and experience with targeted populations. (h) Include an analysis of occupations in the forest products industry to: (A) Determine key growth factors and employment projections for green jobs in the forest products industry; and (B) Define the educational and skill standards required for current and emerging green occupations in the forest products industry. (3) Based on the analysis conducted under subsection (2)(h) of this section, the State Workforce Investment Board, in consultation with the Education and Workforce Policy Advisor, shall identify those forest products industries to be classified as high-demand green industries, taking into consideration current and future job creation and the strategic importance of the development of high-demand green forest products industry jobs to the development and growth of the state’s green economy. (4) As used in this section, “forest products industry” includes, but is not limited to, businesses that grow, manage, harvest, transport or process forest, wood and paper products. [2009 c.887 §3; 2011 c.452 §2; 2011 c.637 §282; 2013 c.768 §149]
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Chapter 671 — Architects; Landscape Professions and Business
2015 EDITION
ARCHITECTS; LANDSCAPE PROFESSIONALS OCCUPATIONS AND PROFESSIONS LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING
BUSINESSES (Landscape Contractors Board) 671.676 Continuing education; rules
_______________ LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING
BUSINESSES (Landscape Contractors Board) 671.676 Continuing education; rules. (1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed: (a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or (b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period. (2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available. (3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to: (a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing; (b) University or college courses related to landscaping or horticulture; (c) Professional staff training programs by associations of landscape construction professionals; and (d) Online or other forms of educational programs.
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(4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 §2; 2007 c.550 §5; 2015 c.672 §12]
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Chapter 672 — Professional Engineers; Land Surveyors; Photogrammetrists; Geologists
2015 EDITION
ENGINEERS; MEASUREMENT TRADES; GEOLOGISTS OCCUPATIONS AND PROFESSIONS PROFESSIONAL ENGINEERS, LAND SURVEYORS AND PHOTOGRAMMETRISTS (Generally) 672.060 Exceptions to application of ORS 672.002 to 672.325 (Registration; Certificates) 672.146 Alternatives to degree requirements; rules
_______________ PROFESSIONAL ENGINEERS, LAND SURVEYORS AND PHOTOGRAMMETRISTS (Generally) 672.060 Exceptions to application of ORS 672.002 to 672.325. ORS 672.002 to 672.325 do not apply to the following: (1) A registered architect practicing architecture. (2) A registered environmental health specialist or registered environmental health specialist trainee working under the supervision of a registered environmental health specialist practicing environmental sanitation, or a registered waste water specialist or registered waste water specialist trainee working under the supervision of a registered waste water specialist practicing waste water sanitation. (3) A person working as an employee or a subordinate of a registered professional engineer if: (a) The work of the person does not include final engineering designs or decisions; (b) The work of the person is done under the supervision and control of and is verified by a registered professional engineer; and (c) The person does not purport to be an engineer or registered professional engineer by any verbal claim, sign, advertisement, letterhead, card or title. (4) A person practicing land surveying under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise a land surveying activity the engineer could not personally perform under ORS 672.025. (5) An individual, firm, partnership or corporation practicing engineering or land surveying:
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(a) On property owned or leased by the individual, firm, partnership or corporation, or on property in which the individual, firm, partnership or corporation has an interest, estate or possessory right; and (b) That affects exclusively the property or interests of the individual, firm, partnership or corporation, unless the safety or health of the public, including employees and visitors, is involved. (6) The performance of engineering work by a person, or by full-time employees of the person, provided: (a) The work is in connection with or incidental to the operations of the person; and (b) The engineering work is not offered directly to the public. (7) A person executing engineering work designed by a professional engineer or supervising the construction of engineering work as a foreman or superintendent. (8) A landowner performing land surveying within the boundaries of the landowner’s land or the landowner’s regular employee performing land surveying services as part of the employee’s official duties within the boundaries of the land of the employer. (9) An individual, firm, partnership or corporation offering to practice engineering, land surveying or photogrammetric mapping if: (a) The individual, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering, land surveying or photogrammetric mapping issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country; and (b) The offer includes a written statement that the offeror is not registered to practice engineering, land surveying or photogrammetric mapping in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having an individual holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering, land surveying or photogrammetric mapping work within this state. (10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. The exemption in this subsection does not apply to a registered professional engineer. (11) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. The exemption in this subsection does not apply to a registered professional engineer. (12) A construction contractor licensed under ORS chapter 701 that offers services constituting the practice of engineering if: (a) The services are appurtenant to construction services to be provided by the contractor; (b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and (c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the engineer or engineers that will perform the services constituting the practice of engineering.
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(13) A person transcribing existing georeferenced data into a Geographic Information System or Land Information System format by manual or electronic means, and the maintenance of that data, if the data are clearly not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works of humans. (14) A person carrying out activities under ORS 306.125 or 308.245. This exemption applies to the transcription of tax maps, zoning maps and other public data records into Geographic Information System or Land Information System formatted cadastre and the maintenance of those cadastre, if: (a) The data are not modified for other than graphical purposes; and (b) The data are clearly not intended to authoritatively represent property boundaries. (15) A person preparing maps or compiling databases depicting the distribution of natural or cultural resources, features or phenomena, if the maps or data are not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works by humans. (16) A federal agency or its contractors, in the preparation of military maps, quadrangle topographic maps, satellite imagery or other maps or images that do not define real property boundaries. (17) A federal agency or its contractors, in the preparation or transcription of documents or databases into a Geographical Information System or Land Information System format, including but not limited to the preparation or transcription of federal census and other demographic data. (18) A law enforcement agency or its contractors, in the preparation of documents or maps for traffic accidents, crime scenes or similar purposes depicting physical features or events or generating or using georeferenced data involving crime statistics or criminal activities. (19) A peace officer, as defined in ORS 161.015, or a fire service professional, as defined in ORS 181A.355, conducting, reporting on or testifying about or otherwise performing duties regarding an official investigation. (20) A person creating general maps prepared for private firms or governmental agencies: (a) For use as guides to motorists, boaters, aviators or pedestrians; (b) For publication in a gazetteer or an atlas as an educational tool or reference publication; (c) For use in the curriculum of any course of study; (d) If produced by any electronic or print media, for use as an illustrative guide to the geographic location of any event; or (e) If prepared for conversational or illustrative purposes, including but not limited to for use as advertising material or user guides. [Amended by 1971 c.751 §4; 1981 c.143 §4; 1981 c.159 §2; 1983 c.614 §2; 1995 c.572 §22; 1997 c.210 §5; 1999 c.830 §1; 2001 c.362 §2; 2003 c.547 §117; 2005 c.445 §8; 2009 c.259 §6; 2009 c.260 §1; 2015 c.576 §10] (Registration; Certificates) 672.146 Alternatives to degree requirements; rules. The State Board of Examiners for Engineering and Land Surveying shall adopt rules for the consideration of work experience, education or other relevant matters as an alternative to degree requirements described in ORS 672.098, 672.126 or 672.136. The rules adopted by the board under this section shall include, but need not be limited to, provision for recognizing military training or experience that is
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substantially equivalent to education received in a degree program described in ORS 672.098, 672.126 or 672.136. [2015 c.576 §5]
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Chapter 673 — Accountants; Other Tax Professionals
2015 EDITION
ACCOUNTANTS; OTHER TAX PROFESSIONALS OCCUPATIONS AND PROFESSIONS ACCOUNTANTS (Authority to Practice Public Accountancy) 673.165 Continuing education; types of programs; hours; waiver; rules
_______________ ACCOUNTANTS (Authority to Practice Public Accountancy) 673.165 Continuing education; types of programs; hours; waiver; rules. (1) Each holder of a permit issued under ORS 673.150, under rules adopted by the Oregon Board of Accountancy, shall participate in a continuing education program that directly contributes to professional competency. (2) The education programs shall include any of the following: (a) Professional development programs and technical meetings of professional associations of public accountants, of certified public accountants or of public accountants and certified public accountants. (b) University and college courses. (c) Such professional staff training programs provided by accountancy organizations and other education programs that meet the requirements established by the board by rule. (3) The board shall determine the hourly value to be assigned to each education program. (4) The number of hours of continuing education required shall be determined by the board, but may not exceed 40 hours per year, or the equivalent, for both certified public accountants and public accountants. (5) The board may waive continuing education requirements. However, continuing education requirements may not be waived by the board for more than three consecutive years except for military service, retirement, disability, absence from the state or for other instances of individual hardship. [1975 c.438 §2; 1981 c.89 §10; 1985 c.461 §3; 1985 c.605 §9; 1999 c.322 §13; 2015 c.451 §11]
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Chapter 675 — Psychologists; Occupational Therapists; Certified Sex Offender Therapists; Regulated Social Workers; Licensed Professional Counselors and Marriage
and Family Therapists
2015 EDITION
PSYCHOLOGISTS; THERAPISTS; SOCIAL WORKERS OCCUPATIONS AND PROFESSIONS PSYCHOLOGISTS (Licensing) 675.030 Licensing of psychologists after examination; requirements; fee; resident designation;
rules OCCUPATIONAL THERAPISTS (Licensing) 675.240 Qualifications for licensing as occupational therapist; rules 675.250 Qualifications for licensing as occupational therapy assistant; rules
_______________ PSYCHOLOGISTS (Licensing) 675.030 Licensing of psychologists after examination; requirements; fee; resident designation; rules. (1) Upon application for licensure accompanied by the established fee, the State Board of Psychologist Examiners shall issue a psychologist license to an applicant who performs to the satisfaction of the board in examinations prescribed by the board and furnishes evidence satisfactory to the board that the applicant: (a) Has complied with all applicable provisions of ORS 675.010 to 675.150 and the applicable rules of the board; (b) Holds a doctoral degree in psychology from an approved doctoral program in psychology; (c) Has satisfactorily completed courses and training required by the board; (d) Has had two years of supervised employment in the field of psychology: (A) Under the direction of a psychologist licensed in Oregon or under the direction of a person considered by the board to have equivalent supervisory competence; or (B) In the military; and
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(e) Is of good moral character. For purposes of this section, the lack of good moral character may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct that would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The conduct or acts in question must be rationally connected to the applicant’s fitness to practice psychology. (2) The board shall adopt rules by which a person receiving post-doctoral supervision during the application process may enter into a contract to practice psychology under the supervision of a licensed psychologist, psychologist associate or a person considered by the board to have equivalent supervisory competence. An applicant who enters such a contract shall be designated as a psychologist resident or a psychologist associate resident, accordingly, and shall be subject to ORS 675.010 to 675.150. [1963 c.396 §3; 1973 c.777 §3; 1985 c.90 §3; 1991 c.311 §1; 1991 c.490 §2; 1993 c.585 §3; 2005 c.7 §1; 2012 c.43 §4] OCCUPATIONAL THERAPISTS (Licensing) 675.240 Qualifications for licensing as occupational therapist; rules. (1) Except as provided in ORS 675.270, an applicant for licensure under ORS 675.210 to 675.340 as an occupational therapist must: (a) Have successfully completed an educational program in occupational therapy recognized by the Occupational Therapy Licensing Board, with concentration in biological or physical science, psychology and sociology, and with education in selected manual skills. (b) Pass to the satisfaction of the board an examination adopted by the board to determine the fitness of the applicant for practice as an occupational therapist or be entitled to be licensed as provided in ORS 675.270. (c) Have successfully completed at least six months of supervised field work that complies with rules adopted by the board. (d) Comply with continuing education requirements as adopted by the board by rule. (e) If an applicant has been unlicensed for more than three years, complete a board-approved reentry program or retake the board-approved national examination to determine fitness for practice as an occupational therapist. (2) An applicant meets the requirements of subsection (1)(c) of this section if the applicant provides the board with documentation of military experience that the board determines is substantially equivalent to the experience required by subsection (1)(c) of this section. [1977 c.858 §5; 1981 c.250 §3; 1997 c.104 §1; 2007 c.316 §1; 2012 c.43 §5] 675.250 Qualifications for licensing as occupational therapy assistant; rules. (1) Except as provided in ORS 675.270, an applicant for licensure under ORS 675.210 to 675.340 as an occupational therapy assistant shall: (a) Be at least 18 years of age. (b) Have successfully completed the academic requirements of an educational program for occupational therapy assistants recognized by the Occupational Therapy Licensing Board. (c) Pass an examination approved by the board to determine the fitness of the applicant for practice as an occupational therapy assistant.
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(d) Have successfully completed at least two months of supervised field work that complies with rules adopted by the board. (e) Comply with continuing education requirements as adopted by the board by rule. (f) If an applicant has been unlicensed for more than three years, complete a board-approved reentry program or retake the board-approved national examination to determine fitness for practice as an occupational therapy assistant. (2) An applicant meets the requirements of subsection (1)(b) or (d) of this section if the applicant provides the board with documentation of military training or experience that the board determines is substantially equivalent to the education or experience required by subsection (1)(b) or (d) of this section. [1977 c.858 §6; 1981 c.250 §4; 1997 c.104 §2; 2007 c.316 §2; 2012 c.43 §6]
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Chapter 676 — Health Professions Generally
2015 EDITION
HEALTH PROFESSIONS GENERALLY OCCUPATIONS AND PROFESSIONS MISCELLANEOUS 676.308 Authorization to practice health profession by military spouse or domestic partner;
rules
_______________ MISCELLANEOUS 676.308 Authorization to practice health profession by military spouse or domestic partner; rules. (1) As used in this section: (a) “Authorization” means a license, registration, certificate or other authorization to engage in a profession. (b) “Board” means a health professional regulatory board, as defined in ORS 676.160, or a board or council listed in ORS 676.583. (c) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) A board shall issue an authorization to a military spouse or domestic partner if the military spouse or domestic partner provides the board with: (a) Evidence that the applicant is married to, or in a domestic partnership with, an active member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (b) Evidence that the military spouse or domestic partner is authorized by another state or territory of the United States to provide services regulated by the board; and (c) Evidence that the military spouse or domestic partner: (A) Has provided services or taught the subject matter regulated by the board for at least one year during the three years immediately preceding the date on which the military spouse or domestic partner submits an application for an authorization; and (B) Has demonstrated competency, as determined by the board by rule, over services regulated by the board. (3) A board may issue a temporary authorization to an applicant who applies for an authorization under subsection (2) of this section before the board receives the evidence required by subsection (2) of this section if the military spouse or domestic partner affirms on the application that the military spouse or domestic partner:
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(a) Has requested evidence of authorization from the state or territory in which the military spouse or domestic partner is authorized; and (b) Is not subject to disciplinary action in that state or territory for a matter related to services regulated by the board. [2013 c.351 §1]
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Chapter 677 — Regulation of Medicine, Podiatry and Acupuncture
2015 EDITION
MEDICINE, PODIATRY & ACUPUNCTURE OCCUPATIONS AND PROFESSIONS GENERAL PROVISIONS 677.060 Persons and practices not within scope of chapter PHYSICIAN ASSISTANTS 677.512 Licensure; renewal; fees; rules
_______________ GENERAL PROVISIONS 677.060 Persons and practices not within scope of chapter. This chapter does not affect or prevent the following: (1) The practice of medicine or podiatry in this state by any commissioned medical or podiatric officer serving in the Armed Forces of the United States or Public Health Service, or any medical or podiatric officer on duty with the United States Department of Veterans Affairs, while any such medical or podiatric officer is engaged in the performance of the actual duties prescribed by the laws and regulations of the United States. (2) The meeting in this state of any licensed practitioner of medicine of any other state or country with a licensed practitioner of medicine in this state, for consultation. (3) Supervised clinical training by an acupuncture student who is enrolled in a school approved to offer credit for post-secondary clinical education in Oregon or clinical practice of acupuncture by a practitioner licensed to practice acupuncture in another state or foreign country who is enrolled in clinical training approved by the Oregon Medical Board. (4) The practice of medicine or podiatry by an individual licensed to practice medicine or podiatry in another state or country who is providing health care services for an out-of-state athletic team provided that: (a) The individual is practicing pursuant to a written agreement with the team under which the individual provides health care services: (A) Only for team members, team staff members or family members traveling with the team; and (B) For a specific athletic event taking place in this state; (b) The individual practices medicine or podiatry for no more than 10 consecutive days for each athletic event or, upon written order by the executive director of the Oregon Medical Board, an additional amount of time not to exceed 21 consecutive days for each athletic event;
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(c) The individual does not provide health care services or perform consultations for a resident of this state unless the resident is a team member, team staff member or family member traveling with the team; and (d) The individual does not provide health care services at a health care facility, as defined in ORS 442.015, unless the health care facility is located in an arena or stadium or on a college campus or is a temporary facility established for an athletic event. (5) The furnishing of medical or surgical assistance in cases of emergency requiring immediate attention. (6) The domestic administration of family remedies. (7) The practice of dentistry, pharmacy, nursing, optometry, psychology, regulated social work, chiropractic, naturopathic medicine or cosmetic therapy, by any person authorized by this state. (8) The practice of the religion of persons who endeavor to prevent or cure disease or suffering by prayer or other spiritual means in accordance with the tenets of any church. Nothing in this chapter interferes in any manner with the individual’s right to select the practitioner or mode of treatment of an individual’s choice, or interferes with the right of the person so employed to give the treatment so chosen if public health laws and rules are complied with. (9) The sale of lenses, artificial eyes, limbs or surgical instruments or other apparatus or appliances of a similar character. (10) The sale, rent or use for hire of any device or appliance, the sale of which is not prohibited by the laws of Oregon or the United States. (11) The practice of physiotherapy, electrotherapy or hydrotherapy carried on by a duly licensed practitioner of medicine, naturopathic medicine or chiropractic, or by ancillary personnel certified by the State Board of Chiropractic Examiners, pursuant to ORS 684.155 (1)(c)(A), to provide physiotherapy, electrotherapy or hydrotherapy and working under the direction of a chiropractic physician. (12) The practice or use of massage, Swedish movement, physical culture, or other natural methods requiring use of the hands. (13) The use of the title “doctor,” “chiropractic physician,” “naturopathic physician,” “doctor of optometry,” “optometric physician” or “podiatric physician” in accordance with ORS 676.110 and 676.120. [Amended by 1953 c.159 §6; 1955 c.157 §1; 1961 c.400 §2; 1967 c.470 §4; 1975 c.776 §4; 1983 c.486 §3; 1987 c.726 §10; 1989 c.830 §2; 1991 c.67 §181; 1999 c.466 §1; 2009 c.142 §4; 2009 c.442 §45; 2013 c.419 §1] PHYSICIAN ASSISTANTS 677.512 Licensure; renewal; fees; rules. (1) A person seeking licensure as a physician assistant shall complete an application form provided by the Oregon Medical Board and submit the form to the board, accompanied by nonrefundable fees for the application and for the license in amounts determined by rule of the board. (2) The board may issue a license to a physician assistant who: (a) Submits an application as required by the board by rule; (b) Pays the application fee established by the board by rule; (c) Has completed an educational program accredited by a nationally recognized accreditation organization for physician assistant educational programs;
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(d) Has passed the initial national examination required of physician assistants to become nationally certified; (e) Is mentally and physically able to engage safely in practice as a physician assistant; (f) Has not been disciplined by a physician assistant licensing board in another state, unless the board considers the discipline and determines that the person is competent to practice as a physician assistant; and (g) Is of good moral character as determined by the board. (3) The board may issue a license by reciprocity to a person who is licensed as a physician assistant in another state and meets the requirements of subsection (2)(c) and (d) of this section. (4)(a) The board shall adopt necessary and proper rules to govern the renewal of licenses issued under this section. (b) If the board requires a licensee to complete continuing education in order to renew a license issued under this section, the board shall allow a licensee to meet those requirements by providing the board with documentation of military training or experience that is substantially equivalent to the continuing education required by the board. [2007 c.240 §2; 2011 c.550 §4; 2012 c.43 §7] Note: Section 9, chapter 550, Oregon Laws 2011, provides: Sec. 9. Notwithstanding the amendments to ORS 677.097, 677.495, 677.500, 677.510, 677.512, 677.515, 677.535 and 677.545 by sections 1 to 8 of this 2011 Act: (1) A physician assistant practicing under a practice description approved by the Oregon Medical Board under ORS 677.510 as in effect immediately before the operative date of the amendments to ORS 677.510 by section 3 of this 2011 Act [January 1, 2012] may continue to practice in accordance with the practice description and is not required to enter into a practice agreement under ORS 677.510. (2) A physician assistant licensed under ORS 677.512 as in effect immediately before the operative date of the amendments to ORS 677.512 by section 4 of this 2011 Act [January 1, 2012] may renew the physician assistant’s license without meeting the requirements of ORS 677.512 (2)(c) and (d). [2011 c.550 §9] .
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Chapter 678 — Nurses; Nursing Home Administrators
2015 EDITION
NURSES; NURSING HOME ADMINISTRATORS OCCUPATIONS AND PROFESSIONS PROFESSIONAL NURSES (Nursing Assistants) 678.440 Nursing assistants; training; effect of employing untrained assistant; civil penalties
_______________ PROFESSIONAL NURSES (Nursing Assistants) 678.440 Nursing assistants; training; effect of employing untrained assistant; civil penalties. (1) As used in this section and ORS 678.442, 678.444, 678.445, 678.447 and 678.448, “nursing assistant” means an individual who assists licensed nursing personnel in the provision of nursing care. (2) It is the intent of the Legislative Assembly to require that nursing assistants be adequately trained. (3) The Oregon State Board of Nursing shall prepare curricula and standards for training programs for nursing assistants. The curricula and standards must provide for additional training for nursing assistants to have the authority to administer noninjectable medications. (4) The Department of Human Services may impose civil penalties or revoke the license of any long term care facility that employs an untrained nursing assistant for a period of more than eight weeks without providing for the training prescribed by the board. Any license that is revoked shall be revoked as provided in ORS 441.030. (5) The Oregon Health Authority may impose civil penalties or revoke the license of a health care facility that employs any untrained nursing assistant for a period of more than eight weeks without providing for the training prescribed by the board. Any license that is revoked shall be revoked as provided in ORS 441.030. [1977 c.309 §1; 2009 c.595 §1060; 2015 c.346 §1; 2015 c.347 §1] 678.442 Certification of nursing assistants; rules. (1) The Oregon State Board of Nursing shall establish standards for certifying and shall certify as a nursing assistant any person who: (a) Submits an application; (b)(A) Shows completion of an approved training program for nursing assistants; or (B) Has military training or experience that the board determines is substantially equivalent to the training required by subparagraph (A) of this paragraph; and
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(c) Passes a board approved examination. (2) In the manner prescribed in ORS chapter 183, the board may revoke or suspend a certificate issued under this section or may reprimand a nursing assistant for the following reasons: (a) Conviction of the certificate holder of a crime where such crime bears demonstrable relationship to the duties of a nursing assistant. A copy of the record of such conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction. (b) Any willful fraud or misrepresentation in applying for or procuring a certificate or renewal thereof. (c) Impairment as defined in ORS 676.303. (d) Violation of any provisions of ORS 678.010 to 678.448 or rules adopted thereunder. (e) Physical condition that makes the certificate holder unable to perform safely the duties of a nursing assistant. (f) Conduct unbecoming a nursing assistant in the performance of duties. (3) The board shall establish by rule a procedure for the biennial renewal of nursing assistant certificates. The certificate renewal procedure must be substantially like the procedure established for the licensing of nurses under ORS 678.101. (4) Notwithstanding ORS 192.501, the board may use the results of a nursing assistant examination for the continuing education of applicants for certification as a nursing assistant. [1989 c.800 §3; 1991 c.536 §1; 2009 c.756 §36; 2011 c.156 §1; 2012 c.43 §8]
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Chapter 679 — Dentists
2015 EDITION
DENTISTS OCCUPATIONS AND PROFESSIONS LICENSING 679.070 Examination; certain other examination results in lieu of examination
_______________ LICENSING 679.070 Examination; certain other examination results in lieu of examination. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills. (2) The examination shall be elementary and practical in character but sufficiently thorough to test the fitness of the applicant to practice dentistry. It shall include, written in the English language, questions on any subjects pertaining to dental science. The written examination may be supplemented by oral examination. Demonstrations of the applicant’s skill in operative and prosthetic dentistry also may be required. (3) The board may accept the results of national standardized examinations in satisfaction of the written examination as authorized by this section, and shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the laboratory or clinical examination authorized under this section, provided: (a) The test or examination was taken within five years of the date of application; and (b) The applicant received a passing score on the test or examination as established by the board by rule. (4) The board shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dentistry in other states, in Oregon or in the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure. [Amended by 1965 c.122 §4; 1983 c.169 §7; 1999 c.489 §1; 2001 c.193 §1; 2003 c.83 §3; 2005 c.229 §1]
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Chapter 680 — Dental Hygienists; Denturists
2015 EDITION
DENTAL HYGIENISTS; DENTURISTS OCCUPATIONS AND PROFESSIONS DENTAL HYGIENISTS (Licensing) 680.060 Examination; scope and conduct; results of national standardized examination,
regional testing agencies or clinical board examinations administered in other states in lieu of examination
DENTURISTS (Licenses) 680.515 Application for license; qualifications of applicants; waiver of examination
requirement; temporary license; rules
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DENTAL HYGIENISTS (Licensing) 680.060 Examination; scope and conduct; results of national standardized examination, regional testing agencies or clinical board examinations administered in other states in lieu of examination. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills. (2) The examination shall be sufficiently thorough to test the fitness of the applicant to practice dental hygiene. It shall include, written in the English language, questions on any subjects pertaining to dental hygiene. The written examination may be supplemented by oral examination. Demonstrations of the applicant’s skill in clinical dental hygiene also may be required. (3) The board may accept the results of national standardized examinations in satisfaction of the written examination as authorized by this section, and shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the clinical examination authorized under this section, provided: (a) The test or examination was taken within five years of the date of application; and
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(b) The applicant received a passing score on the test or examination as established by the board by rule. (4) The board shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dental hygiene in Oregon, other states, the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a period of at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure. [Amended by 1963 c.266 §6; 1983 c.169 §22; 2001 c.193 §2; 2003 c.83 §10; 2005 c.229 §2; 2009 c.582 §2] DENTURISTS (Licenses) 680.515 Application for license; qualifications of applicants; waiver of examination requirement; temporary license; rules. (1) Subject to the provisions of ORS 676.612, the Health Licensing Office shall issue a license to practice denture technology to an applicant who, in addition to submitting an application and paying the applicable fees established under ORS 676.592: (a) Provides to the office official transcripts verifying completion of an associate degree program in denture technology, or the equivalent in formal, post-secondary education, approved by the office in consultation with the Higher Education Coordinating Commission and the Department of Education. (b) Provides to the office documentation of 1,000 hours of supervised clinical practice in denture technology, completed while enrolled in or after having completed a course of study offered in a post-secondary educational institution, or through equivalent supervised experience, as determined by the office in consultation with the commission and the department. (c) Passes a written and a practical examination prescribed, recognized or approved by the State Board of Denture Technology. An applicant who fails the practical examination must complete additional hours of clinical and laboratory training in an approved work experience program, as determined by the board, to qualify for reexamination. (d) Meets other requirements established by the office by rule. (2) The educational program required by subsection (1)(a) of this section must include pertinent courses in anatomy, including histology, microbiology, physiology, pharmacology, pathology emphasizing periodontology, dental materials, medical emergencies, geriatrics, professional ethics, clinical denture technology and denture laboratory technology. (3) Notwithstanding subsection (1)(a) of this section, the board may accept educational training obtained in any other state or country if, upon review of satisfactory evidence, the office determines that the educational program in the other state or country meets the educational standards prescribed under this section. (4) An applicant meets the requirements of subsection (1)(a) or (b) of this section if the applicant provides the office with documentation of military training or experience that the office determines is substantially equivalent to the training or experience required by subsection (1)(a) or (b) of this section.
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(5) Notwithstanding subsection (1)(c) of this section, the office may adopt rules providing for waiver of the practical examination requirement. (6) The office may adopt rules allowing for issuance of a temporary license to practice denture technology. [1979 c.1 §4; 1981 c.313 §2; 1989 c.694 §2; 1991 c.921 §2; 1993 c.142 §5; 1997 c.652 §39; 2003 c.547 §13; 2005 c.415 §3; 2005 c.648 §25; 2007 c.419 §2; 2011 c.53 §2; 2011 c.637 §285; 2012 c.43 §9; 2013 c.314 §23; 2013 c.568 §44; 2013 c.747 §173]
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Chapter 684 — Chiropractors
2015 EDITION
CHIROPRACTORS OCCUPATIONS AND PROFESSIONS LICENSING 684.040 Application for license; qualifications; fees; rules
_______________ LICENSING 684.040 Application for license; qualifications; fees; rules. (1) A person applying for a license to practice chiropractic in this state shall apply to the State Board of Chiropractic Examiners on a form and in the manner prescribed by the board. The application must be accompanied by the following nonrefundable fees: (a) An application fee in an amount established by the board by rule; and (b) The fee for a criminal records check in the amount established by the board by rule under ORS 181A.195. (2) Each applicant shall furnish to the board: (a) Evidence satisfactory to the board of the applicant’s good moral character. (b) A certificate of proficiency in the fundamental sciences (Part I, taken subsequent to January 1, 1971) issued to the applicant by the National Board of Chiropractic Examiners. (c) Evidence of successful completion of at least two years of liberal arts and sciences study, in any college or university accredited by either the Northwest Commission on Colleges and Universities or its successor, or a like regional association, or in any college or university in Oregon approved for granting degrees by the Higher Education Coordinating Commission. (d) A diploma and transcript, certified by the registrar, or other documents satisfactory to the State Board of Chiropractic Examiners evidencing graduation from a chiropractic school or college approved by the board under the board’s academic standards, or from a school accredited by the Council on Chiropractic Education or its successor agency, under standards that are accepted and adopted biennially by the board in the version applied to that school by the accrediting agency. (e) A statement of any other health care provider license in this state held by the applicant, with identifying information required by the State Board of Chiropractic Examiners. (3) An applicant meets the requirements of subsection (2)(c) or (d) of this section if the applicant provides the State Board of Chiropractic Examiners with documentation of military training or experience that the board determines is substantially equivalent to the education required by subsection (2)(c) or (d) of this section. (4) The State Board of Chiropractic Examiners may waive the requirements of subsection (2)(c) of this section for any applicant for a license to practice chiropractic if the applicant is
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licensed in another state and practiced chiropractic in that state, but the applicant must pass the examination authorized by ORS 684.050 or by ORS 684.052. [Amended by 1953 c.432 §2; 1969 c.191 §1; 1973 c.31 §4; 1975 c.492 §2; 1985 c.354 §4; 1987 c.376 §1; 1989 c.805 §1; 1991 c.300 §1; 1991 c.892 §2; 1995 c.493 §3; 1997 c.264 §6; 1997 c.652 §41; 2005 c.730 §84; 2011 c.637 §286; 2012 c.43 §14; 2013 c.1 §87; 2013 c.514 §1; 2013 c.747 §174]
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Chapter 688 — Therapeutic and Technical Services: Physical Therapists; Medical Imaging Practitioners and Limited X-Ray Machine Operators; Hemodialysis Technicians; Athletic
Trainers; Respiratory Therapists and Polysomnographic Technologists
2015 EDITION THERAPEUTIC AND TECHNICAL SERVICES OCCUPATIONS AND PROFESSIONS PHYSICAL THERAPISTS (Licensing) 688.050 Qualifications of physical therapist; examination; rules MEDICAL IMAGING PRACTITIONERS AND LIMITED X-RAY MACHINE OPERATORS (Licensing) 688.455 License fee; general qualifications HEMODIALYSIS TECHNICIANS 688.650 Qualifications for certification; temporary or provisional certificates; continuing
education; certificate expiration; rules ATHLETIC TRAINERS 688.720 Requirements for registration RESPIRATORY THERAPISTS AND POLYSOMNOGRAPHIC TECHNOLOGISTS 688.805 Exceptions to license requirements; practice requirements 688.815 License to practice respiratory care; examination; license by endorsement or
reciprocity 688.819 Polysomnographic technologist license; license by endorsement
_______________ PHYSICAL THERAPISTS
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688.050 Qualifications of physical therapist; examination; rules. (1) Each applicant for a license as a physical therapist shall: (a) Be at least 18 years of age. (b) Be of good moral character as determined by the Physical Therapist Licensing Board. (c)(A) Be a graduate of an accredited professional physical therapy education program approved by the board; or (B) Have military experience or training that the board determines is substantially equivalent to the education required by subparagraph (A) of this paragraph. (d) Pass to the satisfaction of the board an examination approved by the board to determine the fitness of the applicant to practice as a physical therapist or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board. (2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has been educated outside the United States shall: (a) Provide evidence satisfactory to the board that the applicant’s physical therapy education program is recognized or accredited and that the applicant’s education is substantially equivalent to the education of physical therapists who graduated from accredited physical therapy education programs approved by the board. If the board determines that the education of an applicant who graduated from a physical therapy education program outside the United States is not substantially equivalent, the board may require the applicant to complete additional course work before the board proceeds with the application process. (b) Obtain an evaluation of the applicant’s educational credentials by a credentials evaluation agency approved by the board. (c) Demonstrate proficiency in English if required by the board. (d) Pass to the satisfaction of the board an examination approved by the board. (3) If an applicant who has been educated outside the United States is a graduate of an accredited physical therapy education program approved by the board, the board may waive the requirements of subsection (2)(a) and (b) of this section. [1959 c.461 §5; 1971 c.585 §4; 1973 c.827 §73; 2005 c.627 §5; 2012 c.43 §15] MEDICAL IMAGING PRACTITIONERS AND LIMITED X-RAY MACHINE OPERATORS (Licensing) 688.455 License fee; general qualifications. (1) The Board of Medical Imaging shall issue a license to a person to practice a medical imaging modality if the person makes an application in writing and pays a fee in an amount established by the board and if the person, at the time of application: (a) Is at least 18 years of age; (b) Satisfies one of the following requirements: (A) Holds a credential issued by a credentialing organization in a medical imaging modality recognized by the board or provides the board with documentation of military training or experience that the board determines is substantially equivalent to the credentialing requirements;
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(B) No later than December 31, 2010, passed the examination of the American Registry of Radiologic Technologists after being sponsored for the examination by the State of Oregon; (C) Was initially licensed by the Board of Radiologic Technology before 1980 and held an active license from the Board of Medical Imaging on July 1, 2010; or (D) Meets the requirements for licensing under ORS 688.495; (c) Has undergone a background check to the satisfaction of the board as established in rules adopted by the board; (d) Has not had a license of any type revoked by this state or any state, territory of the United States or nation; (e) Has not had a credential revoked by any credentialing organization; and (f) Meets the standards of ethical conduct established in the professional standards of the corresponding credentialing organization or a medical imaging modality’s professional society. (2) All applicants for a license are subject to the examination policies of their respective credentialing organizations. (3)(a) The board may consider issuing a new license to a person whose revoked credential has been reinstated by a credentialing organization or whose license of any type has been reinstated by another state. (b) The board shall consider issuing a new license under this subsection on a case-by-case basis and shall adopt rules governing issuance of a new license. [1977 c.534 §6; 1979 c.443 §2; 1991 c.535 §1; 1997 c.367 §2; 2009 c.833 §§6,7; 2012 c.1 §2; 2012 c.43 §§17b,17c] HEMODIALYSIS TECHNICIANS 688.650 Qualifications for certification; temporary or provisional certificates; continuing education; certificate expiration; rules. (1)(a) When application has been made as required under ORS 688.640, the Oregon Health Authority shall certify an applicant as a hemodialysis technician if the authority finds that the applicant: (A) Has successfully completed the training requirement adopted by the authority. (B) Has paid a fee to the authority pursuant to ORS 688.645. (C) Has successfully completed an examination administered by the authority or administered by another public or private entity and approved by the authority. (D) Meets any other requirements prescribed by rule of the authority. (b) An applicant meets the requirements of paragraph (a)(A) of this subsection if the applicant provides the authority with documentation of military training or experience that the authority determines is substantially equivalent to the training requirement adopted by the authority. (2) The authority may provide for the issuance of a temporary or provisional certification for a person to practice as a hemodialysis technician until the person has taken and passed the next held certification examination available to the person and has received a certificate. The authority may impose any conditions or limitations on a temporary or provisional certificate that the authority considers reasonable and necessary to protect the public. A temporary or provisional certificate may be held only by a person who: (a) Has not received a failing grade on a certification examination approved or administered by the authority; and (b)(A) Has successfully completed the initial training required by authority rule; or
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(B) Is currently working in this or another state as a hemodialysis technician and is enrolled in a program offering the initial training required by authority rule. (3) Each person holding a certificate under this section shall submit, at the time of application for renewal of the certificate to the authority, evidence of the applicant’s satisfactory completion of any continuing education requirements prescribed by rule by the authority. (4) The authority shall prescribe criteria and approve programs of continuing education. (5) Each certification issued under this section, unless sooner suspended or revoked, shall expire and be renewable after a period of two years. Each certificate must be renewed on or before June 30 of every second year or on or before such date as may be specified by authority rule. The authority by rule shall establish a schedule of certificate renewals under this subsection and shall prorate the fees to reflect any shorter certificate period. [1997 c.580 §6; 2007 c.768 §50; 2009 c.595 §1099; 2012 c.43 §18] ATHLETIC TRAINERS 688.720 Requirements for registration. (1) The Health Licensing Office shall issue a registration as an athletic trainer under ORS 688.701 to 688.734 to an applicant who has: (a) Provided to the office adequate proof of: (A) Receipt of a bachelor’s degree from an accredited four-year college or university and having met the minimum athletic training curriculum requirements established by the Board of Athletic Trainers by rule; or (B) Military experience or training that the board determines is substantially equivalent to the education required by subparagraph (A) of this paragraph; (b) Successfully completed the certification examination administered by the national Board of Certification, or an equivalent examination approved by the Board of Athletic Trainers; (c) Completed any other requirements for registration as determined by the Board of Athletic Trainers by rule; (d) Submitted to the office adequate documentation that the applicant is at least 18 years of age; and (e) Paid the applicable fees for registration established under ORS 676.592. (2) The office shall issue a registration under this section to an applicant who has not successfully completed an examination under subsection (1) of this section if the applicant: (a) Furnishes documentation that demonstrates that the applicant meets the education, experience or training requirements described in subsection (1)(a) of this section; and (b) Is registered as an athletic trainer in another state or by a national association and the board determines that the registration requirements of the other state or the association are substantially equivalent to the registration requirements described in subsection (1)(c) of this section. [1999 c.736 §8; 2003 c.547 §9; 2012 c.43 §19; 2013 c.62 §2; 2013 c.314 §30a] RESPIRATORY THERAPISTS AND POLYSOMNOGRAPHIC TECHNOLOGISTS 688.805 Exceptions to license requirements; practice requirements. (1) Nothing in ORS 688.800 to 688.840 is intended to limit, preclude or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of this state. (2) Nothing in ORS 688.800 to 688.840 prohibits:
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(a) The practice of respiratory care by a student enrolled in a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board. (b) The practice of polysomnography by a student who is: (A) Enrolled in an educational program for polysomnography approved by the board; and (B) In the physical presence of a supervisor approved by the board. (c) Self-care by a patient, or gratuitous care by a friend or family member who does not claim to be a respiratory care practitioner. (d) Respiratory care services rendered in the course of an emergency. (3) Persons in the military services or working in federal facilities are exempt from the provisions of ORS 688.800 to 688.840 when functioning in the course of assigned duties. (4) Nothing in ORS 688.800 to 688.840 is intended to permit the practice of medicine by a person licensed to practice respiratory care or polysomnography unless the person is also licensed to practice medicine. (5) The practice of respiratory care: (a) May be performed in any clinic, hospital, skilled nursing facility, private dwelling or other setting approved by the board. (b) Must be performed in accordance with the prescription or verbal order of a physician and shall be performed under a qualified medical director for respiratory care. (6) The practice of polysomnography: (a) May be performed in a clinic, hospital, skilled nursing facility, sleep center, sleep laboratory, physician’s office, private dwelling or other setting approved by the board. (b) Must be performed in accordance with the prescription or verbal order of a physician or physician assistant licensed under ORS chapter 677 or a nurse practitioner licensed under ORS 678.375 to 678.390 and under the direction of a qualified medical director for polysomnography. [1997 c.792 §7; 2011 c.715 §2] 688.815 License to practice respiratory care; examination; license by endorsement or reciprocity. (1) An applicant for a license to practice respiratory care shall: (a) Submit to the Health Licensing Office written evidence that the applicant: (A) Is at least 18 years of age; (B) Has completed an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency; and (C) Has completed a respiratory care education program approved by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or their successors or equivalent organizations, as approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board; and (b) Pass an examination approved by the board. (2) An applicant meets the requirements of subsection (1)(a)(C) of this section if the applicant provides the office with documentation of military training or experience that the board determines is substantially equivalent to the education required by subsection (1)(a)(C) of this section. (3) The office may issue a license to practice respiratory care by endorsement or reciprocity to:
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(a) An applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the office to be equivalent to those required in this state; or (b) An applicant holding an active credential conferred by the National Board for Respiratory Care as a Certified Respiratory Therapist (CRT) or as a Registered Respiratory Therapist (RRT), or both. [1997 c.792 §6; 2001 c.40 §1; 2003 c.547 §32; 2005 c.21 §9; 2005 c.648 §43; 2009 c.701 §27; 2011 c.715 §4; 2012 c.43 §20; 2013 c.314 §31; 2013 c.568 §69] 688.819 Polysomnographic technologist license; license by endorsement. (1) An applicant for a polysomnographic technologist license shall: (a) Submit to the Health Licensing Office written evidence that the applicant: (A) Is at least 18 years of age; (B) Has completed an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency; and (C) Has completed a polysomnography program that is approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board and that is: (i) An education program; (ii) A training program; or (iii) A program that combines education and training, including a program that combines education and training to qualify the applicant for a credential specified in subsection (4) of this section; and (b) Pass an examination approved by the board. (2) An applicant meets the requirements of subsection (1)(a)(C) of this section if the applicant provides the office with documentation of military training or experience that the board determines is substantially equivalent to the education or training required by subsection (1)(a)(C) of this section. (3)(a) For purposes of this subsection, “education” includes a self-study education program approved by the Board of Registered Polysomnographic Technologists as of March 1, 2013. (b) An applicant meets the requirements of subsection (1)(a)(C) of this section if the applicant is actively credentialed as a registered polysomnographic technologist by the Board of Registered Polysomnographic Technologists and has: (A) Passed the registered polysomnographic technologist examination provided by the Board of Registered Polysomnographic Technologists after completing a combined education and training program required and approved by the Board of Registered Polysomnographic Technologists as of March 1, 2013; or (B) Passed the registered polysomnographic technologist examination provided by the Board of Registered Polysomnographic Technologists before the Board of Registered Polysomnographic Technologists required an individual to complete a combined education and training program in order to take the examination, and has since met the education and training requirements established by the Board of Registered Polysomnographic Technologists as of March 1, 2013. (4) The office may issue a polysomnographic technologist license by endorsement or reciprocity to: (a) An applicant who is currently licensed to practice polysomnography under the laws of another state, territory or country if the qualifications of the applicant are considered by the office to be equivalent to those required in this state; or
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(b) An applicant holding an active credential approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board. [2011 c.715 §8; 2012 c.43 §21; 2013 c.82 §2; 2013 c.314 §32; 2013 c.568 §70; 2015 c.78 §1]
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Chapter 689 — Pharmacists; Drug Outlets; Drug Sales
2015 EDITION
PHARMACISTS; DRUG OUTLETS; DRUG SALES OCCUPATIONS AND PROFESSIONS PRACTICE OF PHARMACY 689.255 Qualifications for licensure by examination PHARMACY TECHNICIANS 689.490 Board to establish licensing system; rules; fees
_______________ PRACTICE OF PHARMACY 689.255 Qualifications for licensure by examination. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (a) Have submitted a written application in the form prescribed by the State Board of Pharmacy. (b) Have attained the age of 18 years. (c) Be of good moral character and temperate habits. (d) Have completed requirements for the first professional undergraduate degree as certified by a school or college of pharmacy which has been approved by the board. (e) Have completed an internship or other program which has been approved by the board, or demonstrated to the board’s satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board. (f) Have successfully passed an examination approved by the board. (g) Have paid the fees specified by the board for examination and issuance of license. (2)(a) The board shall approve the content and subject matter of each examination and determine which persons have successfully passed the examination. (b) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ and cooperate with any organization or consultant in the preparation and grading of an appropriate examination, but shall retain the sole discretion and responsibility of determining which applicants have successfully passed such an examination. (3)(a) All applicants for licensure by examination shall obtain professional and practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under such terms and conditions as the board shall determine. (b) The board shall establish standards for internship or any other program necessary to qualify an applicant for the licensure examination based on nationally recognized standards of
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practice and shall also determine the necessary qualifications of any preceptors used in any internship or other program. (4) Any person who has received a professional degree from a school or college of pharmacy located outside the United States which has not been approved by the board, but who is otherwise qualified to apply for a license to practice pharmacy in the State of Oregon may be deemed to have satisfied the degree requirements of subsection (1)(d) of this section by verification to the board of the academic record and graduation of the person and by meeting such other requirements as the board may establish. The board may require such person to successfully pass an examination or examinations given or approved by the board to establish proficiency in English and equivalency of education of such person with qualified graduates of a degree program referred to in subsection (1)(d) of this section as a prerequisite of taking the licensure examination provided for in subsection (1)(f) of this section. (5) An applicant meets the requirements of subsection (1)(e) or (3) of this section if the applicant provides the board with documentation of military experience that the board determines is substantially equivalent to the experience required by subsection (1)(e) or (3) of this section. [1979 c.777 §22; 1987 c.108 §4; 1999 c.59 §205; 2009 c.756 §77; 2012 c.43 §22] PHARMACY TECHNICIANS 689.490 Board to establish licensing system; rules; fees. (1) In accordance with any applicable provisions of ORS chapter 183, the State Board of Pharmacy, by rule, shall establish a licensing system for persons who perform the duties of a pharmacy technician. The licensing system shall include but not be limited to the following provisions: (a) Prescribing the form and content of and the procedures for submitting an application for the issuance or renewal of a technician license. (b) Prescribing the fee for a license, for renewal of a license and for late renewal of a license. (c) Allowing an applicant to meet educational and experience requirements by providing the board with documentation of military training or experience that is substantially equivalent to the education or experience required by the board. (2) The board may refuse to issue or renew, or may suspend, revoke or restrict a technician license: (a) For any reason listed under ORS 689.405 (1); (b) If the applicant is not authorized to work for hire under Oregon law; or (c) For any other grounds that the board, in its discretion, believes would disqualify the applicant for a license. (3) Denial of a license under subsection (2) of this section is a contested case under ORS
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Chapter 690 — Cosmetic Professionals
2015 EDITION
COSMETIC PROFESSIONALS OCCUPATIONS AND PROFESSIONS BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY; NATURAL HAIR
CARE (Generally) 690.025 Exemptions; rules (Certificates, Licenses, Permits and Registrations) 690.047 Waiver of educational requirement
_______________ BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY; NATURAL HAIR
CARE (Generally) 690.025 Exemptions; rules. (1) ORS 690.005 to 690.225 do not apply to: (a) Persons who perform service without compensation in case of emergency or in domestic administration. (b) Persons licensed by a health professional regulatory board listed in ORS 676.160 who are acting within the scope of their professional license. (c) Persons identified by the Health Licensing Office or Board of Cosmetology by rule who are acting under the authority of a hospital or long term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415. (d) Persons engaged in rendering emergency medical assistance as defined in ORS 30.800. (e) Persons licensed by the State Board of Pharmacy, merchants or other individuals when demonstrating apparatus or supplies for purposes of sale. (f) Commissioned medical and surgical officers and personnel of the United States Armed Services while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility. (g) Subject to subsection (3) of this section, persons applying temporary makeup, combing hair, brushing hair, braiding hair, applying hair spray or holding cream to hair or styling hair through the use of barrettes, ties, clips, ribbons and other similar hair accessories for the sole
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purpose of preparing an individual for a professional photograph, provided that the person does not use any product that alters the keratin of the individual’s hair. (h) Subject to subsection (3) of this section, persons applying temporary makeup or styling hair by any method for the sole purpose of preparing an individual for a professional film or video performance or a theatrical performance. (i) A student while engaged in training at the direction of and under the direct supervision of the faculty of a school licensed under ORS 345.010 to 345.450 to teach a field of practice. For purposes of this paragraph, “field of practice” does not include natural hair care. (2) The office may exempt from ORS 690.005 to 690.225 practitioners providing services at charitable or fund raising events. In establishing an exemption, the office shall consider and evaluate each written request on an individual basis. (3) The office may develop and disseminate guidelines for persons described in subsection (1)(g) and (h) of this section for the purpose of ensuring sanitation and hygiene best practices. The office is not required to adopt rules to implement this subsection. [1977 c.886 §2; 1983 c.151 §3; 1987 c.31 §4; 1993 c.45 §297; 1993 c.267 §3; 1995 c.343 §63; 1999 c.425 §3; 2005 c.117 §3; 2009 c.701 §32; 2013 c.188 §1; 2013 c.290 §3; 2013 c.568 §78; 2015 c.794 §1] (Certificates, Licenses, Permits and Registrations) 690.047 Waiver of educational requirement. (1) For purposes of this section, “field of practice” does not include natural hair care. (2) The Board of Cosmetology may waive all or part of the educational requirement for an applicant in a field of practice and allow the applicant to take the certification examination, provided that: (a) The applicant’s education or training, including relevant education or training obtained in the military, is determined by the board to be substantially equivalent to Oregon certification requirements; (b) The applicant is otherwise qualified to take the examination; and (c) The applicant holds an active certification that was issued in another state or a territory of the United States and has not been subject to disciplinary action by the other certifying body. (3) The Health Licensing Office may issue a specialty certificate in a field of practice to a practitioner who has: (a) Completed post-graduate education approved by the office that is separate from the education or training required for entry-level certification; (b) Passed an examination approved or recognized by the board; and (c) Paid the applicable fees established under ORS 676.592. [1999 c.425 §8; 2009 c.701 §33; 2012 c.43 §24; 2013 c.290 §5; 2013 c.314 §37; 2013 c.568 §80]
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Chapter 692 — Funeral Service Practitioners; Embalmers; Death Care Consultants; Funeral Establishments; Cemetery and Crematory Operators
2015 EDITION
FUNERALS; CEMETERIES AND CREMATORIUMS OCCUPATIONS AND PROFESSIONS LICENSING 692.045 Funeral service practitioner license; application; examination; experience 692.105 Embalmer license; application; qualifications of applicant; rules
_______________ LICENSING 692.045 Funeral service practitioner license; application; examination; experience. (1) The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a funeral service practitioner if the individual meets the following requirements: (a) The individual must apply to the board for a funeral service practitioner license on an application form provided by the board. (b) The individual must pass an examination offered by the board under ORS 692.070 after the individual applies for the funeral service practitioner license. (c) The individual must complete training as a funeral service practitioner trainee under ORS 692.190. (2) An individual may not take an examination under ORS 692.070 until the individual has provided written evidence of graduation from an associate degree program meeting the requirements established by board rule. (3) An applicant meets the requirements of subsection (1)(c) or (2) of this section if the applicant provides the board with documentation of military training or experience that the board determines is substantially equivalent to the education or experience required by subsection (1)(c) or (2) of this section. (4) Notwithstanding subsection (2) of this section, an applicant who has four years of experience as a licensed funeral service practitioner or embalmer in this state or in another state and who is in good standing with the board or with the licensing authority from another state is considered to have met any educational requirement necessary to take the examination under ORS 692.070. [1983 c.810 §6; 1989 c.177 §3; 1993 c.308 §4; 1997 c.638 §4; 1999 c.724 §8; 2007 c.170 §3; 2012 c.43 §25; 2015 c.367 §1] 692.105 Embalmer license; application; qualifications of applicant; rules. (1) The State Mortuary and Cemetery Board shall issue a license to an individual to practice as an embalmer if
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the individual is 18 years of age or older, applies for a license and meets the qualifications described in this section. (2) An individual must apply for a license by applying to the State Mortuary and Cemetery Board on an application form provided by the board. (3) An individual applying for a license under this section must meet the following requirements: (a) The individual must complete training as an embalmer trainee under ORS 692.190. (b) The individual must provide written evidence of graduation from an accredited program of funeral service education or from a program that provides an equivalent education as identified by the State Mortuary and Cemetery Board by rule. (c) The individual must obtain a passing score on the examination described in ORS 692.130 or show evidence satisfactory to the State Mortuary and Cemetery Board that the individual has successfully passed the National Board Examination as administered by the International Conference of Funeral Service Examining Boards or its successor organization. (d) The individual must demonstrate knowledge of applicable state law in an examination offered by the State Mortuary and Cemetery Board under ORS 692.130. (4) When an individual provides written evidence of graduation from an accredited program of funeral service education, if the individual does not show evidence satisfactory to the State Mortuary and Cemetery Board that the individual has passed the National Board Examination, the State Mortuary and Cemetery Board may examine the individual as provided in ORS 692.130. However, the State Mortuary and Cemetery Board may not issue an embalmer license until an individual has completed the training required under ORS 692.190. (5) An applicant meets the requirements of subsection (3)(a) of this section if the applicant provides the State Mortuary and Cemetery Board with documentation of military experience that the board determines is substantially equivalent to the experience required by subsection (3)(a) of this section. [1983 c.810 §8; 1993 c.308 §5; 2012 c.43 §26; 2015 c.367 §4]
Chapter 703 — Truth Verification and Deception Detection; Investigators
2015 EDITION
TRUTH& DECEPTION DETECTION; INVESTIGATORS OCCUPATIONS AND PROFESSIONS TRUTH VERIFICATION AND DECEPTION DETECTION BY POLYGRAPH EXAMINERS (Licensing) 703.080 License qualifications 703.090 General polygraph examiner license qualifications; authority of department to require
fingerprints; statement on refusal to issue license
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INVESTIGATORS 703.415 Investigator’s license qualifications
_______________ TRUTH VERIFICATION AND DECEPTION DETECTION BY POLYGRAPH EXAMINERS (Licensing) 703.080 License qualifications. (1) To become a trainee an applicant must satisfy ORS 703.090 (1)(a) to (d) and: (a) Have graduated from a polygraph examiners course approved by the Department of Public Safety Standards and Training; or (b) Provide documentation of military experience or training that the department determines is substantially equivalent to the education required by paragraph (a) of this subsection. (2) To receive a general license an applicant shall satisfy ORS 703.090 (1)(a) to (g). The trainee shall receive a general license upon satisfaction of ORS 703.090 (1)(e) to (g). The department shall require such proof as is necessary to establish satisfaction of the additional requirements. [1975 c.608 §14; 1985 c.565 §118; 1997 c.853 §47; 2012 c.43 §27] 703.090 General polygraph examiner license qualifications; authority of department to require fingerprints; statement on refusal to issue license. (1) All of the following requirements apply to an applicant for a license as a general polygraph examiner. The applicant must: (a) Be at least 18 years of age. (b) Be a citizen of the United States. (c) Not have demonstrated, in the preceding 10 years, a course of behavior that indicates a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public. (d) If previously convicted for a criminal offense, provide information, as required by the Department of Public Safety Standards and Training, relating to the circumstances of the conviction. ORS 670.280 is applicable when the department considers information provided under this paragraph. (e)(A) Have received a baccalaureate degree from a college or university that is accredited by the American Association of Collegiate Registrars and Admissions Officers; or (B) Have graduated from high school or have been awarded a General Educational Development (GED) certificate, and have at least five years of active investigative experience before the date of application. (f) Have graduated from a polygraph examiners course approved by the department and conforming to any minimum training standards approved by the Board on Public Safety Standards and Training and have satisfactorily completed at least 200 examinations, or have worked as a polygraph examiner for a period of at least five years for a governmental agency within the State of Oregon and have satisfactorily completed at least 200 examinations.
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(g) Have successfully completed an examination conducted by the department to determine, consistent with any standards approved by the board, competency to act as a polygraph examiner. (2) An applicant meets the requirements of subsection (1)(e) or (f) of this section if the applicant provides the Department of Public Safety Standards and Training with documentation of military training or experience that the department determines is substantially equivalent to the education or experience required by subsection (1)(e) or (f) of this section. (3) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Public Safety Standards and Training shall require each applicant to be fingerprinted as part of the licensing procedure. (4) Notwithstanding ORS 181A.195 (5) and (6), the Department of State Police shall maintain in the department’s files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under ORS 181A.195 on applicants for a license as a general polygraph examiner. (5) When the Department of Public Safety Standards and Training refuses to issue a license based upon an applicant’s failure to meet the requirements of subsection (1)(c) of this section, the department shall prepare a concise, specific written statement of the facts supporting the department’s conclusion that there is a high degree of probability that the applicant will be unlikely to perform required duties in a manner that would serve the interests of the public. A copy of the statement must be given to the applicant. [1975 c.608 §15; 1979 c.410 §9; 1997 c.853 §48; 2003 c.166 §4; 2005 c.730 §42; 2011 c.261 §1; 2012 c.43 §28] INVESTIGATORS 703.415 Investigator’s license qualifications. In order to obtain a private investigator’s license, a person: (1) Must be at least 18 years of age; (2) Must be eligible to work in the United States; (3) Must not have committed any act that constitutes grounds for denial of a private investigator’s license; (4) Must have obtained a passing score on the test of investigator competency adopted by the Board on Public Safety Standards and Training and administered by the Department of Public Safety Standards and Training; (5) Must submit to fingerprinting and criminal records checks as prescribed by the board by rule; (6) Must have a corporate surety bond, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or such other security as the department may prescribe by rule in the sum of at least $5,000, or errors and omissions insurance in the sum of at least $5,000; and (7) Must have at least 1,500 hours of experience in investigatory work, have completed a related course of study approved by the department or have a combination of work experience and education, including relevant training and experience obtained in the military, approved by the department. [1997 c.870 §4; 2001 c.838 §3; 2005 c.613 §11; 2007 c.320 §2; 2012 c.43 §29]
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Chapter 744 — Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited
Licenses
2015 EDITION
LICENSEES AND ADMINISTRATORS INSURANCE INSURANCE PRODUCERS 744.072 Renewal or reinstatement of insurance producer license; continuing education; rules
_______________ INSURANCE PRODUCERS 744.072 Renewal or reinstatement of insurance producer license; continuing education; rules. (1) An insurance producer license remains in effect unless revoked or suspended as long as all applicable fees are paid by the due date and, if the licensee is a resident individual insurance producer, as long as the licensee has met applicable continuing education requirements for resident individual insurance producers under subsection (4) of this section by the due date. The renewal fee is due on the last day of the month in which the second anniversary of the initial issuance date of the license occurs and on the second anniversary following each renewal. The Director of the Department of Consumer and Business Services may establish another renewal period for the purpose of coordination with any national registration or licensing system. (2) As a condition for or in connection with the renewal of an insurance producer license the director may require the insurance producer to file information with the director regarding use made of the license during the previous year or two years, and especially showing whether the license has been used principally for the writing of personal or controlled insurance, as defined in ORS 746.065. (3) The director may require an insurance producer, as a condition for renewal of the insurance producer license, to fulfill any or all of the requirements then applicable to the original issuance of the license. (4) The director by rule may establish requirements for continuing education that each resident individual insurance producer must satisfy as a condition for renewing the resident insurance producer license. The hours of education so required shall not exceed 45 hours annually during the first five years an individual is licensed, 24 hours annually during the next five years an individual is licensed, and 12 hours annually for individuals licensed for more than 10 years or for individuals who have received the designation C.P.C.U., C.L.U. or comparable designation recognized by the director. Continuing education shall not be required for: (a) Any person to whom a license is issued without examination pursuant to ORS 744.067 (5); (b) Any person who before January 1, 2010:
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(A) Requests an exemption from the requirement; (B) Is authorized to transact only life insurance; (C) Is 58 years of age or older; (D) Has 10 or more years of experience as a licensed insurance producer; and (E) Is servicing only existing policies; or (c) Any person whose license is indorsed to authorize the person to act as a reinsurance intermediary broker or reinsurance intermediary manager, or both, as described in ORS 744.800, but the exemption applies solely for the purpose of maintaining the indorsement and does not affect any continuing education requirement that otherwise applies. (5) In connection with establishing continuing education requirements under subsection (4) of this section, the director may make arrangements, including contracting with a private service, for establishing and operating a program and standards for approving and registering continuing education programs and their providers. (6) An individual insurance producer who allows the insurance producer license to lapse may apply to the director to reinstate the same license within 12 months from the due date for renewal without having to take and pass a written examination, but the insurance producer must pay an amount for the reinstatement that is equal to double the unpaid renewal fee for any renewal fee paid after the due date and must complete any continuing education requirements not satisfied to date, including the period for which the license was lapsed. A license reinstated under this subsection is effective upon the date that the director grants the reinstatement. (7) An individual insurance producer who is unable to comply with license renewal procedures due to military service or another extenuating circumstance such as a long term medical disability may request a waiver from compliance with those procedures. The insurance producer may also request a waiver of any examination requirement or any penalty imposed for failure to comply with renewal procedures. [2001 c.191 §12; 2003 c.364 §13; 2009 c.96 §1]
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Chapter 801 — General Provisions and Definitions for Oregon Vehicle Code
2015 EDITION
TITLE 59 OREGON VEHICLE CODE Chapter 801. General Provisions and Definitions for Oregon Vehicle Code 802. Administrative Provisions 803. Vehicle Title and Registration 805. Special Registration Provisions 806. Financial Responsibility Law 807. Driving Privileges and Identification Cards 809. Refusal, Suspension, Cancellation and Revocation of Registration, Title,
Driving Privileges and Identification Card; Vehicle Impoundment 810. Road Authorities; Courts; Police; Other Enforcement Officials 811. Rules of the Road for Drivers 813. Driving Under the Influence of Intoxicants 814. Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With
Fewer Than Four Wheels 815. Vehicle Equipment Generally 816. Vehicle Equipment: Lights 818. Vehicle Limits 819. Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles; Vehicle
Identification Numbers; Vehicle Appraisers 820. Special Provisions for Certain Vehicles 821. Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles 822. Regulation of Vehicle Related Businesses 823. Carrier Regulation Generally 824. Railroads 825. Motor Carriers 826. Registration of Commercial Vehicles
_______________ GENERAL PROVISIONS AND DEFINITIONS OREGON VEHICLE CODE GENERAL PROVISIONS 801.041 Terms and conditions for imposition of registration fee by county; rules 801.042 Terms and conditions for imposition of registration fee by district; rules
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GENERAL PROVISIONS
801.041 Terms and conditions for imposition of registration fee by county; rules. The following apply to the authority granted to counties by ORS 801.040 to establish registration fees for vehicles: (1) An ordinance establishing registration fees under this section must be enacted by the county imposing the registration fee and filed with the Department of Transportation. Notwithstanding ORS 203.055 or any provision of a county charter, the governing body of a county with a population of 350,000 or more may enact an ordinance establishing registration fees. The governing body of a county with a population of less than 350,000 may enact an ordinance establishing registration fees after submitting the ordinance to the electors of the county for their approval. The governing body of the county imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the county. (2) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code. (3) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, they must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following: (a) Snowmobiles and Class I all-terrain vehicles. (b) Fixed load vehicles. (c) Vehicles registered under ORS 805.100 to disabled veterans. (d) Vehicles registered as antique vehicles under ORS 805.010. (e) Vehicles registered as vehicles of special interest under ORS 805.020. (f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045. (g) School buses or school activity vehicles registered under ORS 805.050. (h) Law enforcement undercover vehicles registered under ORS 805.060. (i) Vehicles registered on a proportional basis for interstate operation. (j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (10) or (11). (k) Vehicles registered as farm vehicles under the provisions of ORS 805.300. (L) Travel trailers, campers and motor homes. (m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph. (4) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (1). For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount. (5) Moneys from registration fees established under this section must be paid to the county establishing the registration fees as provided in ORS 802.110. The county ordinance shall
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provide for payment of at least 40 percent of the moneys to cities within the county unless a different distribution is agreed upon by the county and the cities within the jurisdiction of the county. The moneys for the cities and the county shall be used for any purpose for which moneys from registration fees may be used, including the payment of debt service and costs related to bonds or other obligations issued for such purposes. (6) Two or more counties may act jointly to impose a registration fee under this section. The ordinance of each county acting jointly with another under this subsection must provide for the distribution of moneys collected through a joint registration fee. [1989 c.864 §4; 1993 c.751 §3; 2003 c.655 §85; 2009 c.865 §§40,40a; 2011 c.145 §§2,3; 2015 c.404 §1] Note: 801.041, 801.042 and 801.043 were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 801.042 Terms and conditions for imposition of registration fee by district; rules. The following apply to the authority granted to a district by ORS 801.040 to establish registration fees for vehicles: (1) Before the governing body of a district can impose a registration fee under this section, it must submit the proposal to the electors of the district for their approval and, if the proposal is approved, enter into an intergovernmental agreement under ORS 190.010 with the governing bodies of all counties, other districts and cities with populations of over 300,000 that overlap the district. The intergovernmental agreement must state the registration fees and, if necessary, how the revenue from the fees shall be apportioned among counties and the districts. Before the governing body of a county can enter into such an intergovernmental agreement, the county shall consult with the cities in its jurisdiction. (2) If a district raises revenues from a registration fee for purposes related to highways, roads, streets and roadside rest areas, the governing body of that district shall establish a Regional Arterial Fund and shall deposit in the Regional Arterial Fund all such registration fees. (3) Interest received on moneys credited to the Regional Arterial Fund shall accrue to and become a part of the Regional Arterial Fund. (4) The Regional Arterial Fund must be administered by the governing body of the district referred to in subsection (2) of this section and such governing body by ordinance may disburse moneys in the Regional Arterial Fund. Moneys within the Regional Arterial Fund may be disbursed only for a program of projects recommended by a joint policy advisory committee on transportation consisting of local officials and state agency representatives designated by the district referred to in subsection (2) of this section. The projects for which the joint policy advisory committee on transportation can recommend funding must concern arterials, collectors or other improvements designated by the joint policy advisory committee on transportation. (5) Ordinances establishing registration fees under this section must be filed with the Department of Transportation. The governing body of the district imposing the registration fee shall enter into an intergovernmental agreement under ORS 190.010 with the department by which the department shall collect the registration fees, pay them over to the district and, if necessary, allow the credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date on which the department shall begin collecting registration fees for the district.
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(6) The authority granted by this section allows the establishment of registration fees in addition to those described in ORS 803.420. There is no authority under this section to affect registration periods, qualifications, cards, plates, requirements or any other provision relating to vehicle registration under the vehicle code. (7) Except as otherwise provided for in this subsection, when registration fees are imposed under this section, the fees must be imposed on all vehicle classes. Registration fees as provided under this section may not be imposed on the following: (a) Snowmobiles and Class I all-terrain vehicles. (b) Fixed load vehicles. (c) Vehicles registered under ORS 805.100 to disabled veterans. (d) Vehicles registered as antique vehicles under ORS 805.010. (e) Vehicles registered as vehicles of special interest under ORS 805.020. (f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045. (g) School buses or school activity vehicles registered under ORS 805.050. (h) Law enforcement undercover vehicles registered under ORS 805.060. (i) Vehicles registered on a proportional basis for interstate operation. (j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 (10) or (11). (k) Vehicles registered as farm vehicles under the provisions of ORS 805.300. (L) Travel trailers, campers and motor homes. (m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible public employee or household member’s residence address is not within the county of the employment address. The department may adopt rules it considers necessary for the administration of this paragraph. (8) Any registration fee imposed by the governing body of a district must be a fixed amount not to exceed, with respect to any vehicle class, the registration fee established under ORS 803.420 (1). For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount. [1989 c.864 §5; 1993 c.751 §4; 2003 c.655 §86; 2015 c.404 §2] Note: See note under 801.041.
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Chapter 803 — Vehicle Title and Registration
2015 EDITION
VEHICLE TITLE AND REGISTRATION OREGON VEHICLE CODE REGISTRATION
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(Periods and Fees) 803.417 Registration period for Oregon National Guard member or military reservist 803.420 Registration fees (Plates) 803.530 Period of validity; transfer; replacement 803.533 Period of validity for Oregon National Guard member or military reservist (Periods and Fees) 803.417 Registration period for Oregon National Guard member or military reservist. (1) Notwithstanding ORS 803.400 and 803.415, the registration of a vehicle registered in the name of a person who is a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the person is on active duty shall remain valid for 90 days following the termination of active duty. (2) The court shall dismiss the charge of failure to renew vehicle registration under ORS 803.455 if, when charged, a member of the Oregon National Guard or a military reservist had a valid registration for the vehicle pursuant to subsection (1) of this section. [2005 c.257 §3] Note: 803.417 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation. 803.420 Registration fees. This section establishes registration fees for vehicles. If there is uncertainty as to the classification of a vehicle for purposes of the payment of registration fees under the vehicle code, the Department of Transportation may classify the vehicle to assure that registration fees for the vehicle are the same as for vehicles the department determines to be comparable. The registration fees for the vehicle shall be those based on the classification determined by the department. Except as otherwise provided in this section, or unless the vehicle is registered quarterly, the fees described in this section are for an entire registration period for the vehicle as described under ORS 803.415. The department shall apportion any fee under this section to reflect the number of quarters registered for a vehicle registered for a quarterly registration period under ORS 803.415. The fees are payable when a vehicle is registered and upon renewal of registration. Except as provided in ORS 801.041 (3) and 801.042 (7), the fee shall be increased by any amount established by the governing body of a county or by the governing body of a district, as defined in ORS 801.237, under ORS 801.041 or 801.042 as an additional registration fee for the vehicle. The fees for registration of vehicles are as follows: (1) Vehicles not otherwise provided for in this section or ORS 821.320, $43 for each year of the registration period. (2) Mopeds, $24 for each year of the registration period. (3) Motorcycles, $24 for each year of the registration period.
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(4) Government-owned vehicles registered under ORS 805.040, $3.50. (5) State-owned vehicles registered under ORS 805.045, $3.50 on registration or renewal. (6) Undercover vehicles registered under ORS 805.060, $3.50 on registration or renewal. (7) Antique vehicles registered under ORS 805.010, $54. (8) Vehicles of special interest registered under ORS 805.020, $81. (9) Electric vehicles and hybrid vehicles that use electricity and another source of motive power, as follows: (a) The registration fee for an electric or hybrid vehicle not otherwise described in this subsection is $43 for each year of the registration period. (b) The registration fee for electric or hybrid vehicles that have two or three wheels is $43. This paragraph does not apply to electric or hybrid mopeds. Electric or hybrid mopeds are subject to the same registration fee as otherwise provided for mopeds under this section. (c) The registration fees for the following electric or hybrid vehicles are the same as for comparable nonelectric vehicles described in this section plus 50 percent of such fee: (A) Motor homes. (B) Commercial buses. (C) Vehicles registered as farm vehicles under ORS 805.300. (D) Vehicles required to establish registration weight under ORS 803.430 or 826.013. (10) [Tables Omitted]… (21) The registration fee for vehicles with special registration for disabled veterans under ORS 805.100 is a fee of $15. (Plates) 803.530 Period of validity; transfer; replacement. Registration plates assigned to a vehicle by the Department of Transportation shall remain with the vehicle to which the plates are assigned and are valid only during the registration period for which the plates are issued except as provided in the following: (1) The department may allow registration plates to be transferred to another vehicle upon receipt of an application and payment of a plate transfer fee under ORS 803.575 in addition to any required registration fee. The department shall transfer registration plates under this subsection unless the department determines that the plates are: (a) So old, damaged, mutilated or otherwise rendered illegible as to be not useful for purposes of identification; or (b) Not any of the following: (A) From a current issue of registration plates; (B) Customized registration plates described under ORS 805.240; (C) Oregon Trail commemorative registration plates issued under section 113, chapter 741, Oregon Laws 1993; (D) Special registration plates issued under ORS 805.255, 805.260, 805.263, 805.266, 805.278 or 805.283; (E) Group plates issued under ORS 805.205; or (F) Veterans plates issued under ORS 805.105.
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(2) The owner of a registered vehicle to which a plate is assigned may replace a registration plate that is illegally altered or that is lost, destroyed or mutilated in a manner that renders illegible any identification on the plate. The following apply to this subsection: (a) To replace a plate under this subsection, the owner must apply to the department for replacement of the damaged or lost plate in a form prescribed by the department and pay the replacement plate fee established under ORS 803.575. (b) The application must state the facts of the damage, destruction or loss of the plate. (c) The department, in lieu of replacement, may issue duplicate plates for the same fee as charged for replacements. (d) The plates issued under this subsection are valid only for the period of the plates replaced. (3) A county may replace a registration plate that is from a specially designed government series with a registration plate that is from a regular series. The following apply to this subsection: (a) To replace a plate under this subsection, the county must apply to the department for replacement of the plate in a form prescribed by the department and pay the replacement plate fee established under ORS 803.575. (b) The plates issued under this subsection are valid only for the period of the plates replaced. (4) This section does not apply to special interest registration plates approved under ORS 805.210. [1983 c.338 §259; 1985 c.16 §100; 1985 c.174 §5; 1985 c.243 §3; 1985 c.570 §3; 1987 c.158 §163; 1993 c.741 §120; 2001 c.827 §3; 2003 c.409 §8; 2005 c.71 §1; 2015 c.540 §3; 2015 c.806 §17] 803.533 Period of validity for Oregon National Guard member or military reservist. (1) Notwithstanding ORS 803.530, a registration plate assigned to a vehicle registered to a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the person is on active duty shall remain valid for 90 days following the termination of active duty. (2) The court shall dismiss the charge of improper display of validating stickers under ORS 803.560 if, when charged, the person charged was the registered owner of the vehicle and a member of the Oregon National Guard or a military reservist, and the registration plate was valid pursuant to subsection (1) of this section. [2005 c.257 §4] Note: 803.533 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 803 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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Chapter 805 — Special Registration Provisions
2015 EDITION
SPECIAL REGISTRATION PROVISIONS
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OREGON VEHICLE CODE PARTICULAR PERSONS 805.100 Disabled veterans 805.103 Congressional Medal of Honor recipients; rules 805.105 Veterans’ recognition plates; Gold Star Family plates; rules; surcharge; disposition of
moneys 805.106 Funding for veterans’ recognition plate costs 805.107 Disposition of certain plates issued to veterans 805.110 Former prisoners of war 805.115 Active members of Oregon National Guard PARTICULAR PERSONS 805.100 Disabled veterans. (1) In the absence of just cause for refusal, the Department of Transportation shall provide for registration of any vehicle required to be registered by this state in a manner consistent with this section for persons who qualify as disabled veterans under this section. The special registration provisions under this section are subject to all of the following: (a) The fee is the one-time registration fee established by ORS 803.420 for vehicles registered under this section. (b) The department may issue registrations for vehicles in a household under this section in a number equal to the number of persons in the household who qualify as disabled veterans under subsection (2) of this section. (c) The department shall not register any commercial vehicle under this section. (2) A person is a disabled veteran who qualifies for registration of a vehicle under this section if the person: (a) Is a disabled veteran whose disability results from causes connected with service in the Armed Forces of the United States; and (b) Has been a member of and discharged or released under honorable conditions from the Armed Forces of the United States, and whose service was for not less than 90 consecutive days or who was discharged or released on account of a service-connected injury or illness prior to the completion of the minimum period of service. (3) A person qualifies as a disabled veteran under subsection (2) of this section if the person presents a letter from the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States certifying that the person is a disabled veteran. (4) Registration issued under this section is valid as provided in ORS 803.415. The registration period for vehicles registered under this section exempts the registration from any requirement to be renewed or to make payment of renewal fees. However, if any owner would be required to comply with ORS 815.310 upon issuance or renewal of regular registration for the
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vehicle, the owner must comply with ORS 815.310 in the same manner as for other vehicles or the department may suspend the registration of the vehicle until the owner submits proof of compliance. (5) The department may suspend or revoke any registration issued under this section if the department determines that the vehicle is owned by a person not qualified for registration under this section or the vehicle is a kind not qualified for registration under this section. [1983 c.338 §247; 1985 c.16 §92; 1993 c.741 §127; 1997 c.517 §1; 1999 c.778 §1] 805.103 Congressional Medal of Honor recipients; rules. (1) The Department of Transportation shall provide for issuance of registration plates for a motor vehicle registered under ORS 803.420 (1) or (9)(a), in a manner consistent with this section, to motor vehicle owners who qualify for the plates as Congressional Medal of Honor recipients under subsection (2) this section. (2) A person who is a Congressional Medal of Honor recipient qualifies for registration plates under this section if the person provides the department with a certificate from the United States Department of Veterans Affairs attesting to the person’s status as a Congressional Medal of Honor recipient. (3) Registration plates issued under this section shall be considered customized registration plates for purposes of the fee required in ORS 805.250. The department may waive the fee required in ORS 805.250. (4) The department may not issue registration plates for a motor vehicle under this section if another motor vehicle owned by the applicant has been issued registration plates under this section. (5) The registration plates issued under this section shall: (a) Be issued with a unique background design determined by the department; (b) Be issued with a specific configuration as determined by the department; (c) Contain the words “Medal of Honor”; (d) Contain the image of the Congressional Medal of Honor; and (e) Meet the requirements for registration plates under ORS 803.535. (6) If there is a transfer of interest in the motor vehicle to which the registration plate under this section is assigned, or if the motor vehicle is totaled and not reconstructed, the motor vehicle owner shall remove the registration plate. The Congressional Medal of Honor recipient may retain the registration plate, but the registration plate may not be placed on any other motor vehicle unless the registration plate is transferred as set forth in subsection (7) of this section. (7) If the motor vehicle owner qualifies for the registration plates under subsection (2) of this section, the department may transfer registration plates issued under this section to another motor vehicle registered under ORS 803.420 (1) or (9)(a), as set forth in ORS 805.242. (8) The department shall cancel any registration plates issued under this section if the department determines that the motor vehicle is owned by a person who does not qualify for the registration plates under subsection (2) of this section or that the motor vehicle is not registered under ORS 803.420 (1) or (9)(a). (9) The department may adopt rules necessary to carry out the provisions of this section. [2007 c.311 §2; 2010 c.61 §4] 805.105 Veterans’ recognition plates; Gold Star Family plates; rules; surcharge; disposition of moneys. (1) The Department of Transportation shall establish a veterans’
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recognition registration plate program to issue registration plates called “veterans’ recognition registration plates” upon request to an owner of any motor vehicle registered under ORS 803.420 (1) or (9)(a) if the owner of the motor vehicle qualifies for the plates. Rules adopted under this section shall include, but need not be limited to, rules that: (a) Describe general qualifications to be met by any veterans’ group in order to be eligible for a veterans’ recognition registration plate issued under this section. (b) Specify circumstances under which the department may cease to issue veterans’ recognition registration plates. (c) Specify what constitutes proof of veteran status for issuance of a veterans’ recognition registration plate, if such proof is required by a veterans’ group or by the Director of Veterans’ Affairs. (d) Specify what constitutes proof that a person is a surviving family member of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States. The department may only issue a veteran’s recognition registration plate displaying a gold star decal and the words “Gold Star Family” to a person who is a parent, sibling, spouse or dependent of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States. (2)(a) In addition to any other fee authorized by law, upon issuance of a veterans’ recognition registration plate under this section and upon renewal of registration for a vehicle that has plates issued under this section, the department shall collect a surcharge of $2.50 per plate for each year of the registration period for the vehicle as described under ORS 803.415. (b) Except as otherwise provided in paragraph (c) of this subsection, net proceeds of the surcharge collected by the department for the veterans’ recognition registration plate shall be deposited in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon Veterans’ Home. (c) If the department issues a veterans’ recognition registration plate that names, describes or represents a veterans’ group, that veterans’ group may designate an account into which the net proceeds of the surcharge collected by the department under this section are to be deposited. The department shall keep accurate records of the number of plates issued under this paragraph for each veterans’ group and, after payment of administrative expenses of the department, shall deposit moneys collected under this subsection into the specified account. (d) Deposits under this subsection shall be made quarterly. (3)(a) In consultation with the Department of Transportation, the Director of Veterans’ Affairs shall design the veterans’ recognition registration plate. (b) If the department issues a veterans’ recognition registration plate to recognize a veterans’ group, the department shall, in consultation with the requesting veterans’ group, add words or a military-related decal to the veterans’ recognition registration plate that names, describes or represents the veterans’ group. (c) The department shall add a gold star decal and the words “Gold Star Family” to a veterans’ recognition registration plate background to recognize surviving family members of persons killed in action during an armed conflict while serving in the Armed Forces of the United States. (d) Except as otherwise required by the design, veterans’ recognition registration plates must comply with the requirements of ORS 803.535. (4) The department shall determine how many sets of veterans’ recognition registration plates will be manufactured. If the department does not sell or issue renewal for 500 sets of veterans’
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recognition registration plates in any one year, the department shall cease production of veterans’ recognition registration plates. For the purposes of this section, veterans’ recognition registration plates that name, describe or represent a veterans’ group are included in the total number of veterans’ recognition registration plates issued. (5) For the purposes of this section, “sibling” includes siblings of the whole or half blood and siblings by adoption, marriage or domestic partnership. [2007 c.564 §2; 2015 c.183 §1] 805.106 Funding for veterans’ recognition plate costs. (1) The Director of Veterans’ Affairs shall pay to the Department of Transportation all of the department’s anticipated costs of issuance of the veterans’ recognition registration plate from grants, donations and gifts accepted by the Department of Veterans’ Affairs under ORS 406.050 that may be expended for the purpose of issuance of a veterans’ recognition registration plate. (2) If a veterans’ group requests issuance of a veterans’ recognition registration plate under ORS 805.105, the group shall pay to the department all of the department’s anticipated costs of issuing a veterans’ recognition registration plate that names, describes or represents the group. The department may not begin creating or issuing the plates until the anticipated costs are paid. For purposes of this section, costs of issuing a veterans’ recognition registration plate that names, describes or represents a veterans’ group include, but are not limited to, computer programming costs and vendor set-up fees. [2007 c.564 §3; 2009 c.602 §6] Note: 805.106 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 805.107 Disposition of certain plates issued to veterans. The surviving spouse of a veteran who was issued registration plates under ORS 805.105 may, upon the death of the veteran, continue to use the plates on a motor vehicle or may keep the plates as a memento. [Formerly 805.208] 805.110 Former prisoners of war. (1) In the absence of just cause for refusal, the Department of Transportation shall provide for registration of any motor vehicle required to be registered by this state in a manner consistent with this section for persons who qualify as former prisoners of war under this section. The special registration provisions under this section are subject to all of the following: (a) The fee to register or renew registration under this section shall be the regular registration fee for the vehicle. (b) The department shall not register a motor vehicle under this section if another vehicle owned by the applicant or a member of the applicant’s household has been registered under this section. (c) The department shall not register any commercial vehicle under this section or any motor vehicle with a loaded weight in excess of 10,000 pounds. (2) A person is a former prisoner of war who qualifies for registration of a vehicle under this section if the person, while serving in the active military, naval or air service of the United States or any of its Allies, was forcibly detained or interned in line of duty: (a) By an enemy government or its agents, or a hostile force, during a period of war; or
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(b) By a foreign government or its agents, or a hostile force during a period other than a period of war in which such person was held under circumstances which the department finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war. (3) The surviving spouse of a former prisoner of war who was issued registration under this section may, upon the death of the former prisoner of war, continue to use the registration plates on a motor vehicle or may keep the plates as a memento. (4) The department may suspend or revoke any registration issued under this section if the department determines that the vehicle is owned by a person not qualified for registration under this section or the vehicle is a kind not qualified for registration under this section. [1985 c.16 §94; 1987 c.750 §10; 1989 c.742 §1; 1993 c.741 §128; 2001 c.152 §3; 2005 c.770 §5] 805.115 Active members of Oregon National Guard. (1) In the absence of just cause for refusal, the Department of Transportation shall provide for registration in a manner consistent with this section for persons who qualify under this section as active members of the Oregon National Guard. The special registration provisions under this section are subject to the following: (a) The fee to register or renew registration under this section shall be the regular registration fee for the vehicle. (b) Any motor vehicle registered under ORS 803.420 (1) and (16)(c) and (d) may be registered under this section. (2) A person is eligible for registration under this section if the person is issued a certificate by the Oregon Military Department certifying that the person is an active member of the Oregon National Guard. (3) The department may suspend, revoke or refuse to renew any registration issued under this section if the department determines that the vehicle is owned by a person not qualified for registration under this section or that the vehicle is not eligible for registration under this section. (4) The Oregon Military Department shall notify the Department of Transportation within 30 days if a person issued a certificate described in subsection (2) of this section ceases to be an active member of the Oregon National Guard. [1991 c.383 §2; 1993 c.741 §129; 2001 c.293 §11]
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Chapter 807 — Driving Privileges and Identification Cards
2015 EDITION
DRIVING PRIVILEGES AND IDENTIFICATION CARDS OREGON VEHICLE CODE STATUTORY PRIVILEGES
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807.020 Exemptions from requirement to have Oregon license or permit LICENSES, ENDORSEMENTS AND PERMITS (Licenses) 807.110 Contents of license; rules 807.135 Expiration of license held by Oregon National Guard member or military reservist 807.150 Renewal; proof of address; rules 807.160 Replacement license or permit; rules; fees (Permits) 807.280 Instruction driver permit; fees IDENTIFICATION CARDS 807.400 Issuance; application; proof of address; contents; renewal; fee; validity; replacement;
cancellation; rules STATUTORY PRIVILEGES 807.020 Exemptions from requirement to have Oregon license or permit. A person who is granted a driving privilege by this section may exercise the driving privilege described without violation of the requirements under ORS 807.010. A grant of driving privileges to operate a motor vehicle under this section is subject to suspension and revocation the same as other driving privileges granted under the vehicle code. This section is in addition to any exemptions from the vehicle code under ORS 801.026. The following persons are granted the described driving privileges: (1) A person who is not a resident of this state or who has been a resident of this state for less than 30 days may operate a motor vehicle without an Oregon license or driver permit if the person holds a current out-of-state license issued to the person. For the purpose of this subsection, a person is a resident of this state if the person meets the residency requirements described in ORS 807.062. To qualify under this subsection, the person must have the out-of-state license or driver permit in the person’s possession. A person is not granted driving privileges under this subsection: (a) If the person is under the minimum age required to be eligible for driving privileges under ORS 807.060; (b) During a period of suspension or revocation by this state or any other jurisdiction of driving privileges or of the right to apply for a license or driver permit issued by this state or any other jurisdiction; or
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(c) That exceed the driving privileges granted to the person by the out-of-state license or driver permit. (2) A person in the Armed Forces of the United States may operate a motor vehicle without an Oregon license or driver permit if the person is operating a motor vehicle in the course of the person’s duties in the Armed Forces. (3) A person without a license or driver permit may operate a road roller or road machinery that is not required to be registered under the laws of this state. (4) A person without a license or driver permit may temporarily operate, draw, move or propel a farm tractor or implement of husbandry. (5) A person without a license or driver permit may operate a motor vehicle to demonstrate driving ability during the course of an examination administered under ORS 807.070 for the purpose of qualifying for a license or driver permit. This subsection only applies when an authorized examiner is in a seat beside the driver of the motor vehicle. (6) Driving privileges for snowmobiles are exclusively as provided in ORS 821.150. (7) Driving privileges for Class I all-terrain vehicles are exclusively as provided in ORS 821.170. (8) Driving privileges for Class III all-terrain vehicles are exclusively as provided in ORS 821.172. (9) Driving privileges for Class IV all-terrain vehicles are exclusively as provided in ORS 821.176. (10) A person without a license or driver permit may operate a golf cart in accordance with an ordinance adopted under ORS 810.070. (11) The spouse of a member of the Armed Forces of the United States on active duty who is accompanying the member on assignment in this state may operate a motor vehicle if the spouse has a current out-of-state license or driver permit issued to the spouse by another state in the spouse’s possession. (12) A person who is a member of the Armed Forces of the United States on active duty may operate a motor vehicle if the person has a current out-of-state license or driver permit in the person’s possession that is issued to the person by the person’s state of domicile or by the Armed Forces of the United States in a foreign country. Driving privileges described under this subsection that are granted by the Armed Forces apply only for a period of 45 days from the time the person returns to the United States. (13) A person who does not hold a motorcycle endorsement may operate a motorcycle if the person is: (a) Within an enclosed cab; or (b) Operating a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour. (14) A person may operate a bicycle that is not an electric assisted bicycle without any grant of driving privileges. (15) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older. (16) A person may operate a motor assisted scooter without a driver license or driver permit if the person is 16 years of age or older. (17) A person who is not a resident of this state or who has been a resident of this state for less than 30 days may operate a motor vehicle without an Oregon license or driver permit if the person is at least 15 years of age and has in the person’s possession a current out-of-state
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equivalent of a Class C instruction driver permit issued to the person. For the purpose of this subsection, a person is a resident of this state if the person meets the residency requirements described in ORS 807.062. A person operating a motor vehicle under authority of this subsection has the same privileges and is subject to the same restrictions as a person operating under the authority of a Class C instruction driver permit issued as provided in ORS 807.280. (18) A person may operate an electric personal assistive mobility device without any grant of driving privileges if the person is 16 years of age or older. [1983 c.338 §300; 1985 c.16; 123; 1985 c.608 §13; 1987 c.217 §5; 1993 c.83 §1; 1995 c.774 §14; 1997 c.400 §6; 2001 c.749 §21; 2003 c.14 §468; 2003 c.341 §6; 2007 c.845 §3; 2009 c.395 §6; 2011 c.360 §16] LICENSES, ENDORSEMENTS AND PERMITS (Licenses) 807.110 Contents of license; rules. (1) A license issued by the Department of Transportation shall contain all of the following: (a) The distinguishing number assigned to the person issued the license by the department. (b) For the purpose of identification, a brief description of the person to whom the license is issued. (c) The full legal name of the person to whom the license is issued, except that the department may limit the number of characters displayed on the license. (d) The date of birth of the person to whom the license is issued. (e) Except as provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250 or Address Confidentiality Program participants in ORS 192.846, the residence address of the person to whom the license is issued. (f) Upon request of the person to whom the license is issued, the fact that the person is an anatomical donor. (g) Upon request of the person to whom the license is issued and presentation of proof, as determined by the department, the fact that the person is a veteran, as defined in ORS 408.225. (h) Upon order of the juvenile court, the fact that the person to whom the license is issued is an emancipated minor. (i) Except as otherwise provided in subsection (2) of this section, a photograph described in this paragraph. A photograph required under this paragraph shall: (A) Be a full-faced, color photograph of the person to whom the license is issued; (B) Be of a size approved by the department; and (C) Be taken at the time of application for issuance of the license whether the application is for an original license, replacement of a license under ORS 807.160 or for renewal of a license under ORS 807.150, except that the department, by rule, may allow the applicant to use a photograph already on file with the department. (j) The class of license issued and any endorsements granted. If the license is a commercial driver license, the words “commercial driver license” or the letters “CDL” shall appear on the license. (k) The signature of the person to whom the license is issued. (2) The department may issue a valid license without a photograph to an applicant: (a) Who objects on religious grounds;
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(b) Who objects because of the applicant’s facial disfigurement; or (c) Who is stationed outside of this state while serving in the active military service in the Armed Forces of the United States or the National Guard, and the department does not have an acceptable photograph of the applicant, as determined by the department by rule. This paragraph applies to an applicant who is renewing or replacing a license. (3) A limited term driver license issued under ORS 807.730 shall indicate: (a) That it is a limited term driver license; and (b) The date on which the limited term driver license expires. (4) The department shall use security procedures, processes and materials in the preparation, manufacture and issuance of any license that prohibit as nearly as possible anyone’s ability to alter, counterfeit, duplicate or modify the license without ready detection. The security features used in the production of the licenses shall provide for: (a) The authentication of a genuine document in a reasonable time; and (b) The production of the license only by equipment that requires verification of the identity of the operator of the equipment before a license may be produced. [1983 c.338 §306; 1985 c.16 §127; 1985 c.563 §6; 1985 c.608 §18; 1989 c.636 §22; 1991 c.67 §217; 1991 c.523 §6; 1993 c.751 §39; 2003 c.14 §474; 2005 c.292 §7; 2005 c.775 §7; 2007 c.542 §§5,6; 2008 c.1 §§12,13; 2010 c.61 §1; 2015 c.455 §1] 807.135 Expiration of license held by Oregon National Guard member or military reservist. (1) Notwithstanding ORS 807.130, a license held by a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the holder is on active duty shall remain valid and grant driving privileges for 90 days following the termination of active duty. (2) The court shall dismiss the charge of operating a vehicle without driving privileges under ORS 807.010 if, when charged, a member of the Oregon National Guard or a military reservist held a valid license pursuant to subsection (1) of this section. [2005 c.257 §2; 2009 c.482 §3] 807.150 Renewal; proof of address; rules. (1) When a license expires or is about to expire, the Department of Transportation shall renew the license under this section if the holder of the license qualifies for renewal of the license under this section and: (a) Applies for renewal within one year of the expiration of a similar license under ORS 807.130; or (b) Applies for issuance of a license within six months after the applicant is discharged from the Armed Forces of the United States and was licensed by this state at the time of the applicant’s entry into the Armed Forces. (2) To qualify for renewal of a license under this section, a person must meet all of the requirements under ORS 807.040 for the class of license sought to be renewed, except that the department may waive the examination under ORS 807.070 of a person applying for renewal of a license unless the department has reason to believe that the applicant is not qualified to hold the license or unless the applicant for renewal has not previously been examined. (3) To receive a renewal under this section, the license renewal fee and the Student Driver Training Fund eligibility fee under ORS 807.370 must be paid. (4) If a person who applies for a renewal under this section is not qualified to renew the class of license sought to be renewed, the department may issue the person any lower class of license
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for which the person qualifies in lieu of renewing the person’s license for the class of license held by the person. (5) A license that is renewed under this section may be used on or after the date of issuance. If the department issues a license renewal to a person under this section before the expiration of the license being renewed, the older license is invalid. A license that becomes invalid under this subsection shall be destroyed by the person to whom it was issued. (6) If the address of the applicant has changed since the last time a license was issued to or renewed for the applicant, the department shall require proof to verify the address of an applicant for renewal of a license in addition to anything else the department may require of the applicant. The department shall adopt rules to identify what constitutes proof of address for purposes of this subsection. Verification of proof of address may include, but is not limited to, providing a utility bill, a tax return, a record from a financial institution, a proof of insurance card or a health benefits card, a selective service card, a mortgage document or a lease agreement. The applicant may provide the proof of address by submitting proof in the form of an original document or a copy of a document, use an electronic device to display proof of address, or provide proof through the use of a third party address verification system. [1983 c.338 §310; 1985 c.16 §131; 1985 c.597 §10; 1985 c.608 §19; 1991 c.709 §2; 1993 c.751 §42; 2001 c.668 §9; 2015 c.716 §8] 807.160 Replacement license or permit; rules; fees. (1) The Department of Transportation shall establish by rule the reasons for issuing a replacement driver license or driver permit to a person who submits an application for the replacement. The reasons for replacement shall include, but are not limited to, situations when the person: (a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person’s driver license or driver permit. (b) Changes residence address from the address noted on the person’s driver license or driver permit. (c) Is a corrections officer or an eligible employee who has requested, in accordance with ORS 802.250 or 802.253, that department records show the address of the person’s employer. (d) Changes names from the name noted on the person’s driver license or driver permit. (e) Is applying or is required to add or remove a restriction on the driver license or driver permit. (f) Is applying or is required to add or remove an endorsement other than a motorcycle endorsement on the driver license or driver permit. (g) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing a driver license or driver permit. (h) Furnishes proof satisfactory to the department that, for a reason identified by the department by rule, the person needs a replacement driver license or driver permit that bears a different distinguishing number from the license or permit being replaced. (i) Furnishes proof satisfactory to the department that the person is a veteran, as defined in ORS 408.225, and the person requests a replacement driver license that includes the fact that the person is a veteran. (2) Notwithstanding subsection (1)(b) of this section, in lieu of issuing a replacement driver license or driver permit upon a change in residence address of a person, the department may note the change of residence address on the person’s license or permit in a manner determined by the department. (3) A replacement driver license or driver permit issued under this section:
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(a) Shall bear the same distinguishing number as the driver license or driver permit replaced unless the person applying for the replacement furnishes proof as described in subsection (1)(h) of this section. (b) Does not alter or extend the driving privileges granted to the person under the old license or permit unless the replacement license or permit was issued for the purpose of changing a restriction or endorsement or for correcting an error involving driving privileges. (4) Except for driver permits for which the department does not charge an issuance fee, the department shall charge the fee under ORS 807.370 for a replacement license or driver permit issued under this section. The replacement fee is in addition to any endorsement or test fee that may apply. The department may waive the replacement fee as provided under ORS 807.390. (5) The driver license or driver permit replaced under this section is invalid and shall be surrendered to the department. (6) The department may not issue a replacement driver license or driver permit under this section if: (a) The person making application is not qualified to hold a license or permit at the time of application. (b) The driving privileges of the person making application are suspended or revoked and have not been partially or completely reinstated. (7) The department need not issue a replacement driver license or driver permit to a person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a replacement license or permit. [1983 c.338 §313; 1985 c.16 §133; 1985 c.174 §9; 1985 c.258 §4; 1985 c.396 §8; 1985 c.563 §7; 1985 c.597 §12a; 1985 c.669 §9; 1989 c.535 §1; 1991 c.67 §218; 1991 c.523 §7; 1991 c.702 §23; 1993 c.393 §2; 1993 c.751 §43; 2005 c.59 §1; 2005 c.241 §1a; 2005 c.292 §8a; 2010 c.61 §2] (Permits) 807.280 Instruction driver permit; fees. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit: (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class C driver license or as a motorcycle endorsement, but the instruction driver permit will also be subject to the provisions of this section. (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following: (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.
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(b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement. (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection. (3) The fees required for issuance or renewal of an instruction driver permit are the instruction driver permit fees under ORS 807.370. (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. (5) When an instruction driver permit expires or is about to expire, the department shall renew the instruction driver permit if the holder of the instruction driver permit qualifies for renewal of the instruction driver permit under this section and applies for renewal: (a) Within one year of the expiration of an instruction driver permit issued under this section; or (b) Within six months after the applicant is discharged from the Armed Forces of the United States if the applicant held an instruction driver permit issued by this state at the time of the applicant’s entry into the Armed Forces. (6) To qualify for renewal of an instruction driver permit, a person must meet all of the requirements for the type of instruction driver permit sought to be renewed, except that the department may waive the examination unless the department has reason to believe that the applicant is not qualified for the instruction driver permit. (7) An instruction driver permit that is renewed under this section may be used on or after the date of issuance. If the department issues an instruction driver permit renewal to a person under this section before the expiration of the instruction driver permit being renewed, the older permit is invalid. An instruction driver permit that becomes invalid under this subsection shall be surrendered to the department. (8) The holder of the instruction driver permit may not operate a motor vehicle unless the holder has the instruction driver permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the instruction driver permit unless the instruction driver permit is for motorcycle driving privileges. For an instruction driver permit granting motorcycle driving privileges, the holder of the instruction driver permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. (9) The holder of an instruction driver permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section: (a) The holder may operate a motorcycle only during daylight hours. (b) The holder may not carry any passengers on the motorcycle. (c) The holder of the instruction driver permit must wear an approved helmet while operating a motorcycle. (10)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.
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(b) As used in this subsection, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in ORS 807.355. (11) In addition to any other requirements under this section, the holder of an instruction driver permit issued under subsection (10) of this section may operate a motor vehicle only when using a bioptic telescopic lens. [1983 c.338 §316; 1985 c.16 §135; 1985 c.608 §23; 1989 c.397 §1; 1989 c.636 §29; 1991 c.67 §219; 2001 c.410 §5; 2003 c.14 §482; 2003 c.277 §§8,12; 2005 c.59 §§7,8; 2005 c.649 §§35,36; 2007 c.121 §§1,2; 2007 c.588 §5; 2013 c.237 §45] IDENTIFICATION CARDS 807.400 Issuance; application; proof of address; contents; renewal; fee; validity; replacement; cancellation; rules. (1) The Department of Transportation shall issue an identification card to any person who: (a) Is domiciled in or is a resident of this state, as described in ORS 807.062; (b) As required by ORS 807.021 and 807.730, provides the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number; (c) Does not have a current, valid driver license; (d) Furnishes evidence of the person’s full legal name, age and identity as the department may require; and (e) Submits to collection of biometric data by the department that establish the identity of the person as provided in ORS 807.024. (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for identification cards. (3) Every original application for an identification card must be signed by the applicant. The department shall require proof to verify the address of an applicant for issuance of an identification card in addition to other documents the department may require of the applicant. If the address of an applicant has changed since the last time an identification card was issued to or renewed for the applicant, the department shall require proof to verify the address of the applicant for renewal of an identification card, in addition to anything else the department may require. The department shall adopt rules to identify what constitutes proof of address for purposes of this subsection. Verification of proof of address may include, but is not limited to, providing a utility bill, a tax return, a record from a financial institution, a proof of insurance card or a health benefits card, a selective service card, a mortgage document or a lease agreement. The applicant may provide the proof of address by submitting proof in the form of an original document or a copy of a document, use an electronic device to display proof of address, or provide proof through the use of a third party address verification system. (4) Every identification card shall be issued upon the standard license form described under ORS 807.110 and shall bear a statement to the effect that the identification card is not a license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only. The department shall use the same security procedures, processes, materials and features for an identification card as are required for a license under ORS 807.110. The identification card is not required to contain the residence address of persons listed in ORS 807.110 (1)(e).
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(5) If the identification card is a limited term identification card issued under ORS 807.730, the limited term identification card shall indicate: (a) That it is a limited term identification card; and (b) The date on which the limited term identification card expires. (6) Upon order of the juvenile court, the department shall include on the card the fact that the person issued the identification card is an emancipated minor. (7) Upon request of the person to whom the identification card is issued and presentation of proof, as determined by the department by rule, that the person is a veteran, as defined in ORS 408.225, the department shall include on the card the fact that the person is a veteran. (8) Each original identification card shall expire on a date consistent with the expiration dates of licenses as set forth in ORS 807.130. (9) Identification cards shall be renewed under the terms for renewal of licenses as set forth in ORS 807.150. (10) The fee for an original identification card or a renewal thereof shall be the fee established under ORS 807.410. (11) An identification card becomes invalid if the holder of the card changes the holder’s residence address from that shown on the identification card and does not provide the department with notice of the change as required under ORS 807.420. (12) If a person to whom an identification card was issued and who changes the person’s residence address appears in person at a department office that issues identification cards, the department may do any of the following: (a) Issue a replacement identification card containing the new address upon receipt of the old identification card and payment of the fee established for issuing a replacement identification card with a changed address under ORS 807.410. Except as otherwise provided in subsection (14) of this section, the replacement identification card shall bear the same distinguishing number as the card being replaced. (b) Note the new address on the old identification card in a manner to be determined by the department by rule. (13) An identification card becomes invalid if the holder of the card changes the holder’s name from that shown on the card, including a change of name by marriage, without providing the department with notice of the change as required under ORS 807.420. Upon receiving such notice and the old identification card, the department shall issue a replacement identification card upon payment of the fee required under ORS 807.410. (14) In the event that, for a reason identified by the department by rule, a person needs a replacement identification card that bears a distinguishing number different from the number on the card being replaced, the person to whom the card was issued may obtain a replacement card from the department upon furnishing proof satisfactory to the department of the need for such replacement and payment of the replacement fee under ORS 807.410. (15) If a person furnishes proof that the person is a veteran, as defined in ORS 408.225, and the person’s identification card does not include the fact that the person is a veteran, the department shall issue a replacement identification card that includes the fact that the person is a veteran. (16) The department may establish by rule reasons for issuing replacement identification cards that are in addition to the reasons identified in subsections (12) to (15) of this section. The fee for a replacement identification card is provided under ORS 807.410.
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(17) Upon cancellation of an identification card, the card is terminated and must be surrendered to the department. An identification card may be canceled for any of the reasons that driving privileges or a driver license may be canceled under ORS 809.310. The department may reissue an identification card canceled under this subsection when the applicant has satisfied all requirements for the identification card. (18) Notwithstanding any other provision of this section, the department may issue an identification card to a person under this subsection without charge when the person surrenders the person’s driver license or driver permit to the department for reasons described in this subsection. If the department issues an identification card under this subsection, the identification card shall expire at the same time as the surrendered driver license or driver permit would have expired. An identification card issued under this subsection is subject to the same requirements and fees for renewal or upon expiration as any other identification card issued under this section. The department may issue identification cards under this subsection for any of the following reasons: (a) The person voluntarily surrenders the person’s driver license or driver permit to the department based upon the person’s recognition that the person is no longer competent to drive. (b) The person’s driving privileges are suspended under ORS 809.419 (1). This paragraph only applies if the person voluntarily surrenders the person’s driver license or driver permit to the department as provided under ORS 809.500. [1983 c.338 §866; 1985 c.16 §437; 1985 c.174 §13; 1985 c.301 §2; 1989 c.535 §2; 1993 c.393 §2a; 1993 c.741 §82; 1993 c.751 §48; 2001 c.452 §1; 2003 c.402 §19; 2005 c.59 §10; 2005 c.241 §2a; 2005 c.775 §8; 2007 c.542 §§8,9; 2008 c.1 §§21,22; 2010 c.61 §3; 2011 c.282 §4; 2015 c.716 §1]
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Chapter 809 — Refusal, Suspension, Cancellation and Revocation of Registration, Title,
Driving Privileges and Identification Card; Vehicle Impoundment
2015 EDITION
SUSPENSION AND REVOCATION; IMPOUNDMENT OREGON VEHICLE CODE DRIVING PRIVILEGES (Cancellation, Refusal to Issue, Suspension or Revocation) 809.380 Period of suspension; effect; reinstatement; fee
______________ DRIVING PRIVILEGES (Cancellation, Refusal to Issue, Suspension or Revocation) 809.380 Period of suspension; effect; reinstatement; fee. All of the following apply to a person whose driving privileges have been suspended: (1) The period of suspension shall last as long as provided for that particular suspension by law. (2) During the period of suspension, the person is not entitled to exercise any driving privileges in this state except as provided under this subsection. Unless otherwise specifically provided by law, a person whose driving privileges are suspended may obtain, if the person qualifies, a hardship driver permit under ORS 807.240, and exercise driving privileges under the driver permit. (3) Upon expiration of the suspension, the Department of Transportation shall reissue, upon request of the person, the suspended driving privileges and any license or driver permit that evidences the driving privileges. The reissuance shall be without requalification by the person except that the department may require the person to furnish evidence satisfactory to the department that the person is qualified to continue to exercise driving privileges in this state before the department reissues the driving privileges. (4) The department may not issue any driving privileges in contradiction to this section. (5) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are suspended, the person is subject to the penalties under ORS 809.500. (6) No reinstatement of suspended driving privileges will be made by the department until the fee for reinstatement of suspended driving privileges established under ORS 807.370 is paid to or waived by the department. The department may waive the reinstatement fee for any of the following reasons:
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(a) The suspension occurred under ORS 809.419 for failure to take an examination upon request of the department under ORS 807.340. (b) The suspension occurred under ORS 809.419 for failure to obtain required medical clearance upon request of the department under ORS 807.070 or 807.090. (c) The suspension occurred under ORS 809.419 for incompetence to drive a motor vehicle or having a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle. (d) The suspension occurred under ORS 809.419 upon notification by the superintendent of a hospital under ORS 807.700 that a person should not drive. (e) The suspension occurred under ORS 809.419 upon notification by a court under ORS 810.375 that a person charged with a traffic offense has been found guilty except for insanity. (f) The department committed an error in issuing the suspension. (g) The suspension was the result of an error committed by an insurance company in issuing or failing to issue a certification of insurance or in canceling a certification of insurance filed with the department under ORS 806.270. (h) The department issued the suspension without error because the person failed to respond as required under ORS 806.160 or to furnish proof of exemption under ORS 806.210 from the filing requirement of ORS 806.200, but the department later determines that the person in fact was in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200. (i) The department issued the suspension without error because the person was not in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200, but the department later determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date of the department’s letter of verification or at the time of the accident. (j) The suspension was the result of an error committed by an insurance company in notifying the department regarding the correctness of a certification under ORS 806.150. (k) The suspension occurred because the person failed to make future responsibility filings but the department later determines that the reason for the failure was that the person was a military reservist or a member of a National Guard unit that was ordered to active military duty to a location outside of the United States. The effective date of the military orders must be prior to the effective date of a suspension issued by the department for failure to make a future responsibility filing. (L) The department issued the suspension without error because the department received a notice to suspend from a court under ORS 809.210 or 809.220, but the department later determines that the person in fact was in compliance with the requirements of the court prior to the effective date of the suspension. (7) The department shall waive the reinstatement fee for a person whose driving privileges were suspended under ORS 809.423 (3) if the person: (a) Has graduated from high school and provides the department with proof of graduation satisfactory to the department; or (b) Has received a General Educational Development (GED) certificate from a community college and provides the department with proof of the certificate satisfactory to the department. [1983 c.338 §350; 1985 c.16 §164; 1985 c.173 §1; 1985 c.393 §9; 1985 c.669 §17a; 1985 c.714
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§8; 1987 c.137 §3; 1987 c.258 §8; 1987 c.272 §3; 1987 c.801 §7; 1989 c.224 §139; 1991 c.474 §1; 2003 c.402 §26; 2005 c.104 §1; 2005 c.140 §3; 2009 c.105 §1]
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Chapter 811 — Rules of the Road for Drivers
2015 EDITION
RULES OF THE ROAD FOR DRIVERS OREGON VEHICLE CODE PARKING, STOPPING AND STANDING (Parking for Persons With Disabilities) 811.602 Disabled person parking permit; content; rules PARKING, STOPPING AND STANDING (Parking for Persons With Disabilities) 811.602 Disabled person parking permit; content; rules. (1) A disabled person parking permit is a means of identifying vehicles being used to exercise the parking privileges described in ORS 811.635. The following are disabled person parking permits: (a) A special decal described in ORS 811.605 issued by the Department of Transportation to be affixed to a golf cart or substantially similar vehicle; (b) An individual placard described in ORS 811.605; (c) A program placard issued by the department under ORS 811.607; (d) A family placard issued by the department under ORS 811.609; (e) A foreign visitor placard issued by the department under ORS 811.611; and (f) A “Wheelchair User” placard or decal issued by the department under ORS 811.613. (2) The department shall issue a disabled person parking permit in the form of a decal or individual placard to any person who submits an application that complies with ORS 811.604. Nothing in this section prohibits the department from issuing a decal or individual placard to a person who has disabled veteran registration plates issued under ORS 805.100 and who qualifies for the decal or placard. (3) Except as otherwise provided in this subsection, the department may not issue more than one individual placard to an applicant. The department may issue a replacement placard upon receipt of proof satisfactory to the department that the original placard has been lost, mutilated or destroyed. The department may issue a temporary duplicate permit to a person who needs a duplicate permit for travel purposes. A temporary duplicate permit shall be valid for 30 days. The department shall adopt rules governing application for and issuance of temporary duplicate permits. Nothing in this subsection prohibits issuance of an individual placard to a person who has been issued a decal. (4) Permits issued under this section, other than temporary duplicate permits, may be renewed by mail. (5) Permits for use on vehicles that are regularly used as part of a program for the transportation of persons with disabilities are issued as provided in ORS 811.607.
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(6) Except as provided in subsection (7) of this section, the department shall determine the form, size and content of any decal or placard issued under this section and shall adopt rules governing their issuance, display and use as necessary to carry out this section. (7)(a) Except as provided in paragraph (b) of this subsection, the department may not require a decal or placard issued under this section to an individual or a family to contain any identifying information about the person to whom the decal or placard is issued, including any of the following: (A) Name; (B) Address; (C) Telephone number; (D) Social Security number; (E) Driver license number; (F) Golf cart driver permit number; (G) Identification card number; (H) Passport or visa number; or (I) Photograph. (b) The department may require a decal or placard issued under this section to an individual or a family to contain not more than four digits of the driver license or identification card number of the person to whom the decal or placard is issued. [1987 c.187 §7; 1989 c.243 §2; 1991 c.741 §1; 1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1; 2007 c.70 §330; 2007 c.468 §5]
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Chapter 813 — Driving Under the Influence of Intoxicants
2015 EDITION
DRIVING UNDER THE INFLUENCE OF INTOXICANTS OREGON VEHICLE CODE DIVERSION 813.220 Matters to be considered by court in determining to allow diversion agreement;
reasons for denial 813.225 Petition for extension of diversion period; conditions 813.255 Termination of diversion
______________ DIVERSION 813.220 Matters to be considered by court in determining to allow diversion agreement; reasons for denial. After the time for requesting a hearing under ORS 813.210 has expired with no request for a hearing, or after a hearing requested under ORS 813.210, the court shall determine whether to allow or deny a petition for a driving while under the influence of intoxicants diversion agreement. In making a determination under this section, the court: (1) Shall consider whether the diversion will be of benefit to the defendant and the community. (2) May take into consideration whether there was an early recognition by the defendant during the proceeding that a course of diagnosis and treatment of problem drinking, alcoholism or drug dependency would be beneficial. (3) May take into consideration whether there is a probability that the defendant will cooperate with the diagnostic assessment and treatment agencies. (4) May take into consideration whether the defendant will observe the restrictions contained in the diversion agreement. (5) May take into consideration whether the offense was committed in a motor vehicle and whether there was a passenger in the motor vehicle who was under 18 years of age and at least three years younger than the defendant. (6) Shall deny the petition for a driving while under the influence of intoxicants diversion agreement if the defendant failed to appear at an arraignment on the present offense without good cause. (7) Shall deny the petition for a driving while under the influence of intoxicants diversion agreement if, after the date the defendant filed the petition, the defendant was charged with or convicted of: (a) An offense of driving while under the influence of intoxicants in violation of: (A) ORS 813.010; or
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(B) The statutory counterpart to ORS 813.010 in another jurisdiction; (b) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof; or (c) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content. (8) Shall deny the petition for a driving while under the influence of intoxicants diversion agreement if the defendant participated in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in another jurisdiction after the date the defendant filed the petition. (9) Shall deny the petition for a driving while under the influence of intoxicants diversion agreement if the defendant was charged with or convicted of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle in this state or in another jurisdiction after the date the defendant filed the petition. (10) Shall deny the petition for a driving while under the influence of intoxicants diversion agreement if the defendant has been convicted of a felony offense described in ORS 813.010 (5)(a). (11) For the purposes of subsection (7) of this section, may not consider a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older as a prior conviction. (12) May not deny the petition for a driving while under the influence of intoxicants diversion agreement solely on the basis that the defendant is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard and has been called or demonstrates that the defendant will be called to active duty, and the military service will impair the defendant’s ability to complete the diversion program. [1983 c.338 §371; 1987 c.441 §6; 1997 c.749 §6; 1999 c.1051 §296; 2003 c.445 §2; 2007 c.867 §15; 2007 c.879 §7; 2011 c.197 §1] 813.225 Petition for extension of diversion period; conditions. (1) A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 was entered for an order extending the diversion period: (a) Within 30 days prior to the end of the diversion period; or (b) If the defendant is serving on active duty as a member of the Armed Forces of the United States, or is a member of the reserve components of the Armed Forces of the United States or the National Guard, at any time prior to the end of the diversion period. (2) Petition forms for an application for an extension under this section shall be available to a defendant at the court. (3) The form of the petition for an extension under this section shall be determined by the Supreme Court under ORS 1.525. The petition forms made available to a defendant by any city or state court shall conform to the requirements of the Supreme Court. (4) The court may grant a petition for an extension filed under this section if the court finds that the defendant made a good faith effort to complete the conditions of the diversion agreement
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and that the defendant can complete the conditions of the diversion agreement within the requested extended diversion period. (5) An extension granted under this section may be for no more than 180 days from the ending date of the original diversion period or for another time period the court allows under subsection (7) of this section. (6) Except as provided in subsection (7) of this section, a court may grant a defendant only one extension of a diversion period under this section. (7) The court may extend the diversion period as necessary to allow the defendant sufficient time to complete the conditions of the diversion agreement if the defendant: (a) Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; (b) Is on active duty or has received orders that the defendant will be called to active duty; and (c) Demonstrates that the military service will impair the defendant’s ability to complete the conditions of the diversion agreement and no comparable treatment program described in ORS 813.233 is available. (8) If the court grants the petition for an extension under this section, the following apply: (a) If the defendant fully complies with the conditions of the diversion agreement within the extended diversion period, the court may dismiss the charge with prejudice under ORS 813.250. (b) If the court finds that the defendant failed to comply with the diversion agreement within the extended diversion period, the court shall enter the guilty plea or no contest plea filed as part of the petition for a diversion agreement, shall enter a judgment of conviction and shall sentence the defendant. (9) If the court denies the petition for an extension under this section, the court shall enter the guilty plea or no contest plea filed as part of the petition for a diversion agreement, shall enter a judgment of conviction and shall sentence the defendant. [1997 c.749 §7; 2003 c.816 §3; 2011 c.197 §2] 813.255 Termination of diversion. (1) At any time before the court dismisses with prejudice the charge of driving while under the influence of intoxicants, the court on its own motion or on the motion of the district attorney or city attorney may issue an order requiring the defendant to appear and show cause why the court should not terminate the diversion agreement. The order to show cause must: (a) State the reasons for the proposed termination; (b) Specify the amount of any fees owed and, if the amount owed is $500 or less, inform the defendant that the court may dismiss with prejudice the charge of driving while under the influence of intoxicants if the person has complied with and performed all of the conditions of the diversion agreement and pays the remaining amount before or on the date of the hearing; and (c) Set an appearance date. (2) The order to show cause shall be served on the defendant and on the defendant’s attorney, if any. Service may be made by first class mail, postage paid, addressed to the defendant at the mailing address shown on the diversion petition and agreement or at any other address that the defendant provides in writing to the court. (3) Except as provided in subsections (4), (5) and (6) of this section, the court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if the defendant fails to appear at the hearing on the order to
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show cause or if, at the hearing on the order to show cause, the court finds by a preponderance of the evidence that: (a) The defendant no longer qualifies for the diversion agreement under the conditions described in ORS 813.215; or (b) The defendant failed to fulfill all of the terms of the diversion agreement. (4) If a defendant is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard and is on active duty, the court shall: (a) Allow the defendant to appear at the hearing by telephone or other communication device approved by the court, if the defendant’s military service permits such an appearance; or (b) Stay the termination proceeding if the defendant’s military service prohibits the defendant’s appearance by telephone or other communication device and prohibits the defendant from aiding and assisting the attorney who would appear on the defendant’s behalf. (5) If the defendant appears at the hearing on the order to show cause, the court shall dismiss with prejudice the charge of driving while under the influence of intoxicants if: (a) The defendant has complied with and performed all of the conditions of the diversion agreement except that the defendant owes $500 or less of the fees required under ORS 813.200, 813.210, 813.235 and 813.240; and (b) The defendant pays the balance of the fees owed by 5 p.m. on the day the hearing is held. The defendant may also pay the balance of the fees owed before the day the hearing is held. (6) A court may not terminate a diversion agreement under this section for failure to pay restitution under ORS 137.108 if the defendant has otherwise complied with and performed all of the conditions of the diversion agreement. (7) Before the court dismisses with prejudice the charge of driving while under the influence of intoxicants under this section, the court shall enter a judgment containing a money award, as defined in ORS 18.005, for any remaining amount of restitution owed by the defendant. (8) If the court terminates the diversion agreement and enters the guilty plea or no contest plea, the court may take into account at time of sentencing any partial fulfillment by the defendant of the terms of the diversion agreement. [1987 c.441 §9; 2003 c.816 §5; 2011 c.197 §3; 2013 c.78 §1]